Full .pdf letter [See errata *].
On 15 December 2021 LRWC wrote to Canadian and British Colombia authorities expressing concern about “allegations of unlawful use of force by the Royal Canadian Mounted Police (RCMP) against Wet’suwet’en people and their invitees during the enforcement of a court injunction in Wet’suwet’en territory in November 2021, including arrests of peaceful Indigenous land rights defenders and clearly-identified journalists.” The letter calls for removal of RCMP from Wet’suwet’en territory, independent investigation of allegations of unlawful use of force, and compliance with the December 2019 Decision of the UN Committee on the Elimination of Racial Discrimination to:
- “halt construction…of the Coastal Gas Link pipeline in the traditional and unceded lands of the Wet’suwet’en people,”
- “immediately cease forced eviction of…Wet’suwet’en peoples,”
- “guarantee that no force will be used against…Wet’suwet’en,” and,
- ensure that “the Royal Canadian Mounted Police and associated security and policing services will be withdrawn from their traditional lands.”
The letter refers to LRWC’s 17 March 2020 legal brief, entitled “Canada’s international human rights law obligations to suspend construction of the Coastal GasLink Pipeline and stop use of force against the Wet’suwet’en”[2].
15 December 2021
The Honourable David Lametti
Attorney General of Canada
House of Commons
Ottawa, Ontario K1A 0A6
Email: David.Lametti@parl.gc.ca
The Honourable Marco E.L. Mendicino
Minister of Public Safety
Government of Canada
House of Commons
Ottawa, Ontario K1A 0A6
Email: Marco.Mendicino@parl.gc.ca
The Honourable David Eby, QC,
Attorney General of British Colombia
Room 232 Parliament Buildings
Victoria, BC V8V 1X4
Email: AG.Minister@gov.bc.ca
The Honourable Mike Farnworth
Solicitor General of British Columbia
Room 128 Parliament Buildings
Victoria, BC V8V 1X4
Email: PSSG.Minister@gov.bc.ca
Dear Ministers,
Re: Unlawful attacks on Indigenous land rights defenders in Wet’suwet’en Territory
We write on behalf of Lawyers’ Rights Watch Canada (LRWC), a committee of lawyers and human rights defenders who promote international human rights, the independence and security of human rights defenders, the integrity of legal systems, and the rule of law through advocacy, education and legal research. LRWC has Special Consultative Status with the Economic and Social Council of the United Nations (UN).
LRWC is greatly concerned by allegations of unlawful use of force by the Royal Canadian Mounted Police (RCMP) against Wet’suwet’en people and their invitees during the enforcement of a court injunction in Wet’suwet’en territory in November 2021, including arrests of peaceful Indigenous land rights defenders and clearly-identified journalists. RCMP members reportedly used firearms and police dogs during the arrests.
LRWC calls for the removal of the RCMP from the Wet’suwet’en territory, and for prompt, impartial, independent and thorough investigation of allegations of unlawful use of force. We also call on the governments of Canada and British Columbia (BC) to ensure full and immediate compliance with the December 2019 Decision of the United Nations (UN) [Committee on the Elimination of Racial Discrimination][*] (CERD), which calls on Canada to comply with its binding international human rights law obligations, to:
- “halt construction…of the Coastal Gas Link pipeline in the traditional and unceded lands of the Wet’suwet’en people,”
- “immediately cease forced eviction of…Wet’suwet’en peoples,”
- “guarantee that no force will be used against…Wet’suwet’en,” and,
- ensure that “the Royal Canadian Mounted Police and associated security and policing services will be withdrawn from their traditional lands.”
Instead of cooperating with the CERD, Canada and BC have ignored the Decision and continue to facilitate unlawful use of force to violate the fundamental rights and freedoms of Wet’suwet’en peoples and their invitees. Canadian and BC authorities have used permits, court injunctions, and police powers to override international human rights law and rule of law[1] principles.
The Wet’suwet’en People have the right to occupy their lands, to oppose environmental degradation and to engage in peaceful protests.
LRWC’s legal brief, entitled “Canada’s international human rights law obligations to suspend construction of the Coastal GasLink Pipeline and stop use of force against the Wet’suwet’en”[2] (attached), explains the CERD’s decision and the applicable legal obligations of Canada and BC.
We call on the Attorney Generals of Canada and BC to immediately take all measures necessary to ensure compliance with the CERD’s Decision.
We look forward to your response.
Yours sincerely,
[signed]Gail Davidson
LRWC Research Director
Catherine Morris
LRWC Executive Director
Copied to:
Chief Howihkat (Freda Huson)
Unist’ot’en House
Unist’ot’en Territory
Wet’suwet’en Nation
Email: fhuson@gmail.com;
Ms. Leah Gazan
Member of Parliament for Winnipeg Centre
House of Commons
Ottawa, Ontario
Canada K1A 0A6
leah.gazan@parl.gc.ca
Ms. Lorie Idlout
Member of Parliament for Nunavut
House of Commons
Ottawa, Ontario
Canada K1A 0A6
Email: lorie.idlout@parl.gc.ca
Mr. Matthew Green
Member of Parliament for Cowichan-Malahat-Langford
House of Commons
Ottawa, Ontario
Canada K1A 0A6
Email: matthew.green@parl.gc.ca
Mr. Alistair MacGregor
Member of Parliament for Hamilton Centre
House of Commons
Ottawa, Ontario
Canada K1A 0A6
Email: alistair.macgregor@parl.gc.ca
Mr. Charlie Angus
Member of Parliament for Timmins-James Bay
House of Commons
Ottawa, Ontario
Canada K1A 0A6
Email: charlie.angus@parl.gc.ca
Mr. Don Davies
Member of Parliament for Vancouver Kingsway
House of Commons
Ottawa, Ontario
Canada K1A 0A6
Email: don.davies@parl.gc.ca
Mr. Peter Julian
House of Commons
Ottawa, Ontario
Canada K1A 0A6
Member of Parliament for New Westminster-Burnaby
Email: peter.julian@parl.gc.ca
Hon. Murray Rankin
Minister of Indigenous Relations and Reconciliation
Member of the Legislative Assembly for Oak Bay-Gordon Head
Province of British Colombia
Email: murray.rankin.MLA@leg.bc.ca;
Hon. Nathan Cullen
Minister of State for Lands and Natural Resource Operations
Member of the Legislative Assembly for Stikine
Province of British Colombia
Email: nathan.cullen.MLA@leg.gov.ca
Ms. Sonia Furstenau
Member of the Legislative Assembly for Cowichan,
Province of British Colombia
Email: Sonia.Furstenau.MLA@leg.bc.ca
Mr. Robert Ages
Unist’ot’en Solidarity Brigade
Email: robertages@telus.net
Professor Aimée Craft
Faculty of Law
University of Ottawa
Email: Aimee.Craft@uottawa.ca
Follow Up Coordinator
UN Committee on the Elimination of Racial Discrimination (CERD)
Office of the United Nations High Commissioner for Human Rights (OHCHR)
Palais Wilson – 52, rue des Pâquis
CH-1201 Geneva, Switzerland
E-mail: ohchr-cerd@un.org
Mr. Francisco Calí Tzay
Special Rapporteur on the rights of indigenous peoples, OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneve 10, Switzerland
Email: indigenous@ohchr.org
Ms. Mary Lawlor
Special Rapporteur on the situation of human rights defenders
8-14 Avenue de la Paix
1211 Geneve 10, Switzerland
E-mail: defenders@ohchr.org
Mr. Surya Deva, Chair
Working Group on Business and Human Rights
Palais des Nations, 8-14, Avenue de la Paix. 1211 Geneva 10
Switzerland
E-mail: wg-business@ohchr.org
[1] United Nations, “What is the Rule of Law,” n.d., available at: https://www.un.org/ruleoflaw/what-is-the-rule-of-law-archived/.
[2] Lawyers’ Rights Watch Canada, “Canada’s international human rights law obligations to suspend construction of the Coastal GasLink Pipeline and stop use of force against the Wet’suwet’en.” Legal Brief. 17 March 2020, available at: https://www.lrwc.org/canada-legal-brief-international-law-wetsuweten/ or https://www.lrwc.org/wp-content/uploads/2020/03/LRWC.Legal_.obligation.to_.suspend.CoastalGasLink.17.03.20.F.pdf.
[*] ERRATA: The correct name of the UN treaty body is “Committee on Elimination of Racial Discrimination” (CERD). The sent version of the letter had an error in the name of the Committee.
