iPolitics reports, “It’s looking increasingly likely that the Canada-China Foreign Investment Promotion and Protection Agreement (FIPA) will get its day court. Friday (January 18) marked the next step in the Hupacasath First Nation’s legal challenge to the investment treaty — they’re joined by the Chiefs of Ontario and the Union of BC Indian Chiefs in arguing the Harper government’s failure to fulfill its constitutional obligation to consult them. Mark Underhill, a lawyer from the Vancouver-Victoria law firm Underhill, Boies Parker — which is representing the Hupacasath — confirmed by email that a notice of application was filed Friday in federal court in Vancouver.”
The Canadian Press adds, “In documents filed with the court in Vancouver, the Hupacasath First Nation said the Canada-China Foreign Investment Promotion and Protection Act, or FIPPA, would gut its aboriginal right to resources subject to foreign investment. Councillor Brenda Sayers said the band is seeking the injunction because Chinese investors would ultimately control major assets such as coal on its 232,000-hectare territory. She said extraction of resources by foreign firms would strip negotiating powers for First Nations such as hers, which are involved in the treaty process. ‘Some modern treaties negotiated with British Columbia and Canada address Canada’s obligation to consult prior to entering into international agreements which may affect treaty rights,’ the notice of application says. ‘The government proceeded without any input from First Nations, or Canadians for that matter, so this isn’t just a First Nations fight. It just so happens that First Nations are one of the parties that can stop the FIPPA,’ Sayers said.”
The Georgia Straight notes, “The Port Alberni-based First Nation is seeking a declaration from Federal Court that Canada must consult with First Nations before the deal becomes binding. It is also seeking an injunction to stop the treaty from being ratified until consultations are held, a lawyer representing the First Nation said.”
The Union of B.C. Indian Chiefs, the Chiefs of Ontario and the Serpentine River First Nation in Ontario are also supporting the legal challenge.
With respect to this issue, Council of Canadians chairperson Maude Barlow has stated, “The federal government has not acted with due diligence and have clearly not fulfilled constitutional obligations they have to either First Nations or the provinces. These obligations must be met before ratifying something that will give 31 year access to the resources in a way that could undermine Indigenous rights and the environment. For Stephen Harper to rush this ratification through behind closed doors would be completely unacceptable.”
Leadnow.ca has been able to raise $30,000 to pay for the legal fees for this case, while the Council of Canadians has contributed $2,500 directly to the case and encouraged its members to support the challenge against the Canada-China FIPA, http://canadians.org/blog/?p=18699.
For campaign blogs on this legal challenge, please see http://canadians.org/blog/?s=Hupacasath.
