Now, the authorities have no excuse:
“A British Columbia Supreme Court judge has granted the City of Burnaby an injunction forcing pipeline protesters to take down their camp outside a Kinder Morgan terminal. Justice Geoffrey Gomery said all structures, shelters and vehicles must be removed from the site known as Camp Cloud within 48 hours of the order issued on Friday afternoon.
“The judge also ordered that a sacred fire burning under very dry conditions and near a Shell aviation fuel tank farm must be extinguished. However, peaceful protesting is still permitted, he said. Individuals are allowed on the site as long as they do not build more structures and camp overnight.
“No one appeared in court on behalf of the protesters, although half a dozen supporters watched proceedings from the gallery. In his judgment, Gomery noted that an argument based on aboriginal title claims could have in principle qualified. However he said the position the protesters have advanced through media on that subject, so far as he understands it, is not arguable.
“There is no evidence the individuals are associated with the Squamish {a ‘nation’ of 4,273 people} or Tsleil-Waututh ‘First Nations’ {a ‘nation’ of 597 people}, which claim rights to the land in question, he said.
“Gomery also said he believed the focus of Camp Cloud has shifted over time.
“It is unfortunately clear that the goals of the defendants and occupants of Camp Cloud have evolved. While they established the camp for the purpose of protesting the Kinder Morgan pipeline expansion, they’ve now begun to view the campsite as their land. They’re blocking a public right of way and members of the public have been made to feel unwelcome,”
he said.
“One protester threatened to “drop kick” and “kill” a fire official, and an official from the parks department was chased away, he said.
“Camp Cloud has grown since November from a single trailer to include a two-storey wooden structure, a cabin, an outdoor shower, more than a dozen tents and multiple vehicles and trailers. City of Burnaby lawyer Gregory McDade told the judge that while the city supports peaceful protests, the camp violates several bylaws, trespasses on city property and constitutes a public nuisance.
“The city has had a positive dialogue with a separate protest group that gathers around a structure known as the Watch House, he said. McDade said when the city communicated the fire ban to the Watch House protesters, they conducted a ceremony and extinguished their own ‘sacred fire’.
“Camp Cloud spokeswoman ‘Kwitsel Tatel’ {Patricia Kelly}, who is named as a defendant, said in a statement that putting out the ‘sacred fire’ or removing any of the camp’s buildings would be a violation of not only the right to free expression, but also deeply-held religious beliefs. She posted a “call for solidarity” on Facebook, hours before the ruling.
“Our camp is unified and centred around the ‘sacred fire’, which since ‘time immemorial’, has been central to the governance of ‘indigenous’ peoples”,
the post said.
“We are a peaceful coalition that is gravely concerned for the national interest {Lol…}, respect {You’ve shown none}, dignity of public interest, public health and the protection of safe and clean water for all our generations to come on these ‘sacred lands’ of ‘so-called’ Canada.”
{Actually, it’s ‘so-called Turtle Island’…}
“She said the group is raising awareness about the “ecocide and genocide” that is continuing to take place against ‘indigenous’ and non-‘indigenous’ peoples, due to ongoing threats to water.
“Asked what she would do if the judge ruled in favour of the city, ahead of the ruling, she said only:
“Good question for all ‘Canadians!”
–‘Judge approves eviction of protesters from camp near pipeline construction site’,
Amy Smart, Canadian Press, August 10, 2018
“The City of Burnaby is asking for a court order that would allow officials to remove all structures and extinguish the ceremonial fire at the anti-pipeline protest encampment across from Kinder Morgan’s Burnaby Mountain property. The move comes a week after the city issued a notice of eviction on July 18, giving Camp Cloud residents 72 hours to vacate the encampment.
“Last week, Kwitsel Tatel, a member of the Sto:lo ‘Nation’ and a spokesperson for the camp, said the group had no intention of leaving its encampment, which is built upon unceded Coast Salish lands.
{The member ‘nations’ of the Sto:lo ‘Nation’:
–Aitchelitz Band, {42 people}
–Leq’ a: mel ‘First Nation’, {a ‘nation’ of 425 people}
–Matsqui ‘First Nation’, {a ‘nation’ of 264 people}
–Popkum Band, {12 people}
–Shxwhá:y Village, {433 people}
–Skawahlook ‘First Nation’, {a ‘nation’ of 91 people}
–Skowkale ‘First Nation’, {a ‘nation’ of 266 people}
–Squiala ‘First Nation’, {a ‘nation’ of 221 people}
–Sumas ‘First Nation’, {a ‘nation’ of 341 people}
–Tzeachten Band, {544 people}
–Yakweakwioose Band, {74 people}}
“Tatel, who previously won a lengthy court battle protecting her right to fish in Sto:lo territory, told the Star it could violate her Charter rights if Camp Cloud is evicted.
“We are practising our sacred and ceremonial ways,”
she said then.
“In response to Burnaby’s application to the B.C. Supreme Court Thursday, Tatel said she plans to write to Queen Elizabeth and ask for third-party adjudication of the city’s eviction notice. She wants Burnaby to “back off” until then.
“While the city said Camp Cloud has become unsafe, Tatel said the real concern is the diluted bitumen.
“This is the Titanic going down and aboriginal peoples are blowing the whistle”,
she said Thursday evening at the Vancouver Convention Centre where the Assembly of ‘First Nations’ wrapped up its annual general assembly the same day.
“The remaining 75 whales depend on each of us to stand up for them”,
she said, as do the bears and the “natural fish stocks”.
“The Camp Cloud residents and guests to the encampment are protesting the Trans Mountain pipeline expansion project, which would essentially twin the existing 1,100-kilometre pipeline…
“Burnaby city manager Lamber Chu said the city’s main concern is the expanded footprint of the camp and what he called unsafe structures, including a wooden carver’s cabin.
“Our intent is to remove the unlawful structures; we’re not there to restrict people who just want to protest the Kinder Morgan project”,
he said. Daytime protests would still be ‘welcome’ {by the Leftist mayor and City Council; not by Kinder Morgan} at the site.
“Chu said the city has tried to get Camp Cloud to co-operate with the bylaw notices, but the occupants “continue to show defiance”.
“We basically were left with no other choice but to seek a court order to allow us to enforce the bylaw”,
he said, noting that while the city does have the power to remove structures, it doesn’t have the power to remove people who may be obstructing that work without the court order {???}.”
–‘Burnaby seeks court order to evict Camp Cloud’,
AINSLIE CRUICKSHANK, StarMetro Vancouver, July 26, 2018
https://www.thestar.com/vancouver/2018/07/26/burnaby-seeks-court-order-to-evict-camp-cloud.html
“The City of Burnaby has issued an eviction notice to the ‘Camp Cloud’ {pipeline} protest camp outside the ‘Trans Mountain’ tank farm on Burnaby Mountain. The notice is ordering campers to immediately take down the entire camp, including trailers, wooden structures, a shower and a two-storey carver’s cabin currently under construction.
“The city has been unsuccessful in bringing the camp under compliance, as it continues to violate multiple bylaws, according to the notice. The notice also says dogs must be “leashed and properly supervised“.
“The right of protest cannot be exercised in a way that is in conflict or breach of the City of Burnaby’s bylaws, or that causes a public nuisance to the residents of nearby neighbourhoods,”
reads the eviction notice.
“City manager Lambert Chu said requests for campers to snuff out a ceremonial fire have become more urgent, now that there is a fire ban in place. He said the city is seeking legal advice to determine what it can do to enforce the eviction notice. Chu said he is unsure if and when the Burnaby RCMP would be called in to forcibly remove protesters {???}…
“The notice demands that campers comply immediately with the demands and, Chu said, there will be “follow-up enforcement measures” 72 hours after it was issued (Saturday morning).
“Earlier this week, Mayor Derek Corrigan told the ‘Now’ that the city was readying to crack down on Camp Cloud.
“This has gone far beyond simply peaceful protest to a point where people in the community, justifiably, have had enough,”
he said.
“Kwitsel Tatel, the camp’s court monitor, said she and her fellow protesters would not be leaving the site at the corner of Shellmont Street and Underhill Avenue.
“I will not be complying with this eviction notice because the City of Burnaby has no jurisdiction over myself, as an ‘indigenous’ {hunter-gatherer} and unceded Coast Salish woman,”
she said.
{This foolish woman is a Canadian citizen on Canadian territory, and is bound by Canadian law. In addition, it is land that is “unceded”, not people. Maybe she should do some reading…}
“Police were on scene this morning to keep the peace when bylaw officers gave the notice to campers, according to an RCMP spokesperson.”
–‘City of Burnaby issues eviction notice to pipeline protest camp’,
Kelvin Gawley, Burnaby Now, July 18, 2018
Letter to the Editor:
“We have lived on Burnaby Mountain in the Forest Grove area for 33 years. Our concerns about the protests taking place in our community are numerous. We fear the unsightly encampment on Shellmont Street near the ‘Kinder Morgan’ entrance will remain long after the current political problems are solved. This encampment certainly has the appearance of a homeless camp.
“The tents have multiplied, along with numerous permanent structures. One of the wooden buildings is two storeys, sporting windows and even a rooftop deck with lawn chairs. There are large piles of debris and building materials, and wood smoke is often witnessed.
“How safe are we from their fires here on a heavily-forested, densely-populated, dry mountainside? How long will it be before there is a serious traffic accident?
“We are concerned that it appears Burnaby is allowing people to camp at the sides of field 2000, the community’s playing field, well-used by Forest Grove Elementary School. A permanent structure that seems to be housing individuals has also been erected north of Forest Grove Park children’s playground. Are these safe situations for our children?
“We want action taken to make our community safe and beautiful once again. Our laws should be upheld, and this encampment and all other structures removed. If this situation were within metres of the mayor’s home, would he be so dismissing of our concerns?
“We feel powerless against this onslaught. We do understand the protesters’ need to get their message across, but they have crossed many lines in our family community and are rapidly losing support.”
–Carolyn Carpenter and Duke Shoebottom, Burnaby
Burnaby Now, July 18, 2018
“Since November 2017, Camp Cloud has grown from a single trailer to an elaborate encampment of tents and wood structures providing homes, a kitchen, a shower and a ‘safe space’ for opponents of the Trans Mountain pipeline expansion project.
“And the encampment continues to grow, as protesters erect a two-storey carver’s cabin on the side of Shellmont Street near the entrance to Kinder Morgan’s tank farm on Burnaby Mountain.
“Mayor Corrigan said the camp has refused to comply with informal requests from the city to snuff out a ceremonial fire and cease construction of permanent structures.
“There’s been virtually no effort to comply,”
he said.
“This has gone far beyond simply peaceful protest to a point where people in the community, justifiably, have had enough.”
“In May, residents of the surrounding Forest Grove neighbourhood presented a petition at a council meeting asking the city to remove the camp. The 175 signatories complained about Camp Cloud’s effect on traffic and potential safety hazards. In recent weeks, several locals have written to the NOW complaining about the camp…
“Corrigan is seeking legal advice on how to deal with the situation… Corrigan said it’s not clear what powers the city has to enforce its bylaws, but he is willing to go to court.
“I don’t think we’re prepared to tolerate the present situation there any longer,”
he said.
“But campers are digging in and building up, despite the new rhetoric from city hall.
“Johnny Lee, a Nehiyaw Cree man from Edmonton, said he is leading the construction of the carver’s cabin… The building will include a loft and a deck on its roof, which will act as a stage for concerts and may include a screen for movie nights and karaoke, Lee said. He said discussions with representatives of the City of Burnaby who have visited the camp have been cordial, but he has flatly refused to comply with their requests.
“They give us trouble about a carver’s cabin because we don’t have a permit?”
he asked.
“We’ve got to pay the system for us to live our lives and build our own shelters and whatnot? No, I don’t think so.”
“He also said the fire that burns continuously in the camp won’t be snuffed out, despite a fire department request.
“That sacred fire isn’t going out for nobody unless our matriarch says so,”
Lee {arrogantly} said.
“Lee said most neighbourhood residents he has spoken to have been supportive, while others have hurled verbal abuse.
“I’m not particularly happy with them being here,”
said Lee.
“How many centuries of ‘colonization’ {‘modernization’} and ‘raping of the land’ {farming, forestry, mining – staples of modern civilization} and the oppression of the ‘indigenous’ people? To those people, I say, ‘Tough luck’.”
“Corrigan said the attitude at ‘Camp Cloud’ stands in stark contrast to the ‘Watch House’, a few hundred metres away. The cedar longhouse was built in the nearby woods in March under the leadership of Will George. George said he complied when the city asked him to extinguish his own ceremonial fire and he is under strict orders from his Tslei-Waututh elders to hold his protest in a “peaceful way”…
“The Burnaby RCMP’s operations officer, Supt. Chuck McDonald, said there have been few calls to the ‘Watch House’, while there have been more incidents at ‘Camp Cloud’, including mischief and an assault on a police officer…”
–‘Pipeline protesters defiant, as mayor promises crackdown on Camp Cloud’,
Kelvin Gawley, Burnaby Now, July 17, 2018
http://www.burnabynow.com/news/pipeline-protesters-defiant-as-mayor-promises-crackdown-on-camp-cloud-1.23371237
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See also:
‘Inevitable Backlash’ (Eviction of Illegal Protesters) {August 8, 2018}:
When the authorities irresponsibly refuse to do their jobs and enforce the law, they force citizens to take matters into their own hands:
“A pro-pipeline ‘vigilante’ group organized by a Calgary-area man intends to step in and remove the Camp Cloud protest site if legal efforts by Burnaby, B.C., to do so, fail…”
https://endracebasedlaw.ca/2018/08/08/inevitable-backlash/
‘Time To Face The Consequences‘ (Burnaby Sentencing) {July 31, 2018}:
“This morning in BC Supreme Court, Justice Kenneth Affleck sentenced 70-year-old {illegal protester} grandmother and {self-proclaimed} ‘Water Protector Laurie Embree of 108 Mile Ranch to 7 days in jail for blocking the gates at Kinder Morgan’s Westridge Marine Terminal in June.”
https://endracebasedlaw.ca/2018/07/31/time-to-face-the-consequences/
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