Keith Doucette · The Canadian Press ·
Original Article
Mi’kmaw leaders say they were given no notice before bill was introduced
The Nova Scotia government’s proposed move to make it illegal to block forest access roads on Crown lands is being dismissed as heavy-handed and an attempt to ignore Mi’kmaw rights.
Several presenters spoke out in opposition Monday during an appearance before the legislature’s public bills committee hearing on the Protecting Nova Scotians Act.
The omnibus bill includes one new piece of legislation and amends seven other acts, including the Crown Lands Act. The changes to the act would impose a $50,000 fine and/or six months in jail for protests or individuals who ignore protest camp removal orders.
Michelle Paul, a Mi’kmaw water protector and land defender, told the committee that the bill was written without consultation or consideration of treaty rights and should be withdrawn.
“It’s not lost upon us that this bill is being rushed through on the eve of Treaty Day and the National Day for Truth and Reconciliation,” said Paul. “This government has shown a disregard and a lack of respect to push this through during this time.”
Paul said the law shouldn’t be aimed at demonstrations such as the ongoing one at Hunters Mountain in Cape Breton, where she said people are simply concerned about the local ecosystem and moose population. Since early September, a group of Mi’kmaq have been stopping traffic at the site, located at the entrance to the Cape Breton Highlands.
“This move attempts to remove our land protectors from their rightful place to protect these lands and waters that our ancestors lived upon,” Paul said.
Natural Resources Minister Tory Rushton has said the move was made at the request of conservation officers and isn’t meant to stifle protests over logging. He said the legislation is aimed at the safety of all people who travel in and work in the woods.
But late last week, the Assembly of Nova Scotia Mi’kmaw Chiefs issued a statement critical of legislation it said was done without prior notice or discussion.
“This should be a time for greater trust-building with the Mi’kmaq, not escalating tensions and aggressive enforcement action,” the chiefs said.
Paul’s written submission to the committee said the exclusion of treaty recognition in the act’s changes is a “serious legal and moral omission,” making it deeply flawed.
The Nova Scotia government is facing blowback on a bill that would make it illegal to blockade some Crown land. It comes as a Mi’kmaw blockade of forestry roads in Cape Breton is ongoing. Taryn Grant reports.
Tuma Wilson, a professor at Acadia University who is at the Hunters Mountain demonstration, said Mi’kmaq have an inherent right to be on the land.
“If anything, the Crown Lands Act should be amended to reflect the fact that it is our land and that we work in tandem with you to protect it,” said Wilson.
Leitha Haysom, a former councillor with the Municipality of the District of Lunenburg, told the committee that any move that would criminalize peaceful protest is “dangerous and destructive.”
“The move to shut down engagement and interaction with the government is a very odd choice,” said Haysom. “The message it sends about how the province interacts with its citizens about our shared resources is chilling.”
Haysom also dismissed the government’s safety argument, calling it “disingenuous at best.”
“If safety were the main concern … the obvious choice would be to pause (logging) operations while protest is taking place,” she said.
Haysom said if the government believes the changes are necessary, then it should remove them from the omnibus bill and have them stand alone in separate legislation.
“Why not engage in meaningful discussion about the management of our forests, clearly Nova Scotians are crying out for this opportunity,” Haysom said.