#Human Rights
Target:
All First Nation, Metis, and Inuit Regional Leaders
Region:
Canada
Website:
www.westandtogether.ca

Hupacasath BC First Nation filed notice in federal court on January 18th, 2013 of their intention to make an application for an injunction to stop ratification on the basis that the government failed to honour its constitutionally mandated duty under section 35 of the Constitution Act to consult with First Nations peoples, the Métis and the Inuit when it negotiated the FIPPA with China.

Hupacasath, with only 300 people, is what is standing guard for sovereignty, is for everyone.

There are 1.6 million first nations, metis, and inuit peoples in Canada. We are proposing that if all or a majority of our leaders filed for an intervenor status to support this case, there is a greater chance for this FIPA China deal to NOT be ratified. The same situation apply's to rescinding the Omnibus Bills 45 & 38.

Words from Brenda Sayers, the spokesperson for the Hupacasath regarding this application, see: http://goo.gl/ojyDt

We, the First Nation, Metis, and Inuit people of Canada that represent 1.6 million, call on our leaders to file for 'Intervenor Status' for two reasons: 1) to stop the ratification of the FIPA China Deal and 2) to work to rescind the Omnibus Bills 45 & 38.

The government failed to honour its constitutionally mandated duty under section 35 of the Constitution Act to consult with First Nations peoples, the Métis and the Inuit when it negotiated the FIPPA with China and passed the Omnibus bills 45 & 38. This means that under our constitution, the FIPPA and the Omnibus Bills are invalid.

Much of the FIPA China Deal impacts our sovereignty over environmental laws and fresh water. Disputes of all kinds that might arise and which affect businesses and investments to the decisions of secret tribunals that are free to make up their own rules and whose decisions are final. There is no oversight by anybody that would be able to make unbaised decisions with a balance of the environmental concerns of resource development, it would strictly be profit based. This is unacceptable.

United Nations Convention on the Law of the Sea (UNCLOS), has been incorporated into Canadian domestic law. However, there is no mention of UNCLOS in the definition of Chinese territory, which refers to China exercising sovereign rights or jurisdiction over territorial air space and “any maritime areas beyond the territorial sea over which, in accordance with international law and its domestic law, China exercises sovereign rights or jurisdiction….” China currently has maritime territorial disputes with many of it Asian neighbors. The federal government, in its apparent wish to have a business and investment agreement with China at any price, is willing to acquiesce to aggressive bullying by China of other Asian nations in violation of the international Law of the Sea.

It is our best interest to unite and protect our rights, the environment, mother earth, our future generations, our sovereignty, and Canada's sovereignty by challenging the FIPA. This is as well, an opportunity to be leaders of a consolidated First Nation, Metis and Inuit Nation,and gain Canadian allies to protect our resources for our future children, then in turn, have a voice in the regulation and access of water and resources and a voice in the regulation of energy corporations activities to develop them. As it stands now, energy corporations can use as much water as they want with little to no control. For Example, there is no legislation to prevent corporations from trying to evict First nations, Metis or Inuit from their lands if they are in the way of "development".

We the original people’s of this nation are here to protect our land, natural resources, water, animals, children, future generations, mother earth and we should stand in solidarity together.

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The FN, Metis, Inuit Regional Leaders to ignite action: file for intervenor status petition to All First Nation, Metis, and Inuit Regional Leaders was written by Anita and is in the category Human Rights at GoPetition.