October 16, 2014 Premier Wen Jiabao The Peoples Republic of China [email protected] Fax: (8610)630700900 Ambassador Zhang Junsai The Peoples Republic of China to Canada 515 St. Patrick Street, Ottawa, ON K1N 5H3 Fax: +16137891911, 7891414 [email protected] Prime Minister Stephen Harper Office of the Prime Minister State of Canada 80 Wellington Street, Ottawa, ON K1A OA2 Fax 613-941-6900 RE: Canada-China Foreign Investment Promotion and Protection Agreement (FIPPA) Dear Premier Jiabao, Ambassador Junsai and Prime Minister Harper The Union of BC Indian Chiefs fully denounces the Canada-China Foreign Investment Promotion and Protection Agreement commonly referred to as FIPPA. We fully support the Hupacasath First Nation in their stand against FIPPA through their legal challenge which was based on their Aboriginal Title and Rights as recognized in section 35 of the Constitution Act of Canada. As you may be aware, Canada has the duty to consult and seek consent where a potential decision or development may impact the Title and Rights of a First Nation. With respect to FIPPA, this consultation requirement was not fulfilled by Canada. For your reference, s. 35 reads as follows 35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. Recently, the Supreme Court of Canada in the Tsilhqotin Nation v. British Columbia decision determined that Aboriginal Title does exist and with Aboriginal Title comes the power to decide how the land will be used and managed and the rights to enjoyment, occupancy, possession, and to the economic benefits of the land. The federal and provincial governments in Canada are now required to obtain the consent of First Nations for development on their territories. Where a First Nation has not yet proven title, the Court has said that Canada is well advised and encouraged to obtain the consent of those First Nations. Hupacasath First Nation launched their court action on FIPPA in order to protect their Title and Rights. In June of 2013, Hupacasath First Nation presented its legal argument to the Federal Court of Canada challenging the ability of Canada to ratify FIPPA without consulting and accommodating Hupacasath First Nation. The court ruled in favour of Canada. Subsequently, Hupacasath First Nation appealed the decision and arguments were heard on June 10, 2014 at the Federal Court of Appeal. The Court reserved its decision at the conclusion of the hearing. While this litigation was still being considered by the Court, the Federal Government of Canada ratified FIPPA on September 12, 2014. They did so without any notice to Hupacasath First Nation or other potentially impacted First Nations. The Union of BC Indian Chiefs believes that the Federal Government of Canadas actions are entirely inconsistent with the Honour of the Crown, the current legal reality within Canada and an affront to the authority of the Canadian Courts. Without waiting for clarification from the courts of Canada on its obligations to First Nations and their constitutionally protected rights, the Government of Canada has created a needless situation of conflict which creates considerable uncertainty for the Peoples Republic of China. The manner in which FIPPA was ratified has engendered increasingly strong opposition from First Nations and Canadians across the country, and has served to embroil the Peoples Republic of China in a domestic dispute. This dispute will take the form of resistance from many other First Nations to any resource development on our Title lands. Opposition will manifest itself in regulatory processes, court cases, and the defense of our lands on the ground. On behalf of the UNION OF BC INDIAN CHIEFS Grand Chief Stewart Phillip President Chief Robert Chamberlin Vice-President Kukpi7 Judy Wilson Secretary-Treasurer Cc Honorable David Johnston, Governor General for Canada Honourable Christy Clark, Premier of British Columbia Ghislain Picard, National Chief of Assembly of First Nations Nuu Chah Nuulth Tribal Council Hupacasath First Nation The UBCIC is a NGO in Special Consultative Status with the Economic and Social Council of the United Nations UBCIC News Releases can be found here.
Posted on: Fri, 31 Oct 2014 02:08:12 +0000