The Gitxsan Huwilp Government (GHG) is looking for Terrace's support in its ongoing campaign against the RCMP's Critical Response Unit - British Columbia (CRU-BC). Formerly called the Community-Industry Response Group (C-IRG), the unit was created to enforce supreme court injunctions in cases of civil unrest.
In a addressed to Terrace Mayor Sean Bujtas on Nov. 25, the Gitxsan asked for municipal support against "industry predators and the only militarized RCMP unit in Canada set up to 鈥榩olice鈥� Indigenous land issues."
The GHG sees the unit as a threat to their traditional lands, resources and way of life as they oppose another pipeline project that is proposed to cross their territory.
When the proponents of the project, the Nisga'a Nation and Western LNG, a Calgary-based energy company, started work on the project in August, the Gitxsan backed a blockade. There has been no police response to the blockade as yet and work has ceased for the year.
During a city council meeting on Nov. 25, Terrace City Council did not get into the matter as it is a provincial and federal issue.
"You may consider this a provincial or federal issue, but it begins in your municipalities where industry sets up with the assumption they will be able to trespass by using the courts and the RCMP to do their bidding," they wrote in the letter.
The Office of the Gitxsan Hereditary Chiefs attached the Gitxsan Doctrine to educate newcomers on the safety and food security of their people. It states that their land and fisheries tenures are owned by themselves and termed sui generis, a legal classification meaning "of its own kind." The doctrine also states the Gitxsan Huwilp Government has constitutional protection over their tenures.
CRU-BC
The RCMP's injunction response unit was created in 2017 with the intention "ensure a consistent, standardized and impartially administered police response across the province, using a measured approach in facilitating the peaceful resolution of public order issues."
"The BC RCMP acknowledges and respects the Gitxsan Hereditary Chiefs鈥� concerns about police enforcement of a Supreme Court Injunction on unceded Gitxsan territory," said Kris Clark, senior media relations officer for the RCMP's E-Divison.
"It is important to understand that enforcement actions by the Critical Response Unit-BC are considered to be a last resort as they are only undertaken once all other avenues to resolve conflict have been exhausted," he continued.
"When protests are peaceful, lawful and safe, there is no need for CRU-BC intervention but considering the violent attack on the Coastal GasLink site in February 2022, the need for police intervention was very clear," Clark said.
According to the RCMP, a group of around 20 masked individuals allegedly attacked security guards and employees at the site in February 2022, damaging equipment before they left.
The Carrier Sekani Tribal Council and elected council of the Wet'suwet'en First Nation condemned the alleged attack.
"We want everyone to know that the people of our First Nation do not support anyone who protests in this way," shared a Wet'suwet'en spokesperson in a statement in February 2022. "These protesters do not represent us, or our values and they are grossly misrepresenting our traditional laws and customs. This is not our way."
In March 2023, the Gitxsan Hereditary Chiefs banned the CRU-BC from entering their traditional territories, which the unit did not abide by.
A systemic investigation was launched into CRU-BC in March 2023 by the Civilian Review and Complaints Commission for the RCMP. It stemmed from 573 complaints related to three injunctions, 121 of which were accepted.
The main complaint categories included: neglect of duty, oppressive conduct, mishandling of property, improper attitude, improper use of force, improper arrest, policy and irregularity in procedure.
The injunctions in question were the Cooper Creek Cedar Ltd injunction on Salisbury Creek Forestry Road; Coastal GasLink Ltd injunction on Wet'suwet'en traditional territory and Teal Cedar Products Ltd injunction in the Fairy Creek watershed.
The investigation experienced significant delays in receiving relevant materials despite regular follow-ups and requests for updates.
Regarding the Fairy Creek injunction, the commission found the C-IRG "repeatedly acted unreasonably in claiming authority for invasive police powers like access control points and exclusion zones."
The Supreme Court of Canada similarly , "intrusive ancillary police powers in response to the mere possibility of an unlawful or disruptive act occurring in the future would allow profound intrusions on liberty with little benefit to society."
Regarding the complaint that officers removed their name tags, the commission large, simple codes to be worn front and back to identify officers, but they expect this problem to occur again.
Future of the PRGT pipeline
The environmental assessment for the PRGT pipeline expired on Nov. 25, 2024. The pipeline is currently awaiting a decision from the new B.C. minister of Environment and Parks 鈥� North Coast-Haida Gwaii MLA Tamara Davidson 鈥� whether a substantial start has been demonstrated or not.
The project could still go forward with a new certificate, but a new application would be assessed under the 2018 Environmental Assessment Act rather than the 2002 version, under which the project was originally assessed.
Matt Hulse, a staff lawyer for Ecojustice, said the 2018 regulations are more rigorous. He is representing a coalition of community groups and the Kispiox Band in a judicial review of the project filed in late August.
The process could also take two to three years and cost millions of dollars, Hulse added.
If it comes to that and the provincial government approves a new certificate, the Gitanyow Nation are prepared to challenge the decision in provincial court, according to a press release.
