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Rainforest Flying Squad

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  1. The request cites 13 complaint against the RCMP’s Community-Industry Response Group (C-IRG) which has also been criticized for its conduct around protests in Wet’suwet’en territories. The below is from a press release by the groups involved. FOUR GROUPS ON AUGUST 10 submitted a request to Chairperson Michalaine Lahaie of the Civilian Review and Complaints Commission for the RCMP. They want the Chair to immediately initiate a public-interest investigation into the improper and unlawful actions by the RCMP’s Community-Industry Response Group (C-IRG) in the planning and execution of enforcement of a April 1, 2021 injunction in Tree Farm License 46 held by Teal Cedar Products Ltd. in the Fairy Creek area. “No one is above the law including police officers. When those who are meant to enforce laws consistently and flagrantly disobey the law we have to act,” says Keith Cherry, one of the submitters of the request. The groups submitting the complaint and request for an investigation include Elders for Ancient Trees, the Rainforest Flying Squad, Legal Observers Victoria and the Social Environmental Alliance. In total, 73 witness statements support the complaint, each with disturbing accounts of their experiences when facing the C-IRG unit officers. Thirteen unlawful Charter of Rights and Freedoms infringements are noted in the complaint such as: denying Indigenous people access to their territorial lands; blocking access to public roads outside the injunction zone; deploying excessive force against people engaged in non-violent civil disobedience; disregarding human rights and dignity; subjecting individuals to unlawful and unreasonable searches; unlawfully destroying personal property; denying access to legal counsel; interfering with access of members of the media; denying access to the necessities of life such as shade, water, food and sleep; discriminatory treatment on the basis of Indigenous status, ethnicity, gender, sexual orientation; arbitary detention without charge (catch and release); and, ignoring direct reprimands from the Supreme Court of British Columbia. “C-IRG’s conduct raises troubling questions about the rule of law that requires action by provincial and federal officials,” says Ben Isitt, a member of the legal team representing several witnesses. “BC’s Solicitor General, Mike Farnworth, is politically responsible for the operations taking place in areas without municipal police departments like Fairy Creek. The federal Minister of Public Safety, Marco Mendicino, is also responsible to ensure C-IRG operations and other RCMP operations are lawful and consistent with the RCMP Act and the Charter.” The C-IRG unit has faced criticism since its inception in 2017. It became Canada’s protection from what they defined as critical infrastructure (natural resource extraction projects). Although about 90 per cent of what is considered critical infrastructure is not publicly owned, it is owned by private corporations. Those who’ve submitted this request say that an investigation of the C-IRG is in the public interest. It will ensure that policing occurs in a manner consistent with the rule of law and respectful of Charter-protected rights and freedoms. They say the provincial and federal governments need to dismantle this violent CIRG unit and overhaul the RCMP stating that the C-IRG have simply become policing partners for corporations at public cost. “The C-IRG unit has shown a consistent and dangerous disregard for the rule of law,” says Cherry. “From the Transmountain Pipeline to Wet’suwet’en territories, from Fairy Creek to Argenta, C-IRG routinely violates the rights of Canadians and Indigenous peoples to secure the interests of corporations. Something has to be done.”
  2. July 22, 2021 Dear RCMP: Remember the letter the Rainforest Flying Squad sent you back in mid-May just as the RCMP enforcement at our camps began? Remember how we asked you to mind the lessons of your past, at both Wet’suwet’en and TMX, and how we pledged ourselves to uphold our commitment to non-violence? How we asked you not to target Indigenous members and to respect our right to peaceful protest? We kept our promise. You didn’t. Here we are now into our third month of enforcement still face to face with your paramilitary CIRG unit and the list of your infractions is long. In an astoundingly short period of time, you have amassed quite the rap sheet that includes, but is not limited to: Deliberate targeting of Indigenous youth in exclusion zones and subjecting them to rough treatment and intimidation during arrests. The use of exclusion zones despite the RCMP Commissioner’s direction that these zones are illegal. The use of personal searches despite the RCMP Commissioner’s direction that these practices are illegal. The use of access checkpoints despite the RCMP Commissioner’s direction that these practices are illegal. Denial of media access to enforcement zones. Refusal to allow RFS legal observers and police liaisons to do their jobs. Catch and release programs designed to intimidate people for such offences as refusing to abide by your imaginary exclusion zones. The use of threats of rubber bullets, tear gas and arrest to intimidate Indigenous and non-Indigenous defenders. Dangerous use of excavators while extracting human beings from sleeping dragons, causing one head injury and putting people’s lives at extreme risk. Refusal to provide safety helmets to defenders during these dangerous extraction practices. Dangerous use of grinders, cutting a woman’s finger. Illegal towing of private citizens’ vehicles on public roads far from the camps. Illegal practices of giving personal vehicles to Teal Jones to be held for unreasonable towing fees, along with personal items. Illegal stoppage of buses and legitimate tour operators. Deliberate failure to heed the enforcement order of Justice Verhoeven that allows public protest in the enforcement area. Confiscation of donations meant for camp defenders. And perhaps one of the worst offences: dragging a man by a bandana around his neck until he lost consciousness and kicking him in the head – this after the BC Supreme Court rendered the decision about your illegal actions. Surely, inflicting harm or death on peaceful protesters is against the law and your ethics. We thought your purpose is to serve and protect Canadians. Instead, you have used your paramilitary force of trained personnel, helicopters, tracking dogs, threats and intimidation with increasing brutality and harshness. We have noted the presence of officers previously engaged in harmful practices. We remind you that we are Canadian citizens, entitled to conduct peaceful acts of civil disobedience and bound by a Code of Conduct we take to heart and employ every day to protect our forests. On July 20, 2021, the BC Supreme Court confirmed the illegality of some of your actions, stating that the public has the right to access the Fairy Creek area, and that your geographically extensive exclusion zones and checkpoints are not justified. Also on this day, the BC Supreme Court ruled you cannot deny media the right to access the enforcement areas. To deny the media is to deny their ability to bear witness and document events in an impartial manner, one of the very foundational rights of our democracy. And just so we are perfectly clear, we will continue our peaceful protests as citizens, both Indigenous and non-Indigenous, of this country. In this time of increasing government and corporate partnerships that fail the public interest, we, as Canadian citizens, have a duty and a right to defend our forests. We remind you that we are standing for the old-growth forests on your behalf as well as that of your children. We ask you to think about how you wish to be remembered in the coming years. Regards, The Rainforest Flying Squad
  3. Rainforest Flying Squad statement in response to violations of the rights of Indigenous peoples, civil liberties, and human rights by RCMP in the Caycuse forest area, on Ditidaht First Nation Territory ARRESTS IN THE CAYCUSE EXCLUSION ZONE on Tuesday May 25 2021 and the various restrictions that have been placed on media, legal observers, local Indigenous peoples and the general public during RCMP enforcement actions are an illegal and extrajudicial use of force, according to legal representatives for the Rainforest Flying Squad. Lawyer Noah Ross, who represents the Rainforest Flying Squad says that “The RCMP enforcement zone actions arguably violate the civil rights—including the right to freedom of assembly and freedom of expression—of those seeking to protect old-growth forests. “This is further exacerbated by the fact that the lion’s share of the arrests in question were dropped, and led to no charges. “When the underlying issue is one of ecological health and colonial injustice, the RCMP and government should approach civil liberties violations cautiously, or they will be seen to stand on the side of industry and frontier colonialism,” Ross added. The so-called “exclusion zone” was enforced by armed checkpoints on public roads located on the traditional territory of the Ditidaht First Nation. On May 25th, about 45 people arrived at Caycuse to peacefully protest the wide and arbitrary exclusion zone established there by the RCMP, and to hold a vigil for the Ancient Forests. They included RFS members as well as many public supporters. Among these were a group of Indigenous youth from various nations, elders, and an individual who wanted to show her support for a few hours before returning to the bedside of a dying relative. One RCMP vehicle arrived on site and officers requested that the road be cleared or civil disobedience charges would be laid. This message was delivered over a loudspeaker but was not audible for many of the people who were present. Police liaisons approached the RCMP vehicle and requested to speak with members from the RCMP Division Liaison Team (DLT) to find out where peaceful protestors could go to continue their vigil. Instead of replying, 10-15 RCMP vehicles rapidly pulled up and, without prior warning, RCMP officers immediately began violently arresting people. They seemed to focus first on those wearing high-visibility vests, such as legal observers and police liaisons. At least 42 people present at the site of the Caycuse exclusion zone were arrested that day. After these first arrests at around 8:30 AM, RCMP officers corralled the others, and announced that every person remaining was also under arrest. All had been standing peacefully off the road. Some were detained in the corral until about 7:30 PM before being transported to Lake Cowichan RCMP station, without food or support for over 13 hours. The final arrestees were not released until 10:30 PM. The RCMP did not read the injunction to the people on the road. They did give a fair warning to withdraw from the road, and at the time arrests started, protestors were in the process of trying to learn where they should go to safely continue their vigil. Despite following orders to move, all present were arrested anyway. Clearly they were not in breach of the injunction. There appears to have been overt misconduct by the RCMP. Unjustified force was used on numerous individuals who were peaceful and in no way resisting arrest. As well, there are accounts that RCMP officers targeted and threatened Indigenous and BIPOC youth. One young woman of colour said an RCMP officer tried to rip off her hijab. Multiple others said they were threatened by police to have their piercings cut out. A small, 18-year-old police liaison cried out in pain when she was roughly grabbed by four or five officers and brought to her knees. She cried out “I’m a minor!” and was not resisting arrest. Without cause or reason, all vehicles belonging to the protestors were towed about three kilometres down the road. None of these vehicles were blocking the road. Protestors were told they could access their vehicles after their release but might have to pay Teal Jones for the cost of the towing. Over the past 10 days the RCMP have made approximately 104 arrests total in the Fairy Creek and Caycuse area. Fifty-four people were arrested but released without charges, and another 50 people have been charged for civil contempt of court and/or obstruction of justice. Individuals have been detained for 13 hours or more before release, yet almost all arrestees have been released without charges. The exclusion zone was set up on May 17th, 2021. It preceded the enforcement of the injunction at the Caycuse Forest Protection camp the following day. At that time, forest defenders on site were given 24 hours to leave even if they were not blockading or violating the terms of the injunction in any way. DLT officers informed them that anyone remaining on site at the time of enforcement -- including Indigenous peoples on their own territory, media, legal observers, police liaisons, medics and witnesses -- would be arrested if they chose to stay. The RCMP stated that this exclusion zone is justified: "The primary concerns of the police are public safety, police officer safety, and preservation of the right to peaceful, lawful and safe protest, within the terms set by the Supreme Court in the injunction." However, Ross states that the exclusion zone is not in keeping with the geographic scope and terms of the April 1st, 2021 Injunction Order given by Justice Verhoeven, which specifically allows for peaceful protest within the injunction area. He adds that “the Injunction stipulates that only those directly interfering with logging activity, or within 50 metres of company equipment, are subject to arrest.” Limiting public access to the injunction area directly undermines the safety of those peacefully protesting within the exclusion zone. They are left vulnerable and without witnesses. “The RCMP has repeatedly announced to the media and public that there was no planned enforcement on a given day, and used this to deny access for everyone including members of the press -- while proceeding to enforce the injunction and make arrests,” Ross said. At the checkpoint on both days of action, the RCMP arbitrarily moved the exclusion zone line, with the effect of criminalizing peaceful public protest and severely limiting press freedom. Furthermore, RCMP ignored reports of logging activity within very unsafe distances from forest defenders who were still on site. Finally, the RCMP denies access for Ditidaht and Pacheedaht First Nation members to large parts of their unceded territory without free, prior and informed consent or a clear and properly communicated plan to facilitate their entry into the so-called exclusion zone. “The fact that, at the same time, the RCMP actively enables industry to inflict further violence on the land speaks clearly to the state’s complicity in ongoing colonialism,” said Elder Bill Jones, a member of the Pacheedaht First Nation. Jones has welcomed the Rainforest Flying Squad and its supporters to help him protect the old-growth forests at Fairy Creek since last August. These concerns are shared by a number of other groups, including a coalition of media and the Canadian Association of Journalists which is initiating their own court challenge. On May 20th, the BC Civil Liberties Association released an open letter condemning the Caycuse exclusion zone. The RCMP was censured in 2019 by its internal Civilian Review and Complaints Commission (CRCC) for the use of exclusion zones on Wet’suwet’en and Elsipogtog territory (see here for a link to a recent Ricochet news publication regarding this issue, and here to a link to the letter from the CRCC). In a statement, The Canadian Association of Journalists also called on the courts to limit the powers of the RCMP in granting injunctions in order to protect the freedom of the press.
  4. THIS PAST WEEK the Rainforest Flying Squad has been faced with a choice: “We can be complicit in the pressure exerted by government and industry to exploit ancient territorial land for profit,” Glenn Reid says. “Or we can continue to support Indigenous peoples as they assert their right to defend unceded territory and their ancient relatives - the forests.” As Kati George-Jim says: “Uncle Bill is not an activist. He is a sovereign person asserting his Aboriginal rights, and upholding his responsibilities to future generations.” The blockades still stand while organizers pause to understand the forces at play and to consult with Indigenous peoples on the territory. Last year, RFS began the blockades to protect these precious ancient forests that are at imminent risk. Over months of sharing time with elder Bill Jones, who has asked us to stay on his traditional territory to help defend it, we are learning more about the deep-rooted, complex oppression of Indigenous peoples that continues to this day. Jones and George-Jim explain that when reserves were created, Indigenous people were forced to live on a tiny fraction of their original traditional territories - or even on the territories of other peoples. The longhouses that had been central to economy, culture, and spirituality were replaced by settler-style housing that imposed nuclear-family life. The band council system was also imposed. It eroded and displaced the role and value of women. It unbalanced power in favour of males, which set them up to be coerced by government and industry to allow exploitation of the land. And the same violence continues today. Systems and structures set in place at the beginning of colonization are still enforced. Indigenous peoples and societies are seen as standing in the way of settler, industrial and government use of unceded lands. Freedom to live a life true to traditional cultures and laws - free from oppression - is a promise that has never been honoured by B.C. or Canada. “Colonialism is based on separating our peoples from our lands by putting them on reserves, for example, using genocide and assimilation,” George-Jim says. “These structures attack Indigenous societies by legalizing violence against women, children, and the land. They go against the foundations of who we are as Indigenous peoples.” Jones and George-Jim explain that reserves do not represent traditional Indigenous territories. The Crown’s duty is not fulfilled by consulting solely with band councils. And consultation alone is not consent. The Crown is responsible to gain consent from all title holders without coercion. Without real consent, resource extraction directly infringes on Aboriginal title and rights. Cultural practices and Indigenous food sovereignty are not possible on destroyed land. Both federal and provincial governments have a legal requirement to consult all Indigenous peoples affected by proposed projects. Governments exert pressure on band councils in order to further their own ends. Industry benefits from the failure to consult by both levels of government. Provincial and federal governments, along with industries, offer “benefit carrots to the political elite,” Jones explained, to entice them into coercive agreements. “We are being choked out.” “Indigenous peoples are forced into the extractivist economies because of the entrenchment of poverty, where the only way out of poverty is to surrender their inherent rights and responsibilities." says George-Jim. Tragically, in the process Indigenous traditional values, worldviews and ecological land stewardship (ie. Indigenous governance) are sacrificed for short-term profit. So-called ‘mutual benefit agreements’ or ‘revenue sharing agreements’ are actually coercive tools used by government and industry. They are designed to force Indigenous agreement. These agreements gag dissent and bind participants to non-interference clauses. “These agreements are accepted as legal,” Jones added. “But they ignore the rights and privileges of the band membership.” “There is no power to say yes or no to the actual decision. If bands disagree with a project, like old-growth logging or pipelines, they are basically surrendering their right to be consulted,” George-Jim explains. The end result is predetermined, inevitable, and outside of Indigenous control. Although the BC government passed the Declaration on the Rights of Indigenous Peoples Act, it has yet to put Indigenous rights first in situations where that would halt exploitation in traditional territories. “It is a colonial deceit to selectively recognize Indigenous leaders when it benefits industry, under the guise of reconciliation,” Jones said. We are learning to understand the laws of the land and be accountable to them. For all of the above reasons, RFS feels we must stand behind Pacheedaht Elder Bill Jones and other Indigenous people to protect the old-growth forests. The old-growth forests hold the spirit of the land, the integrity of the waterways, and all beings that live in or among them. We pledge to help defend these irreplaceable ancient relatives until they are protected forever. We hope you will join us. “We have to be protectors and custodians of our earth,” Bill Jones said. “We are losing our inheritance. We are being stripped of all our value of selves.” The Rainforest Flying Squad is blockading attempts by Teal Cedar Ltd to cut old-growth forests in TFL 46, which overlaps with Pacheedat territory. This comment was written in collaboration with Bill Jones and his niece, xʷ is xʷ čaa (Kati George-Jim).
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