After court loss, Elsipogtog braces for SWN's return - APTN National NewsAPTN National News

After court loss, Elsipogtog braces for SWN’s return



Sockandburkcourt

(Elsipogtog lawyer T.J. Burke (left) stands next to Elsipogtog Chief Aaron Sock. APTN/Photo)

By Jorge Barrera
APTN National News
FREDERICTON–There were tears outside a courtroom in Fredericton Monday after a New Brunswick judge ruled against Elsipogtog First Nation which was seeking an injunction to stop a Houston-based energy company from continuing its controversial shale gas exploration work north of the community.

Weeping supporters hugged Elsipogtog Chief Aaron Sock after Justice Judy Clendening handed down her ruling, effectively clearing the way for SWN Resources Canada to continue the last phase of its shale gas exploration work about 46 kilometres north of the Mi’kmaq community.

“I think we’re still in shock, we’re nervous and scared about what’s going to happen,” said Judie Miksovsky, from the St. Mary’s First Nation Maliseet community near Fredericton.

Elsipogtog was seeking to convince the judge to issue the temporary injunction against SWN arguing the province had failed to consult properly and that a conflict, echoing the heavily armed RCMP raid on Oct. 17, loomed on the horizon.

Clendening, however, found that Elsipogtog failed to adequately make its case.

“In my view and at this stage, and without any real evidence of the irreparable harm that may be occasioned on (Elsipogtog), it is apparent that SWN is suffering monetary losses,” said Clendening. “There is no evidence of the degree of harm to (Elsipogtog) that is related to the Crown’s request to consult.”

Clendening also dismissed Elsipogtog’s argument that a violent conflict loomed on the highway if the company was allowed to continue its work.

“The respondents (SWN, the province) are not inciting this reaction and there is no evidence that the respondents will interfere with a peaceful protest,” said Clendening, in her oral ruling. “The threat of radical elements converging is not a reasonable factor to be considered. SWN needs to complete this phase of the work and there is no evidence that the consultation and accommodation cannot be recommenced between the Crown and (Elsipogtog).”

SWN has faced months of protests and blockades from a persistent opposition of Mi’kmaq people from Elsipogtog and sister communities who are supported by Acadians from surrounding communities. The Mi’kmaq-led opposition fear shale gas exploration will eventually lead to hydraulic fracturing, or fracking, threatening the area’s water.

Mi’kmaq-led demonstrators have twice turned back SWN and its contractors on Hwy 11, which is the last area where the company wants to conduct shale gas exploration before winter. They have vowed to stop SWN at all costs and have set up a camp just off the highway.

On Oct. 17, heavily armed RCMP tactical units descended on an anti-fracking camp on another highway called Route 134 which was blocking SWN’s vehicles in a compound owned by JD Irving Ltd. The RCMP arrested 40 people and seized three rifles, ammunition and crude explosive devices in an operation that lead to a day-long clash with Elsipogtog residents. Several RCMP vehicles were also torched in the melee.

Chief Sock said he hoped violence could still be avoided.

“I just hope and pray that it remains peaceful,” said Sock.

Sock said there was little he could do to stop the violence if it flared.

“I am just one man, I can’t really commit to anything,” said Sock.

Elsipogtog has pulled out of the Assembly of First Nations Chiefs of New Brunswick (AFNCNB) over the ongoing controversy surrounding SWN’s exploration work. The AFNCNB was named in the band’s application for the injunction. The band argued that the AFNCNB had failed in its delegated duty to act on behalf of the community in the consultation process.

AFNCNB’s lawyer Kelly Lamrock said the organization did not oppose the injunction. He said the judge’s ruling came with a lesson.

“Take all that opportunity to build evidence and then take your shot in court, because if you are going to take a shot at the government in court, don’t miss,” said Lamrock.

Back in Elsipogtog and at the anti-fracking camp, many waited nervously for the judge’s decision. They know the people will again be out to stop SWN’s machinery on the highway.

“Profits over lives is the rule of law now,” said Brian Milliea. “Our people have been put on crosshairs now.”

And at the campsite, people were preparing for the return of SWN.

“We will still be out there until it stops,” said one of the warriors at the camp.

jbarrera@aptn.ca

@JorgeBarrera

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  • Guest

    as usual what is considered legal is not really what is good for Canadians or Canada!all over the world there are protests about fracking with good reason.problems include contaminated water,poison gas emissions all sorts of health issues and still the oil companies and governments put profits ahead of health(nothing new eh Harper) the problem is there is so much going on that when we screw up the water table this time it will be widespread. what will it take ?well

  • samantha

    “If the CEO’s of companies had to live within 5 miles of their industries, I
    wonder if they would care more about how that industry effects the local
    environment.”

  • samantha

    “In my view and at this stage, and without any real evidence of the irreparable
    harm that may be occasioned on (Elsipogtog), it is apparent that SWN is
    suffering monetary losses,” said Clendening. “ this statement speaks volumes about whose side she obviously favours. keep on keeping on. we have our own fracking wars about to start in bc (along with pipelines, etc)

  • Debbie Cyr

    Our hearts may have been been broken last night, but our Spirit is not!
    We will rise from this even more stronger and more United then before!!!!
    SWN will come back, but here’s the thing……we never left!
    We are NOT going anywhere!

  • Who it

    Tj Burke is a apple. His the scout that works for the non Indian government. He made this big brown Indian man look broken.

  • appalled_by_religions

    What the hell can people expect? The courts are ran by greedy money hungry judges. Payoffs are all around us.

  • Louisa Sudlovenick Gillespie

    Fracking is killing our water supply, even in the High Arctic, stop it!

  • Peter K. Vickers

    We knew this would happen. The “courts” are just the enforcement arm of the white privileged occupiers.