The “Rule of Law”?

When B.C. premier John Horgan said “the rule of law applies” in reference to the Coastal GasLink pipeline conflict, he meant that he would abide by an injunction granted by a provincial court to allow the company to enter and operate on Wet’suwet’en territory.

In doing so, he discounted a number of legal elements — and even an entire system of law — that arguably supercede the B.C. courts.

When it comes to injunctions, the deck is stacked. The Yellowhead Institute reviewed over 100 injunction cases late last year. They found that corporations succeeded in 76 per cent of injunctions filed against Indigenous nations, whereas requests for injunctions filed by Indigenous nations against governments and corporations were denied in over 80 per cent of cases.

And thus he also unwittingly raised larger questions about the legal aspects of the conflict.

Whose laws apply? And which laws?

The rule of law is far more complicated in this case than simply following an injunction. A pre-existing system of Indigenous governance, Supreme Court of Canada decisions, and a United Nations declaration all bring into question the legal validity of the injunction granted to Coastal GasLink.


from: Ricochet

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