In May 2020, members of the Canadian Anthropology Society (CASCA) voted by a very large majority in favor of issuing a resolution in support of the Wet’suwet’en people and the political and territorial sovereignty of all Indigenous peoples. The Canadian Anthropology Society (CASCA) expresses its solidarity with the Wet’suwet’en nation, as well as with all Indigenous nations, in their struggle to have self-government, autonomy and the sovereignty of Indigenous peoples over their territories recognized and respected. We wish in particular to emphasize that Wet’suwet’en territory is unceded and, consequently, subject to the Supreme Court of Canada’s (SCC) 2014 decision regarding the Tsilhqot’in Nation, which establishes standards for obtaining the consent of the holder of property rights. We call on all levels of government in Canada to respect Indigenous laws and the notion of “free, prior and informed consent,” as set out in the United Nations Declaration on the Rights of Indigenous Peoples. We also demand that the Royal Canadian Mounted Police (RCMP) immediately withdraw its tactical units from Wet’suwet’en lands. The time is instead for respectful and genuine dialogue based on a nation-to-nation relationship.

Furthermore, tensions only increased when provincial governments and politicians described Indigenous protesters as armed “delinquents.” Some even went so far as to propose draconian laws banning peaceful demonstrations near infrastructure. This escalation of tensions, these threats and this use of force have significantly undermined, and possibly destroyed, opportunities for reconciliation. Under much of this discourse lies the rhetoric of the “rule of law.” Therefore, we demand:

1. that Canada and the various governments operating within its political borders respect and recognize Indigenous laws, including Indigenous legal traditions established long before the creation of Canada or any of its territories and provinces. These laws include the notions of self-determination, Indigenous governance, non-renunciation of sovereignty and unceded territorial titles;
2. that these same governments recognize, respect and accept the laws and legal decisions adopted by governance structures in Canada, notably the following: the Royal Proclamation of 1763 and subsequent treaties negotiated from a nation-to-nation relationship; Calder et al. v. Attorney General of British Columbia, the 1973 decision that recognizes Aboriginal title in Canadian law; section 35(1) of the Constitution Act, 1982, which recognizes Indigenous rights and treaties; the SCC judgment Delgamuukw v. British Columbia (1997) affirming that Aboriginal title is an ancestral right protected by the Constitution Act; the SCC’s 2014 decision regarding the Tsilhqot’in Nation, which establishes the standards for obtaining the consent of the title holder if the Crown plans any operation on their unceded lands. In addition, we demand that they honor and enforce the terms of historical and modern treaties; that they honor and implement the recommendations of the Truth and Reconciliation Commission, particularly Call to Action 45 concerning the creation of a royal proclamation and a formal commitment to reconciliation; that they honor and implement the principles of the United Nations Declaration on the Rights of Indigenous Peoples; that they comply with the Canadian Human Rights Tribunal’s 2019 decision ordering compensation for First Nations children who experienced discrimination while in care under the child welfare system on reserves.
3. that Canada and the various governments operating within its borders recognize that resource development or infrastructure projects on unceded Indigenous lands cannot proceed until jurisdictional conflicts are negotiated in a spirit of nation-to-nation;
4. finally, that all levels of Canadian government, the RCMP and police forces cease all use of force against defenders of property rights on unceded Indigenous territories. The use of force by police forces on unceded lands is of the same order as sending armed Canadian police into another sovereign country, a situation that any government would consider an irresponsible act violating the principles of sovereignty.

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