Weaponizing Injunctions: How Canada criminalizes Indigenous land defense

What is the role of injunctions in legalizing the forced removal of Indigenous peoples resisting development or extraction on their lands?

The late Secwepemc leader, Arthur Manuel, called the injunction a “legal billy club” because it is a weapon used to criminalize Indigenous people and remove them from their lands through force. It is put to work when Indigenous peoples refuse to comply with decisions that deny their inherent rights. The beneficiaries are companies and governments who are able to protect their interests because of the way “harm” is recognized by the court. Disruption to economic activity has far out valued Indigenous livelihood and inherent rights

In October 2019, Yellowhead Institute released the Land Back Red Paper, which included the results of the first national-scale analysis on the role of injunctions in land dispossession. The data shows governments and industry are granted injunctions at significantly disproportionate results than First Nations. For example, 91% of injunctions filed against First Nations by governments were granted, while 82% were denied when First Nations filed injunctions against governments.

In this video, we speak with First Nation land defenders and leaders about their experiences with injunctions in Canada and the impact this legal tool has on their own lives and on their communities.

For more information on this research, visit: https://redpaper.yellowheadinstitute....

Yellowhead Institute generates critical policy perspectives in support of First Nation jurisdiction. The Institute is a First Nation-led research centre based in the Faculty of Arts at Ryerson University in Toronto, Ontario. Visit https://yellowheadinstitute.org for more information.

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Credits
Filmed by Doreen Manuel and Esteban Manuel
Edited by Esteban Manuel
Produced by Yumi Numata & Shiri Pasternak
Images by Billie Jean Gabriel
Funded by Inspirit Foundation