A/HRC/54/31/Add.2
63.
The extractive industry is not only responsible for half of global greenhouse gas
emissions and 90 per cent of biodiversity loss, 45 but it is also at the root of conflicts created
by the criminalization of Indigenous Peoples defending their lands and resources from
companies and governments who support the projects of those companies.46
64.
In Canada, Indigenous Peoples are taking up the fight for climate justice by opposing
the construction of TC Energy’s Coastal GasLink pipeline and the Federal Government-run
Trans Mountain pipeline, projects approved without the consent of all affected Indigenous
Peoples. TC Energy signed benefit agreements with band councils along the pipeline route
but did not obtain the consent of hereditary chiefs who assert jurisdiction off reserve. The use
of injunctions and exclusion zones around worksites have led to the criminalization of
Indigenous opposition to the pipeline. 47 Despite letters from the Committee on the
Elimination of Racial Discrimination, in which the Committee urged Canada to cease forced
evictions of Wet'suwet'en people from their lands, the federal police (under contract with the
government of British Columbia) conducted a series of raids using tactical officers,
helicopters, assault rifles and police dogs to arrest 74 Wet'suwet'en land rights defenders.
Nineteen Indigenous defenders were charged with criminal contempt for violating an
injunction prohibiting entry to the pipeline construction site on the community’s unceded,
ancestral territory. Five pleaded guilty, the remaining land defenders will face trial later this
year and could be sentenced to prison.
65.
Land defenders have also been arrested and charged after blockading the Trans
Mountain pipeline route. A Tsleil-Waututh member received a 28-day sentence of
imprisonment despite recent Criminal Code amendments providing for consideration of
alternatives to incarceration.
66.
There is a concern that recent bills introduced to protect against “critical infrastructure
sabotage” may suppress the growing movement against fossil fuels, in which Indigenous
Peoples play a central role, by silencing dissent against planned or existing projects.
67.
Conservation measures taken by Northwest Territories wildlife authorities to conserve
caribou have had a negative effect on the Lutsel K’e Dene First Nation. Members of the First
Nation reported being traumatized by a recent helicopter raid and warrantless search for
evidence of illegal caribou hunting. The hunting prohibition was enacted by the Northwest
Territories government without consulting the Indigenous Peoples.
H.
Canadian transnational corporations
68.
On several occasions, the Special Rapporteur, along with other mandate holders, has
expressed concern regarding human rights abuses against Indigenous Peoples committed by
Canadian companies operating abroad.48 United Nations treaty monitoring bodies have called
on Canada to adopt a regulatory framework to hold these transnational corporations
accountable for human rights violations and environmental abuses. 49 According to the
information received, Canada is home to almost half of the world’s publicly listed mining
and mineral exploration companies, and 200 Canadian companies are present in 97 foreign
countries
69.
In 2022, Canada launched the Responsible Business Conduct Abroad strategy to
promote good business practices in alignment with the Guiding Principles on Business and
Human Rights through prevention, legislation and non-judicial dispute resolution
mechanisms. Canada has two dispute resolution mechanisms competent to consider
allegations of human rights abuses committed by Canadian corporations abroad: a national
45
46
47
48
49
GE.23-13374
United Nations Environment Programme, Global Resources Outlook 2019: Natural Resources for the
Future We Want (2019), p. 4.
See A/HRC/39/17 and A/71/281.
See communication CAN 2/2022, available at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=27260.
See communications CAN 1/2022, CAN 7/2021 and CAN 5/2020. Available from
https://spcommreports.ohchr.org/Tmsearch/TMDocuments.
CRC/C/CAN/CO/3-4, para. 29; and CERD/C/CAN/CO/19-20, para. 14.
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