Simon at BCIC Conf

At a recent rally in downtown Vancouver, Serge Simon introduced himself to a largely First Nations audience.

“My name is Serge Simon, the Grand Chief of the Mohawk of Kanesatake,” said Simon, pausing for a moment. “You may know us as the Mohawks of Oka.”

The 1990 conflict at Oka remains a seminal event in First Nations history, and it gets people’s attention, said Simon. The crisis pitted Mohawks and allies against the Sûreté du Québec and the Canadian Armed Forces, in a drawn-out standoff that stemmed from the town of Oka’s decision to bulldoze a sacred pine grove next to a Mohawk cemetery in order to expand a golf course.

Simon said he understands why the Oka Crisis still resonates with many, especially First Nations who have been in expensive, seemingly never-ending land claims.

Simon is currently campaigning against Energy East Pipeline, a proposed 4,200-km project that would deliver crude oil from Alberta to the Atlantic coast. The project, he said, is slated to run through Mohawk territory and dip below the Ottawa River just upriver from Kanesatake.

For Simon, Energy East is a non-starter. It would endanger Mohawk territory and contribute greatly to climate change.

His battle against Energy East has motivated him to create closer ties with First Nations across the country, especially those in BC that are themselves fighting two major pipeline projects.

BC First Nations have been working through the courts to stop an expansion of the Kinder Morgan pipeline and the Northern Gateway project.

Simon is now proposing a “treaty amongst nations”, which in part is inspired by the Save the Fraser Declaration. Signed in 2012 by 140 First Nations, the declaration is an Indigenous law ban on tar sands pipelines through First Nations traditional territories in the Fraser River watershed of British Columbia. It also bans tar sands oil tankers in the ocean migration routes of Fraser River salmon on BC’s north and south coasts.

At its heart, the treaty Simon is pushing would ban the Energy East Pipeline. According to Simon, however, it would also require signatures to agree to support each other in the event unwanted projects go forward.

He uses the Elsipogtog fracking fight to illustrate the need for the treaty. In 2014, RCMP raided a Mi’kmaq blockade intended to prevent shale gas exploration on what they contend is their traditional territory. RCMP were criticised by many for their heavy-handed approach.

“Had the Mi’kmaq been backers of the treaty, the Mohawks would have told the RCMP, ‘Back the hell off or we’re going to do something over here.’ Then chiefs in Ontario, Saskatchewan, Manitoba and British Columbia would do the same,” said Simon.

Simon isn’t clear on what exactly the actions might involve. But he said there is a range of tactics – from protest rallies at Parliament Hill and provincial legislatures to slowing traffic, to even blockades. What actions a nation is willing to take would be outlined when negotiating the treaty. And any signatories who are in sensitive negotiations with the government would not be expected to take part.

The important thing, said Simon, is for First Nations to know that they have allies in their fight.

His idea of a treaty amongst nations is gaining traction. After proposing the idea at a general assembly of the Union of British Columbia Indian Chiefs in late September, members voted unanimously to further discuss the treaty.

The treaty’s details and what it will require of signatories are still being hammered out.

“The treaty might not list the enforcement measures,” said Morgan Kendall, the lawyer who is drafting it up. “It might just set out the ban. And then enforcement measures will be decided later on a case-by-case basis as needed to enforce the ban if it’s not respected.”

Whatever form it takes, Simon said he has significant support for the treaty. In addition to the BC chiefs who have agreed to further discussions on it, Simon said he has met First Nations leaders in Quebec, Ontario and Manitoba who are also keen.

Geraldine Flurer is the public relations coordinator for the Yinka-Dene Alliance, a union of six northern BC First Nations that developed Fraser Declaration against the Northern Gateway Pipeline.

She was at the general assembly meeting, and she said leaders were excited about the idea. “It was received very well,” Flurer said. “People loved the idea of our nations coming together. They know that there is strength in numbers. They see the positive there.”

The treaty has also got the attention of Doug McArthur, director of Simon Fraser University’s School of Public Policy and a former deputy minister of Aboriginal Affairs in BC.

McArthur said he thinks the treaty could strengthen the position of First Nations when it At a recent rally in downtown Vancouver, Serge Simon introduced himself to a largely First Nations audience.

“My name is Serge Simon, the Grand Chief of the Mohawk of Kanesatake,” said Simon, pausing for a moment. “You may know us as the Mohawks of Oka.”

The 1990 conflict at Oka remains a seminal event in First Nations history, and it gets people’s attention, said Simon. The crisis pitted Mohawks and allies against the Sûreté du Québec and the Canadian Armed Forces, in a drawn-out standoff that stemmed from the town of Oka’s decision to bulldoze a sacred pine grove next to a Mohawk cemetery in order to expand a golf course.

Simon said he understands why the Oka Crisis still resonates with many, especially First Nations who have been in expensive, seemingly never-ending land claims.

Simon is currently campaigning against Energy East Pipeline, a proposed 4,200-km project that would deliver crude oil from Alberta to the Atlantic coast. The project, he said, is slated to run through Mohawk territory and dip below the Ottawa River just upriver from Kanesatake.

For Simon, Energy East is a non-starter. It would endanger Mohawk territory and contribute greatly to climate change.

His battle against Energy East has motivated him to create closer ties with First Nations across the country, especially those in BC that are themselves fighting two major pipeline projects.

BC First Nations have been working through the courts to stop an expansion of the Kinder Morgan pipeline and the Northern Gateway project.

Simon is now proposing a “treaty amongst nations”, which in part is inspired by the Save the Fraser Declaration. Signed in 2012 by 140 First Nations, the declaration is an Indigenous law ban on tar sands pipelines through First Nations traditional territories in the Fraser River watershed of British Columbia. It also bans tar sands oil tankers in the ocean migration routes of Fraser River salmon on BC’s north and south coasts.

At its heart, the treaty Simon is pushing would ban the Energy East Pipeline. According to Simon, however, it would also require signatures to agree to support each other in the event unwanted projects go forward.

He uses the Elsipogtog fracking fight to illustrate the need for the treaty. In 2014, RCMP raided a Mi’kmaq blockade intended to prevent shale gas exploration on what they contend is their traditional territory. RCMP were criticised by many for their heavy-handed approach.

“Had the Mi’kmaq been backers of the treaty, the Mohawks would have told the RCMP, ‘Back the hell off or we’re going to do something over here.’ Then chiefs in Ontario, Saskatchewan, Manitoba and British Columbia would do the same,” said Simon.

Simon isn’t clear on what exactly the actions might involve. But he said there is a range of tactics – from protest rallies at Parliament Hill and provincial legislatures to slowing traffic, to even blockades. What actions a nation is willing to take would be outlined when negotiating the treaty. And any signatories who are in sensitive negotiations with the government would not be expected to take part.

The important thing, said Simon, is for First Nations to know that they have allies in their fight.

His idea of a treaty amongst nations is gaining traction. After proposing the idea at a general assembly of the Union of British Columbia Indian Chiefs in late September, members voted unanimously to further discuss the treaty.

The treaty’s details and what it will require of signatories are still being hammered out.

“The treaty might not list the enforcement measures,” said Morgan Kendall, the lawyer who is drafting it up. “It might just set out the ban. And then enforcement measures will be decided later on a case-by-case basis as needed to enforce the ban if it’s not respected.”

Whatever form it takes, Simon said he has significant support for the treaty. In addition to the BC chiefs who have agreed to further discussions on it, Simon said he has met First Nations leaders in Quebec, Ontario and Manitoba who are also keen.

Geraldine Flurer is the public relations coordinator for the Yinka-Dene Alliance, a union of six northern BC First Nations that developed the Fraser Declaration against the Northern Gateway Pipeline.

She was at the general assembly meeting, and she said leaders were excited about the idea. “It was received very well,” Flurer said. “People loved the idea of our nations coming together. They know that there is strength in numbers. They see the positive there.”

The treaty has also got the attention of Doug McArthur, director of Simon Fraser University’s School of Public Policy and a former deputy minister of Aboriginal Affairs in BC.

McArthur said he thinks the treaty could strengthen the position of First Nations when it comes to opposing resource projects. Many resource companies have multiple projects across the country, said McArthur. And they might be less inclined to fight for a project in, say, Quebec, if they knew it might have repercussions in BC.

“It is easier for industry to push projects if opposition is limited to First Nations in area,” said McArthur.

That’s a notion that is likely to resonate with Simon, who is keen to make his vision for a treaty amongst nations a reality.

“I think it will be a game changer,” said Simon. “Because people will know: If you are dealing with a signatory, you are dealing with all these other First Nations.”