Peaceful protest leads to charges

Three First Nations women were detained and arrested Sept. 9 after staging a protest against oil and gas exploration on their southern Alberta reserve.

Arrested were Elle-Maija Tailfeathers, Lois Frank and Jill Crop Eared Wolf, all members of the Blood Tribe which is a part of the Blackfoot Confederacy.

“It was three unarmed women in a peaceful protest to honor our land,” Tailfeathers told Windspeaker.

The protest was an act of defiance against the actions of United States-based Murphy Oil Company, one of two companies that signed on to a $50 million deal with the Blood Tribe last fall allowing the companies to gain a five-year hydraulic fracturing lease and access to nearly 50 per cent of Blood Tribe land for the purpose of oil and gas exploration.

Fracturing or “fracking” is a form of drilling that involves pumping gallons of water, proprietary chemicals (often toxic), and sand under high pressure into a well causing the shale or coalbed to fracture, releasing the desired natural gas.

The Blood Tribe is one of the largest reserves in Canada occupying about 549.7 square miles or 884 square kilometres, and has a member population of over 10,000.
Tailfeather, 26, who grew up on the Blood reserve and who now lives in Vancouver, has been a loud public voice against the fracturing of her land. She, along with the other protesters, are members of a grassroots organization called KaiNai Earth Watch.

Since the multi-million dollar deal was signed last year, KaiNai Earth Watch has written letters and created petitions to raise awareness about the environmental impacts of fracking.

Tailfeathers, who is also the creator of the Protect Blood Land Web site, claims the group does what it can to draw attention to the issue. She said they have repeatedly contacted the Blood Tribe chief and council, Kainai Resources Incorporated, the gas and oil companies, the media, the Energy Resources Conservation Board, and various levels of government, including Aboriginal and Northern Affairs Canada. Despite their loud voices, no one is listening, said Tailfeathers.

So, last month when she heard there was a protest against fracking on her land, Tailfeathers, who was home for a visit, decided to join in.

“It was honestly a really peaceful protest,” she said, adding that the group had no interaction with oil company personnel and even shared their food with a site security guard.

Despite that, however, she, along with Frank and Crop Eared Wolf, were arrested and held by Blood Tribe police for 10 hours for blocking oil trucks from leaving the fracturing site on Blood Tribe land. The woman were later charged with violating Section 423 (1)(G) of the Criminal Code for “intimidation” and were released the morning of Sept 10.

Tailfeathers said she does not regret her participation in the protest or her subsequent arrest, but says she is surprised the issue has gone this far.

“We were given an ultimatum buy the Blood Tribe police. Either we desist the blockade and let the workers off the site or we would be arrested,” she said.

“The protest was peaceful,” confirmed Blood Tribe Police Chief Lee Boyd.

“Our officers did the job they were required to do in a manner that was respectful and tolerant of all involved and their individual points of view,” he added.

Boyd said the women were arrested only because they were blocking the roadway leading in and out of the fracturing site and not because they voiced their concerns.

“The issue was not the protest but the interfering with others who also had a right to use the roadway,” he explained. “If the protesters had let the others pass they could have continued the protest as long as they wanted as far as we were concerned,” he said.

“The police service supports the right of all people to have opportunity to express their opinions on all issues. However, everyone’s right to legal access is equally important,” he added.

“We weren’t letting any trucks on or off the site because we didn’t know what chemicals were being carried [in the trucks],” Tailfeather explained.

She said that at one point during their interaction with police, the protesters requested to talk with Blood Tribe Chief Charles Weasel Head, but their request went unanswered.

“We were told by the [Blood Tribe] police officer that the chief would not meet with us,” Tailfeathers said.

“They [protesters] may have indicated that they wanted to talk to Chief Weasel Head, however, we have no more access to the chief than they do,” explained Boyd. “They were certainly free to call whomever they wished and I know there were several people there with cell phones,” he added.

Following the arrests there were accusations that Weasel Head had requested that the protesters be charged. Tailfeathers said she couldn’t comment on the accusations, but the chief denied any connection to the arrests.

“As a chief I am not above the law. I do not have the authority to decide who gets charged or not,” he stated.

“The case of the three tribal members arrested was strictly a police matter and jurisdiction of the police. No direct contact was made by me to the police,” he said.
Weasel Head further claims that he had put in a request to Kainaiwa Resources Inc. (KRI), a band-run entity overseeing the oil project on the reserve, requesting that police consider a warning to protesters over laying formal charges.

“Chief Charles Weasel Head was not involved in any way,” Boyd confirmed. He said the decision to arrest the three was made by the supervisor on scene in conjunction with one of our inspectors and it was based on the need to clear the roadway.

Weasel Head admitted to sharing environmental concerns regarding oil and gas exploration with the protesters, but maintains that stringent government regulations regarding oil and gas corporations are strictly mandated by Indian Oil and Gas Canada, a branch of Aboriginal Affairs and Northern Development Canada, and that Murphy Oil and Bowood Energy Corps are not exempt from these rules and regulations.

In a statement from KRI, the company spokesperson also said that regulation and protocol regarding drilling has been followed.

“Protecting people and the environment is a top priority for KRI, Chief and Council, Bowood and Murphy. Bowood and Murphy remain committed to complying with all government rules and regulations when drilling, completing and operating oil and gas wells on the reserve,” the spokesperson said.

“In advance of any drilling activity on reserve land, Bowood and Murphy must first get approval from chief and council, Indian Oil and Gas Canada, and the Energy Resources Conservation Board. Bowood and Murphy must also complete an environmental assessment and an on-the-ground assessment from a respected Blood Tribe Elder for each location. All regulatory approvals, including the necessary Chief and Council Resolutions, have been issued and are in place for current drilling activities,” the statement concluded.

“We work with the chief and council and the companies to ensure that all relevant environmental legislation, policies and practices are followed,” agreed Alexandra Steinke, Communications Officer for Indian Oil and Gas Canada [IOGC].

Pursuant to the Canadian Environmental Assessment Act (CEAA), IOGC ensures that the environment is protected and environmental impacts are minimized, she said.

“As part of this process, IOGC ensures that an Environmental Assessment is completed. The Environmental Assessment identifies and evaluates all risks there might be to the environment as a result of oil and gas development. As a result of the environmental assessment process, environmental mitigation measures are identified. IOGC then issues Environmental Protection Terms letters and companies are required to comply with these terms,” she explained.

But Chelsea Flook of the Sierra Club Prarie Chapter, a grass-roots non-profit organization aimed at protecting the environment, says regulations and protocols governing environmental safety measures are weakening.

“We’ve seen an overall loosening of environmental regulations and enforcement. These protections do little to ensure long-term health and integrity of ecosystems upon which people rely on for life,” she said.

Flook calls fracking a “very destructive process,” and says “ In general it’s pretty risky, bottom-of-the-barrel energy procure-ment.”

“ It’s going to have an impact on human life as well as an impact on land use,” she says.