2022 Year in Review

THE PATH FORWARD
As it stands, reconciliation is a
complicated process — one that is
enmeshed within, yet appears to
often be at odds with, other facets
of Canadian law. Some
communities believe litigation still
to be a viable avenue, as
demonstrated by the class action
lawsuit previously mentioned.
However, for others, such as the
Wet’suwet’en People who have
created the rallying cry
“Reconciliation is dead”, it is
apparent that the legal system is
set against them.
Wet’suwet’en land falls squarely in
the path of the Coastal GasLink, a
natural gas pipeline owned by TC
Energy which “will span 670
kilometres across northern [British
Columbia]” upon completion. As of
August 2022, the pipeline is twothirds
complete. In 2019, TC Energy
was granted a legal injunction
against the Wet’suwet’en
protestors who were blocking
access to construction sites along
the pipeline. According to legal
experts, the use of such injunctions
demonstrates how Canada’s legal
system is aligned against the needs
of indigenous groups. A study of a
hundred applications revealed
“that 76% of injunctions filed
against First
Nation groups were granted, while
81% filed by First Nation groups
against corporations were denied”.
Yet this disparity, according to
University of Ottawa Associate
Professor Aimee Craft, is not one
that can necessarily be fixed
through the courts, but through
political change, as this is where
the “underlying issues” between
indigenous and Canadian law exist.
Such is the importance of King
Charles III’s ascension in the
current moment. As the world, and
particularly Commonwealth
countries, look on, indigenous
peoples across the world, and
especially in Canada, are leading
the movement towards
independence from the British
monarchy. However, some have
speculated that the longevity of the
relationship between Canada and
the United Kingdom is likely to be a
significant barrier in the push for
change. For now, the indigenous
peoples are left in suspense,
waiting to see if the new Head of
State for Canada will usher in a
new era of reconciliation and
independence, or whether he will
continue to acknowledge but not
apologise on behalf of his family.
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