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Indigenous leaders say pipeline ruling highlights Canada’s need for UNDRIP law – Global News

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A Federal Court of Appeal ruling on the Trans Mountain pipeline expansion highlights the need for Canada to legally entrench the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), advocates say.

Regional Chief for British Columbia Terry Teegee was among those who voiced disappointment at the court decision, which found the Canadian government met its duty to consult First Nations on the pipeline project.

“Today we see another court decision that is another reminder that the UN Declaration on the Rights of Indigenous Peoples, and free, prior and informed consent are the necessary way forward,” he said.

“Obviously, the process is still flawed. We can replace conflict and court cases with progress, prosperity and stability.”


READ MORE:
Why a UN declaration on Indigenous rights has struggled to become Canadian law

The Assembly of First Nations also called for full implementation of UNDRIP legislation in Canada following the court decision.

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“The Assembly of First Nations will continue to push to ensure all policies, legislation and practices are consistent with First Nations inherent and Treaty rights, the United Nations Declaration on the Rights of Indigenous Peoples, and for federal legislation to implement the UN Declaration on the Rights of Indigenous Peoples,” a statement read.

The Trudeau government has long promised to enshrine the UN declaration into Canadian law, but it remains controversial in Canada because of the stipulation of “free, prior and informed consent.”

Minister of Justice David Lametti has been tasked with introducing the legislation by Trudeau, spokesperson Allison Storey said in an email statement to Global News.

“In the Minister of Justice and Attorney General of Canada’s mandate letter, the Prime Minister tasks the Honourable David Lametti with introducing co-developed legislation to implement the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) by the end of 2020,” the statement read.

“By taking this step in collaboration and cooperation with Indigenous peoples, we will create greater certainty, clarity and prosperity for all Canadians. We are committed to developing an approach that will be inclusive, efficient and focused on realizing the full potential of the UN Declaration to advance reconciliation in Canada.”






2:11
Wet’suwet’en protesters storm B.C. minister’s office


Wet’suwet’en protesters storm B.C. minister’s office

Tuesday’s unanimous court decision on the pipeline cleared a major legal hurdle for construction to continue on the expansion from Alberta’s oilsands to B.C.’s coast — a move long contested by several Indigenous communities in B.C. The Tsleil-Waututh Nation, Squamish Nation, Coldwater Indian Band and a coalition of small First Nations in the Fraser Valley were part of the legal challenge and argued that the government’s consultation with them was inadequate.

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The communities say they oppose the expansion because of the risk of oil spills and increased emissions.

Lori Campbell, director of the Waterloo Indigenous Student Centre at St. Paul’s University College, told Global News that a key element of UNDRIP is to ensure Indigenous communities have “free, prior and informed consent” in matters that impact them — for example, pipeline projects that run through their territory.

“Free, prior and informed consent doesn’t mean that the pipeline can’t go ahead. It means that it can’t go ahead through that particular territory,” Campbell said.

“Indigenous Peoples in certain territories are saying, ‘Not in my backyard, not on our territory.’”


READ MORE:
Federal court dismisses Indigenous challenge of Trans Mountain pipeline expansion

However, Campbell noted that clause is already present in other parts of Canada’s legal system so it’s not guaranteed to change anything.

UNDRIP reaffirms what the Supreme Court of Canada already ruled in 1997 — that governments must consult Indigenous groups prior to making decisions that might impact their lives.

The declaration is also in line with Section 35 of the Canadian Constitution, which states: “The existing Aboriginal and treaty rights of the Aboriginal Peoples of Canada are hereby recognized and affirmed.”

Section 35 also says: “For greater certainty, in subsection (1) ‘treaty rights’ includes rights that now exist by way of land claims agreements or may be so acquired.”

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Trudeau: TMX approval process ‘needs to be done right’


Trudeau: TMX approval process ‘needs to be done right’

While she supports Canada entrenching UNDRIP into law, Campbell noted it may not guarantee the change Indigenous leaders hope.

“I also wonder if the Supreme Court has already confirmed this, that in this territory, the hereditary chiefs in this community have the right to sovereignty over their land and territory. I don’t know, would UNDRIP being implemented at this point actually be any different?” she said.

Campbell says it comes down to whether the government will follow through on the Supreme Court ruling, the Canadian constitution and UNDRIP, which is already international law.

“They’re all saying this is what we need to do,” she said.


READ MORE:
Band councils, hereditary chiefs — here’s what to know about Indigenous governance

Despite criticism from Indigenous communities over the court ruling, Minister of Natural Resources Seamus O’Regan said in a statement on Tuesday that the pipeline expansion will “help advance reconciliation with Indigenous Peoples” through economic opportunities.

“The government of Canada is committed to a renewed relationship with Indigenous Peoples and it knows that consultations on major projects have a critical role to play in building that renewed relationship,” the statement read. “Canada will continue to engage in Indigenous communities at each step of the project in the months and years to come.”

What happens next?

Construction on the federally owned project has begun at terminals and along the right-of-way in Alberta, but about 88 per cent of the detailed route in Metro Vancouver and the Fraser Valley has yet to be approved.

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Indigenous communities and leaders said the issue of the pipeline, despite the federal court ruling, was not over.






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First Nations not happy with Federal Court’s decision to continue with TMX


First Nations not happy with Federal Court’s decision to continue with TMX

The four Indigenous groups — Tsleil-Waututh Nation, Squamish Nation, Coldwater Indian Band and the coalition of small First Nations in the Fraser Valley — are still deciding whether to seek leave to appeal to the Supreme Court of Canada but said they would pursue all available options to stop the project.

— With files from the Canadian Press

© 2020 Global News, a division of Corus Entertainment Inc.

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Where to look for cheap rent in Canada, as prices soar, again – CBC.ca

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As rent prices spiked over the past two months, affordable pockets of rental housing became harder and harder to find.

In July, the average monthly cost for rental properties across Canada was $1,934 — up 10.4 per cent over last year, according to the data of the property listing company Rentals.ca. A similar hike in June saw the average rent spike 9.5 per cent.

Analysts say the steep prices are being driven by more demand than inventory.

And that demand is being driven in part by some people fleeing larger cities, while others flock to them.

This creates a challenge for people like Joan Alexander.

The senior has rented homes across Canada, in St. Catharines, Ont., and Guelph, Ont., then in Castlegar, B.C., and for the past two years on Prince Edward Island.

Joan Alexander, left, sits with her dog Beau and her partner Elizabeth Huether. They plan to move from P.E.I. to Lloydminster this October. (Submitted by Joan Alexander )

Alexander and her partner chose Summerside, a city about 50 kilometres northwest of Charlottetown, for its small-town feel.

But rising rental costs and other considerations — like proximity to health care — are driving her to relocate.

“We really hoped that P.E.I. would be our last stop on our life journey,” she said. 

Last year, rents on P.E.I. rose higher than they had in a decade. Plus rental places are scarce.

Finding affordable rental housing in Canada after a pandemic is proving a challenge for many, with spiking interest rates, inflation and limited rental stock. 

Ben Myers, president of Bullpen Research and Consulting, a real estate advisory firm that tracks rental pricing in Canada, says if you are looking for a deal there still are some places he’d describe as comparatively “cheap.”

He suggests looking at Red Deer or Lethbridge in Alberta, or Saskatoon.

“You can get a two-bedroom for under $1,150 a month. It’s all about where you can work,” said Myers. 

Alexander says she was able to find a few havens on the Prairies.

“It felt almost too good to be true. There seemed to be a few pockets where we could find what we were looking for. Pet friendly, affordable, safe housing,” said Alexander, who needs monitoring after donating a kidney and a place that welcomes her small, beloved dog — Beau.

Lloydminster — a city that spans Alberta and Saskatchewan — attracted Alexander and her spouse with affordable prices and a pet-friendly property owner.

They move in October to their new $1,200-per-month home.

WATCH | Priced out by rising rents:

Soaring prices leaving some renters priced out

10 hours ago

Duration 2:03

While the housing market may be cooling down, the rental market is on fire, with the price of an average unit up 10 per cent compared to last year. That has left many renters scrambling to find suitable housing.

Rentals.ca listings include detached and semi-detached homes, townhouses, condominium apartments, rental apartments and basement apartments. The company can’t provide an average rent for all cities. Some smaller communities don’t have enough rentals to get an accurate average.

So it’s worth hunting. There are some hidden gems.

Myers says that in a normal year, rent can fluctuate on average three to five per cent. But average rents grew 10 to 12 per cent in 2019, due to a shortage of supply, he says. Then the pandemic hit and rent declined, on average, 15 to 20 per cent.

“We are now adjusting back to pre-pandemic levels,” said Myers.

Renters on the move

Then there are the super-expensive anomalies — like Vancouver, which rebounded even faster from the pandemic, with a per month average rent of $2,300 in June 2022. 

Myers says there have also been significant shifts to cities that used to enjoy low rent, as some people migrate to smaller places where they can get more real estate for their dollar.

Retiring Baby Boomers from the Toronto area are creating demand and raising prices in places like the Niagara Region and Halifax, for example. 

“Halifax has gone kind of nuclear. Definitely a lot of Ontarians moved to Halifax during the pandemic,” Myers said.

Also, he says a lot of students stayed in their university towns like Victoria, London, Ont., and Kingston, Ont., when offices closed during the past two years.

“All the benefits of living in a big city were almost bad because you didn’t want to be around a lot of people during a pandemic,” said Myers. 

Vanishing affordable rentals

But all this change has just put more pressure on the rental market that’s been seeing declines in rental options for low earners for more than a decade, according to housing policy researcher Steve Pomeroy.

He uses Canada Mortgage and Housing Corporation (CMHC) data to probe losses in the rental market.

Rents can fluctuate on average three to five per cent, says one expert. But when the pandemic hit they dropped, on average, 15 to 20 per cent. (CBC)

Pomeroy, the senior research fellow for the Centre of Urban Research at Carleton University, estimates that between 2011 and 2016, the number of rental units that would be affordable for households earning less than $30,000 per year — with rents below $750 — declined by 322,600 in Canada.

That has an effect on the one in three Canadians who rent, according to 2016 census data.

Pomeroy says historically Quebec offered the largest rental stock available in the country.

“Quebec has always been culturally very different. Rent is much more culturally accepted. It’s a bit about European influence … You get these very scenic estates of two-, three-storey homes with the wrought iron staircase and with three units, and two are rented. So by definition, two-thirds of your population are renters,” he said.

He says perhaps it’s time for the remainder of Canada to consider a more European model, where renting is more accepted. 

He says there are many cities, in France and Germany for example, where renters almost match owners in population.

North America historically has had a different culture, where owning is seen as better.

“Traditionally there has been very strong support for home ownership. Here in Canada we’ve had mortgage insurance including increasing access to credit for buyers … the political system has very much reinforced that belief system, that ownership is the right thing to do.”

But now, tenancy and anti-poverty organizations are lobbying for more renters’ rights. That’s something Pomeroy sees as a positive shift.

He also says he believes many younger Canadians see renting as their future. It gives them the freedom to pursue experiences, move for jobs and not remain tethered to a property that they can’t afford.

Pomeroy recently asked his graduate students — all employed and in their 20s — if they thought they could buy a home in the next five years. Would you want to?

He says he was surprised to hear for the first time, none of them believed they could.

“Nobody thought they could, and only about half actually wanted to.”

Historically, Quebec has had the most rental stock available in the country, like this Montreal building, seen in May, featuring a wrought-iron staircase and a shared garden area. (Ivanoh Demers/Radio-Canada)

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A year after the fall of Kabul, Canadian veterans urge Ottawa not to abandon Afghans trying to flee – CBC News

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It’s been one year since Kabul fell to the Taliban after American and allied troops — including Canadians — left the country.

Video footage showed Afghans streaming onto the tarmac at the Kabul airport, desperate to escape, as a U.S. air force plane took off. Some fell to their death trying to hold on.

“We watched that terrible situation unfold … we saw that tremendous catastrophe that happened in Kabul,” said Brian Macdonald.

A Canadian veteran who served in Afghanistan, Macdonald leads the non-profit Aman Lara, which is Pashto for “Sheltered Path.” The collective of Canadian veterans and former interpreters has been working over the last year to bring refugees to safety in Canada.

“When we were unable to get them out a year ago, it was devastating. But since then we’ve come together, we’ve doubled down and been able to get 3,000 people out,” he said.

But it’s been a slow and dangerous process when those refugees need to go through the Taliban to get a passport.

“These people that have helped Canada now have to stand up and go to an office that’s controlled by the Taliban and give their name and address and the dates of birth of their children,” Macdonald said.

“It’s a very dangerous thing to do.”

Brian Macdonald, the executive director of Aman Lara, says the non-profit has successfully helped more than 3,000 Afghan refugees to safety in Canada since Kabul fell to the Taliban one year ago. (Derek Hooper/CBC)

There was hope this June, when Pakistan agreed to temporarily allow Afghan refugees approved to come to Canada across its border, without a passport or visa.

But Macdonald says they’ve hit roadblocks bringing those refugees to Canada.

“We were hoping it would be thousands, and it ended up being dozens,” he said.

“We’re dealing with the Afghan-Pakistani border, and it’s a very wild place. And so messages aren’t always clearly communicated, but we believe the window may still be open.”

Ottawa promises to speed up application process

A spokesperson for Immigration Minister Sean Fraser said Canada has added more employees on the ground to process applications as quickly as possible, including in Pakistan.

The department did not say how many undocumented Afghans have successfully made it to Canada through the arrangement with Pakistan.

In this photo provided by the U.S. Marine Corps, Italian coalition forces assist and escort evacuees for onward processing during an evacuation at the Kabul, Afghanistan airport on Aug. 24. (Staff Sgt. Victor Mancilla/U.S. Marine Corps/The Associated Press)

Canada initially said it would bring 40,000 Afghan refugees to Canada — focusing on Afghans who were employed by the Canadian government and military. The federal government says that, to date, it has welcomed 17,300, with more still to arrive “in the coming weeks and months.”

“We remain steadfast in our collective resolve to bring vulnerable Afghans to safety in Canada as quickly as possible,” says a joint statement released Monday by Fraser, Foreign Affairs Minister Mélanie Joly and International Development Minister Harjit Sajjan.

The statement does not indicate when Ottawa expects to reach its target of resettling 40,000 Afghans.

In the statement, the ministers lamented what they called the “steady deterioration” of human and democratic rights in Afghanistan since the Taliban seized power last year, citing the reintroduction of severe restrictions on the ability of women and girls to go to school and to move freely within the country.

‘We can hold our heads high,’ says deputy PM about evacuation

But the federal government has been criticized for not doing more to help Afghans who assisted Canada in the NATO-led effort and are now at risk of being killed by the Taliban for their ties to Western nations.

Deputy Prime Minister Chrystia Freeland said “we need to not think in the past tense” when asked if Canada could have done more a year ago.

“We can hold our heads up high when we think about our response compared to that of our allies. There is a lot more work to do,” Freeland said in Toronto on Thursday.

“We need to keep on working to bring more people from Afghanistan to Canada, and that’s exactly what we’re doing.”

Deputy prime minister answers questions about Afghanistan

4 days ago

Duration 2:23

Deputy Prime Minister Chrystia Freeland says Canada’s priority is to focus on the women and children of Afghanistan ‘who have suffered real setbacks.’

Last month, Canada stopped accepting new applications to its special immigration program, a move that advocates say amounts to the abandoning of Afghans desperate to come to this country.

Macdonald hopes the federal government reconsiders its approach and commits to welcoming every Afghan who helped the government into Canada.

“A year ago, we were panicking to get as many people out as possible,” Macdonald said.

“We all thought — as veterans and other interpreters — that that window had closed, that the people we didn’t get out were stuck in Afghanistan.

“But what we’ve learned over the last year is we can still move them out. It’s at a snail’s pace. It’s not as many people as we’d like. But we are still grinding away every day, moving people out of Afghanistan.  And we’re just going to keep doing that until we get as many people out as we possibly can.”

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Maritime veterans working to bring Afghans to Canada – CTV News Atlantic

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John Monaghan’s connection to Afghanistan has withstood the 13 years since his tour there.

The Nova Scotia man and his family keep in constant contact — daily — with a man he met there, who worked with the Canadian military. A man he refers to as “Mr. Jones,” to keep his identity hidden from the Taliban.

The Monaghan’s have been lobbying and fundraising to bring Mr. Jones, his wife, his four older siblings and their large families to Nova Scotia.

But he says, at this point, one year after the Taliban takeover of Kabul, they’re still in limbo.

“You can tell that he’s worried, he’s definitely worried about everything that’s going on,” Monaghan said. “It’s just really frustrating. They need to move these people out of danger and here to Canada, to safety.”

Aman Lara — Pashto for “Sheltered Path” — is an organization that was born after the takeover a year ago, to try and bring as many Afghan interpreters to Canada as possible.

Its executive director is New Brunswicker Brian Macdonald, who also served in Afghanistan. Macdonald says it’s become an urgent passion project for many veterans across the country.

“A year ago, we saw those terrible scenes of people getting crushed trying to leave Kabul. At that time, we thought the window had closed, we weren’t going to be able to get any more people out. But in that year, we’ve doubled down, and we’ve now got 3,000 people out of Afghanistan,” he said.

He says they’ve been working with teams in many different locations, but the bureaucracy in several countries — including Canada — is high.

Their focus is on securing the safety of another 3,000 people, and believe the work will take years to complete.

“There’s some people on our team who still haven’t gotten their families out. We work with these interpreters very closely, they’re here in Canada but their families are still stuck in Afghanistan. So there’s a lot left to do for sure,” he said.

Macdonald believes there are about 8,000 people in Afghanistan right now, who’ve been approved to travel to Canada. But there are thousands more who are eligible, but have yet to be accepted.

“For the Government of Canada, we want them to extend the special immigration measures program, and that will allow us to get everyone that served Canada out of Afghanistan,” he said. “So we don’t think there should be a cap on that in terms of numbers, and we don’t think there should be a timeline on that. Let’s take as long as it takes to get everyone who helped Canada out of Afghanistan.”

On Monday’s difficult anniversary, Monaghan hopes Canadians take a moment to think about the people of Afghanistan.

“Mostly, I would like people to think about how comfortable and happy and safe they are and then in comparison think about the lives that these families are living in Kabul, in terror, where they are afraid for their lives.”

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