Scott Goosenberg: Beaver Lake Cree (Abstract and group goals)

ABSTRACT:

In order to facilitate the Beaver Lake Cree people’s legal defence, this analysis will draw upon related Canadian and international case studies in order to discern what efforts were successful or futile in the past with regard to similarly intrusive and destructive measures to build pipelines in various contexts and environments. By utilizing a comparative-historical analysis format, a substantive, legal framework will be attained in order to expedite and improve upon the BLC Nation’s case in order to preserve their way of life. This deconstruction of analogous circumstances surrounding previous projects ex-ante and ex-post will aid in deducing the most efficacious manner through which the BLC can protect their rights. While cases will be synthesized with locales as disparate Alberta, Canada and Kirkuk, Iraq, there will be an emphasis on tactics that will publicise the plight of the BLC Nation towards the larger strategic end of winning their case. 

Overall Group Goals:

    •    Establish a solid knowledge base of the domestic legal situation (relevant legislation, prior case outcomes and what can be inferred from them).

    •    Research tangible connection to international law (relevant statutes and treaties, international precedents, applicable case studies).

    •    Provide a comparative-historical analysis to buttress the current case, and juxtapose these results with particular international law precedents that can be properly applied.

    •    Lay the conceptual foundation for an international court case.

    •    Attempt to bring visibility to and draw material support for the issue.

Comments

[Michael Byers]

I agree that a comparative examination of how other indigenous groups have dealt with resource extraction challenges to their traditional sustenance live-styles would be interesting and perhaps relevant to the Beaver Lake Cree. But note that the issue here is not a pipeline but rather in situ extraction of oil from underground tar sands. One of the better foreign comparisons might be the Ogoni people of southern Nigeria. In Canada, the Lubicon First Nation provides a key precedent. Your comparative examination might usefully focus on whether and how these other groups have made use of international law and international organizations to advance their causes. I look forward to reading your outline!