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Indigenous rights in the context of oil and gas pipelines in Canada: exposing naturalised power structures through a lens of intersectionality

Published online by Cambridge University Press:  22 April 2020

Margot Hurlbert Open the ORCID record for Margot Hurlbert [Opens in a new window]  and
Amber J. Fletcher
Margot Hurlbert*
Affiliation:
Canada Research Chair, Climate Change, Energy and Sustainability Policy, Johnson-Shoyama Graduate School of Public Policy, University of Regina
Amber J. Fletcher
Affiliation:
Associate Professor, University of Regina
*
*Corresponding author. E-mail: margot.hurlbert@uregina.ca
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Abstract

Situated within the larger context of Canadian pipeline decisions, it is argued that pipeline proposals in a geography without pre-existing pipelines are unsuccessful in contrast to proposals repurposing and expanding existing pipelines. The Chippewas of the Thames (the ‘Chippewas’) unsuccessfully opposed Enbridge's expansion, reversal and repurposing to crude oil of the Line 9 pipeline in Ontario, Canada. Analysing the Chippewas’ case within the context of recent oil- and gas-pipeline developments, using a lens of intersectionality focused on identity markers of indigeneity, socio-economic status and geographical location, exposes the naturalised power structures of Canadian law. These structures include the legal institutions of real-property law, Crown ownership of wildlife and fish, implicit ‘standing’ of the economy and assimilation of indigenous rights. Exposing this dichotomy of indigenous rights on paper vs. in practice deepens the consideration of indigenous rights, potentially allowing intersecting oppressions to be addressed.

Keywords

Canadian indigenous rightspipelineshunting, trapping and fishingintersectionality
Type
Article
Information
International Journal of Law in Context , Volume 16 , Issue 1 , March 2020 , pp. 57 - 76
Copyright
Copyright © The Author(s), (2020). Published by Cambridge University Press

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