NEWS RELEASE


Hupacasath Disappointed with Federal Judicial Review of Canada-China Foreign 
Investment Promotion and Protection Agreement


(Hupacasath Territory - August 27, 2013) The Federal Court of Canada has 
released its judicial review, Hupacasath First Nation v. The Minister of 
Foreign Affairs Canada and the Attorney General of Canada, regarding the 
pending ratification of the Agreement between the Government of Canada and the 
Government of the People's Republic of China for the Promotion and Reciprocal 
Protection of Investments (FIPA)



Brenda Sayers, a representative of the Hupacasath Nation stated "We are not 
surprised though we are deeply disappointed with the decision as we firmly 
believe the FIPA will have a profound impact on our inherent Indigenous rights 
and for all Canadians who cherish the environmental heritage we leave for our 
future generations. We will work with our legal counsel and will fully explore 
all options available to the Hupacasath Nation. We have until the end of 
September to decide if the decision should be appealed, and we trust the 
Government of Canada will not take steps to ratify the FIPPA during that time, 
which would effectively deprive us of our right to appeal. We would to thank 
all of the organizations, First Nations and individuals who worked, supported 
and donated to this great effort."



The Hupacasath First Nation filed a judicial review stating the FIPA was an 
infringement on inherent Aboriginal Title and Rights and due to a total lack of 
consultation the band council was compelled to launch a challenge under Section 
35 of the Canadian Constitution.



"The Union of BC Indian Chiefs refuse to accept the Government of Canada's 
argument that there is no 'causal link' or 'potential adverse impacts' on our 
constitutionally-enshrined and judicially-recognized Aboriginal rights and the 
ratification of FIPA. The Court wholeheartedly accepted Canada's argument. 
First Nations leadership across this country are facing a federal government 
who stated in court that they do not need to nor ever intend to ever consult 
any First Nation regarding any trade agreement. The Court responded this total 
lack of consultation 'would not contravene the principle of the honour of the 
Crown or Canada's duty to consult' That is absurd, unconscionable and 
incredibly offensive," said Grand Chief Stewart Phillip, President of the Union 
of BC Indian Chiefs.



The Hupacasath First Nation was supported with legal affidavits from Serpent 
River First Nation and the Tsawwassen First Nation along with the Union of BC 
Indian Chiefs and the Chiefs of Ontario. As well, Leadnow.ca, the Council of 
Canadians, Avaaz, BC Federation of Labour, BC Teachers Federation, Canadian 
Auto Workers, Communications Energy and Paperworkers Union, KAIROS and 
ForestEthics fully supported the Hupacasath First Nation judicial review.



For further information contact:

Brenda Sayers, Hupacasath First Nation: (604) 684-0231

Grand Chief Stewart Phillip, President, Union of BC Indian Chiefs: (604) 
684-0231

News release online at:
http://www.ubcic.bc.ca/News_Releases/UBCICNews08271301.html#axzz2dD6QC9iX


[Non-text portions of this message have been removed]



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