Comparing Coutts border protest to Indigenous land defenders inaccurate, says Alberta premier

Premier Jason Kenney said comparing police responses at Coutts, Alta., to police responses to Indigenous land defenders is “inaccurate,” calling the situation at Coutts very fluid and complex.

In an interview on the Shaye Ganam show on Wednesday morning, Kenney said operational issues have prevented Alberta RCMP from enforcing the law at the border crossing, citing difficulties obtaining towing equipment as an example.

When asked how he feels about the allegations that the law doesn’t apply equally to different groups, Kenney said he “doesn’t like it one bit” and referenced the province’s Critical Infrastructure Defense Act (CIDA). The bill allows law enforcement to fine and arrest individuals blocking critical infrastructure such as highways and railroads.

“It is never lawful to block a railway, and I’ve seen with much frustration those kinds of blockades go on, sometimes for weeks. I think that is wrong,” he said.

The comment comes after questions arose about the fact that the bill has not been used as the Coutts border protest enters its 12th day, frustrating truckers and residents on both sides of the border.

The CIDA was passed in May 2020 in response to protests and railway blockades that were organized in solidarity with the Wet’suwet’en hereditary chiefs opposed to the construction of the Coastal Gas Link natural gas pipeline.

According to the legislation, each day a site is blocked or damaged is considered a new offence.

Last week, the Athabasca Chipewyan First Nation chief and council said if the Coutts protest was organized by Indigenous people, authorities would have responded quickly to remove it.

“It is important to recognize the disparity between how Indigenous and non-Indigenous protests are approached by our government. It is shocking to see this blatant disparity as we watch the complete government inaction to address the blockade at Coutts,” the First Nation said in a statement.

“If peaceful protests of critical infrastructure at Coutts is allowed, then we expect the same to be true in the future should Indigenous people engage in similar forms of protest.”

Jennifer Koshan, a professor at the University of Calgary Faculty of Law, told Global News last Thursday that the criticisms are valid.

“It certainly seems like the actions of the truckers and the other people engaged in the blockade in Coutts fall within the scope of the CIDA, so it is a fair question to ask why the act is not being used in these circumstances,” she said.

But Kenney maintains the protests at Coutts are illegal and dangerous.

“We’ve made it clear to the RCMP and our provincial police force that the government and the public expect the laws to be maintained, but they are responsible for enforcement decisions,” he said.