“Jane Doe” SLAPPs Back! Defending Lawsuit to Silence & Intimidate Anti-Fracking Protests

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On the Front Line for YOUR RIGHTS – Human Rights Defenders are NOT terrorists

Note:  We are working with groups and individuals to defend against illegal actions by government, police and corporations… we welcome others who are challenging similar problems in their communities.

This page contains links about defending the injunction and SLAPP lawsuit that SWN Canada laid against me and others, including “Jane and John Doe” — it contains links to pages with a lot more information, including my work as a woman protector of the lands and waters.

The “Jane Doe SLAPPs Back!” Statement of Defence is bringing the fight to a national and international level… and is joining the struggles of ALL peoples against destructive corporations, especially fracking. It is one of the steps in a global challenge to uphold the rights of the People of the Earth.

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Information from: Media conference – 11 a.m. Wednesday, December 4, 2013 Moncton Public Library, 644 Main St. Moncton, New Brunswick December 4, 2013

“Jane Doe” SLAPPs Back!

NB Activist is Defending SWN Lawsuit to Silence and Intimidate Anti-Fracking Protests

Willi.Nolan_JaneDoe_press_conference.4Dec2013

Community activist Willi Nolan was named in a SLAPP suit (Strategic Litigation Against Public Participation) by Southwestern Energy Canada (SWN) for lost profits due to peaceful protests in New Brunswick. When SWN tried to discontinue their SLAPP suit against her – and only her – she took the opportunity to join herself with “Jane Doe” – every woman in the province who is opposed to shale gas development and filed a statement of defence.

By representing Jane Doe in the SLAPP suit, Nolan says she is protecting the voices of the people SWN is trying to silence and the water, plants and animals in the Mi’kmaq District of Signigtog. “A SLAPP is intended to silence public opposition. When SWN included “Jane Doe,” they attacked any woman who even spoke in favour of a protest or blockade, refusing shale gas, anyone who knows their rights and lives are being threatened and anyone who wants environmental protection laws to be enforced.” “The truth is, “Jane Doe” is all women in New Brunswick… the pensioned school teacher who signed the petition against fracking, the 10-year old girl who always felt safe at the peace camp, the woman arrested for praying, afraid that SWN will poison the land that her family has held for generations… the woman who’s already sick, she can’t afford to have her water poisoned… the news reporter on her beat.”

Nolan questions whether SWN’s injunction and lawsuit is actually legal, “It is not clear at all. Exactly what does SWN mean by launching an action against “Jane Doe”? Do they mean active protesters, all protesters, all persons in New Brunswick? Why is the province joining in to help SWN sue and place injunctions on us? The claims are so vague, why did the court grant the injunction and lawsuit in the first place?”

No representation has come forward yet to present Jane Doe’s concerns or defences, so Willi Nolan filed a defence in the New Brunswick courts, keeping her vulnerable in the lawsuit. “Until there’s satisfactory legal representation for the serious public concerns of all the unnamed people that SWN has acted against, I will be seeking justice. If necessary to resolve these matters, a counterclaim will be filed.”

Last month, Willi Nolan spoke on behalf of the Clan Mothers of the Mi’kmaki District of Signigtog. “The facts are, the lands and waters are subject to First Peoples’ authority. No true authority of the First Peoples has ever given SWN or the provincial government any mineral or water rights. Free, prior and informed consent was never given. SWN was evicted, those provincial permits are not valid.”

With doubts about the lawfulness of the “permit,” injunctions and lawsuits, Nolan says that continued protest and confrontation can be expected. “Every day, I pray that the attacks this fracking company is behind stop harming our people. So many have already been traumatized by police attacks, SLAPP suits and intimidation against witnesses who haven’t ever had a chance to be heard by the court.”

Willi Nolan has asked SWN to drop the SLAPP suits completely. “They should file their issues with specific people separately instead of inventing some broad conspiracy to trap people. Their lawsuit tries to make people give up their right to protest and protect their homes and our precious clean water and lands.”

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For more information, please contact Willi Nolan <willi [at] web [dot] ca> and Sierra Club of Canada Atlantic Chapter (902) 444-3113

Related documents available online:

WILLI_NOLAN_JANE_DOE STATEMENT_OF_DEFENCE – filed in New Brunswick court of Queen’s Bench on 26 Nov 2013  https://docs.google.com/file/d/0B5JmzR9UoeLQYUFsdHh3OEVpajQ/

Sierra Club Canada – Atlantic Chapter –

http://atlantic.sierraclub.ca/en/media/release/press-conference-jane-doe-make-her-case-vs-fracking-company-swn-resources

http://atlantic.sierraclub.ca/en/we-are-fracking-out   http://nb.referata.com/wiki/Main_Page

VIDEO: Jane Doe SLAPPs Back! SWN Resources new tactic: suing individual activists APTN http://aptn.ca/news/2013/12/05/swn-resources-turns-new-tactic-disrupt-protestors-new-brunswick/

BACKGROUNDER PRESS CONFERENCE: JANE DOE SLAPPs BACK!

Moncton Library, 4 December 2013

The Statement_of_Defence which I submitted as Wilhelmina Nolan as named defendant and/or “Jane Doe” is about 23 pages long… Today I am offering a few highlights to let the people of New Brunswick know how I am trying my best to represent all of our interests under the Rule of Law.

 

ISSUE:

Southwest Energy (SWN) Resources has launched a SLAPP lawsuit against New Brunswick citizens. In it, they also named “Jane Doe” and “John Doe” as being responsible for costs they are claiming from individuals who were opposing their operations. A great number of New Brunswick people are attempting to protect their land, air, and water from being ruined by SWN shale gas exploration and development (fracking). Jane Doe will speak out in response to SWN’s suit in Moncton on December 4th, 2013

 

Main Problem:

Because of the injunction & lawsuits laid by SWN, law abiding citizens are being placed under threats of criminal records and loss of their properties. Our people’s civil and political and human rights to speak against these threats are being violated

 

Nature of My Work:

I have dedicated many years to my ministry in NB; I often engage in constructive actions and debate on matters of environmental health protection. My work is guided by scientific consensus on issues such as climate change and risks from dirty energy like hydraulic fracturing. I speak out and educate on grave risks to world ecology and peace. This work is in and for the public interest, for public benefit. I strive to be peaceful and respectful of all people.

 

SWN Allegations About Unlawful Behaviour:

I don’t know how any of the “damages” that SWN claims could be attributed to myself or any person (“Jane/John Doe”) SWN cannot or will not identify.

I did not order others to blockade and don’t know anyone who did – only saw RCMP blocking public roads.

I don’t consider myself or any “Jane Doe” working for the public good to be a nuisance, radical or troublemaker – this is slanderous.

As Rev. Martin Luther King Jr. said before me, “In no sense do I advocate evading or defying the law” By opposing these dangerous developments, I am expressing the highest respect for the law. I wish the government, RCMP and SWN would do the same.

 

Non-Enforcement of Environmental Laws by RCMP & Alward Government:

Premier David Alward admitted there was inadequate monitoring and enforcement for shale gas operations when he was in opposition … it is still true.

RCMP stated in a public meeting:

i) they do not enforce the Clean Water, Clean Air or Environmental Protection Acts… denied any authority or discretion to enforce the Act, did not know policing regulations in this regard

ii) Re: Native Spirituality & rights, responsibilities to protect the lands & waters – they “don’t deal with that kind of thing”, “not their job”, their mandate is only “offences under criminal code”.

iii) RCMP oath is NOT to uphold the honour of the British Crown OR protect residents & Original people; they were hired by NB only to enforce “certain” Acts NOT including environmental protection

iv) they did not know what law gave the province the right to issue permits to SWN

v) they were NOT AWARE that the Signigtog Grand Council issued an Eviction Notice to SWN (OR) that under collective right of the people of Signigtog a Directive was issued to SWN to stop their operations

 

Civil Wrongdoings by NB Government:

I believe the province has committed unconstitutional acts, crimes, by attempting to circumvent the law and provide permits for SWN to operate in New Brunswick. (statement ref. ‘impermissible self-help’):

i) are not adhering to their duty to obtain free, prior and informed consent of First Peoples– instead, it is claiming that it issued legal permits to SWN

ii) defied direction of its Chief Medical Officer of Health who spoke to protect public health  and against proceeding with shale gas development without further study – the available evidence of risk to public health is too great to ignore – the Canadian Medical Association and NB physician groups also spoke against proceeding without further study.

 

Treason/Misprision of Treason & Authority of Original People of Wabanaki Territories:

Questions re: Serious Concerns About Harm to the Crown 

1. Is the Alward government levying war against the Wabanaki Confederacy without an actual declaration of war (Is the government of Canada complicit?) by instigating armed invasions of Wabanaki/Mi’kmaq/Commonwealth territory? Does the province intend to dissolve the Crown alliance/treaties with the Wabanaki Confederacy?

2. Is the Alward government’s “beachhead” plan for shale gas & pipelines intending to overthrow or remove New Brunswick from the British Commonwealth?

 

Past Actions by the Province Supporting the Demand for Answers to the Above Questions:

* NB attempted the sale of assets with unclear title claimed to belong to NB Power

* NB assumed jurisdiction and possession of reserved native lands but it has no proven claim; Original people of these lands have been disputing the province’s jurisdiction and possession of these lands for many years.

* The NB court, by granting the SWN injunctions, is presuming jurisdiction above the Rule of Law as expressed in the Constitution, omitting to uphold the duty of the Crown by allowing attacks on “Aboriginal” people and their allies to protect a foreign based company. This is, in effect, allowing foreign attacks upon the Crown citizens and allies and makes the province either complicit with or failing to prevent treason – a punishable high civil crime.

* NB appears to have abandoned its obligations under the Covenant Chain of Treaties… the Crown rights or jurisdiction (in this instance) is in doubt. I am particularly calling upon NB to attend to their obligations under the Treaty agreement made with the Two Row Wampum.

* NB is ordering RCMP attack on peaceful protesters – abuse of authority/police resources

 

Jane Doe and John Doe

It is impossible to presuppose the motives and perceptions of we “Jane Does” as a legal Class – I am asking the court to dismiss the SLAPP suit against all un-named parties. SWN must specify exactly who it intends to attack with their lawsuits.

 

Corrupt pattern of Governance re Energy Policy

‘Orimulsion’ – a gross failure of due diligence to assure energy supply that resulted in billions in losses to NB Power

Point Lepreau refurbishment was called “reckless” by Lloyds of London and carried on against expert advice and against the recommendations of the Public Utilities Board Regarding shale gas development, there appears to be a conspiracy with private commercial interests, notably Irving and SWN, against the public interest.

 

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REFERENCES

Misprision http://www.duhaime.org/LegalDictionary/M/Misprision.aspx “Offence in aid of the most seriously punished crimes in the ancient common law of England.” “A misprision falls just short of the most serious offences such as reason of other felonies which were anciently punished by death (eg. treason or sedition).” “the concealment of treason. If an individual became privy to words or plans which were treasonous” they had an obligation to report same to the authorities.

High Treason http://www.duhaime.org/LegalDictionary/H/HighTreason.aspx “Treason as against the monarch, king or queen, or his/her government.” “In the South African Law Journal, C. Snyman wrote: “… high treason is the unlawful intentional commission of any act with the ‘additional intent’ to overthrow or coerce the state.”

Sedition http://www.duhaime.org/LegalDictionary/S/Sedition.aspx “The speaking or publishing of words which excite public disorder or defiance of lawful authority… exciting feelings of ill will and hostility between different classes of her Majesty’s subjects… embraces all those practices whether by word, deed, or writing, which are calculated to disturb the tranquility of the state, and indeed ignorant persons to endeavor to subvert the government and the laws of the Empire.” U.S code (at Title 18, §2384 (see also §2385), defines “seditious conspiracy”) “… by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.”

Casus Foederis (Alliance) http://www.duhaime.org/LegalDictionary/C/CasusFoederis.aspx “… the event upon the occurrence of which it becomes the duty of one of the allies to render the promised assistance to the other… in the case of a defensive alliance, the casus foederis occurs when war is declared or commenced against one of the allies. Treaties of alliance very often define precisely the event which shall be regarded as the casus foederis.”

David Alward comments to New Brunswick legislature regarding water supply and shale gas development in New Brunswick. Journal of Debates (Hansard), Legislative Assembly, Province of New Brunswick. Daily Sitting 61. April 6, 2010. pages 21-24. https://docs.google.com/file/d/0B5JmzR9UoeLQcUxGSTZwd2RMNjA/

RCMP Public Statements re Non-Enforcement of Environmental Laws and Signigtog District Mi’kmaq Authority https://drive.google.com/file/d/0B5JmzR9UoeLQVWwyTmVUR2hrbTg/

Directive to SWN from Signigtog People http://nb.referata.com/wiki/media_release_SWN_Forced_to_Pay_Damages_and_leave_New_Brunswick_Signigtog_Migmag_Issue_Historic_Directive_to_Fracking_Co

SWN Eviction Notice From Mi’kmaq Grand Council http://nb.referata.com/wiki/swn-issued-notice-of-eviction-by-geptin-mikmaq-grand-council-signigtog-district

Covenant Chain of Treaties http://www.peacecouncil.net/NOON/2row/docs/VenablesonTwoRow.pdf

Two Row Wampum http://en.wikipedia.org/wiki/Two_Row_Wampum_Treaty

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Read more background information with links to court filings:

NB Referata Wiki – Main Page – http://nb.referata.com/wiki/Main_Page

You can find links to Support Willi Nolan’s Spirit Led Activism  here