Camp Fire Light court case seeks to uphold treaty rights

Treaties are a two-way street, with rights and responsibilities on both parties.

Non-Indigenous landowners in this country might not think about it, but our land titles trace back to treaties between the U.S. government and Native Nations. We have benefited immensely from these treaties and their legacy of cheap land.

The U.S. government coerced treaties, got vastly disproportionate benefits from treaties, and yet still broke treaties. Native Nations have struggled to enforce the few treaty provisions that benefit them. They deserve support.

A case now before the District Court in Clearwater County reflects an attempt by non-Indigenous people to uphold U.S. treaty obligations, specifically, that Anishinaabe people retain rights to hunt, fish, gather, and hold ceremony on lands they ceded to the U.S. government under the Treaty of 1855. (Full disclosure, I am a defendant.)

While the U.S. Supreme Court already has ruled that the Anishinaabe retain such rights under the 1855 Treaty, Clearwater County Attorney Kathryn Lorsbach is trying to relitigate the issue.

White Earth Tribal Court dismisses trespass charges against 3 Native Water Protectors

A year ago June, Indigenous leaders set up Camp Fire Light, an eight-day ceremonial camp held near the Mississippi headwaters. They established it to exercise their treaty rights to hunt, fish, gather, and occupy lands they ceded to the United States. They invited non-Indigenous allies to participate in support of treaty rights.

Camp Fire Light participants camped on the wooden matting Enbridge Energy installed to build the Line 3 tar sands pipeline under the Mississippi and surrounding wetlands.

Many Camp Firelight participants received criminal trespass charges in Clearwater County.

Several Indigenous participants had their cases transferred from Clearwater County District Court to White Earth Tribal Court, including Nancy Beaulieu, Justin Keezer, and Todd Thompson.

These three defendants asked the Tribal Court to dismiss their cases “on grounds that their actions were lawful exercises of sovereign Indigenous rights reserved in the 1855 Treaty and protected nonviolent direct action pursuant to the White Earth Tribal Code,” according to a news release issued on their behalf.

Last week, White Earth Tribal Court Judge David DeGroat granted their motion and dismissed their case.

PUC allows Enbridge to save hundreds of millions of dollars by shifting burden to future Minnesotans, and more

In this blog:

• PUC allows Enbridge to save hundreds of millions of dollars by shoving future pipeline cleanup costs onto Minnesotans
• Non violent treaty camp makes important statement, gets little media coverage
• Help protect wild rice from mining pollution
• This Day in History June 18, 1934: The Indian “New Deal” stops privatization of Indian lands

Line 3 and the erosion of public trust in the Rule of Law

Camp Fire Light members charged with “trespass” peacefully leave, receiving citations. (Photo: RISE Coalition)

The Rule of Law is fundamental to democracy, a basic guarantee of fairness. It means that people, companies, and institutions are accountable to laws that are understandable and publicly known. It means that these laws are equally enforced and independently adjudicated in court.

The state of Minnesota’s handling of the Enbridge Line 3 pipeline has severely eroded public trust in the Rule of Law.