Inside a peaceful protest that stopped a pipeline

Jordan We all thought for no particular reason that maybe you could use a good story about a protest today, a story about a peaceful protest a creative protest, a protest that slowly but surely, converted the surrounding community to join the cause, and rallied them to work together a protest. In short, that worked.

News Clip Water protector Cheryl Maloney says the years of opposition against Alton gas finally paid off. Last year the Nova Scotia Supreme Court ruled aboriginal title and treaty rights were not engaged in the consultation process.

Jordan I don’t know how much attention you paid to the industry. But it is no small thing to make an oil and gas company walk away from a pipeline. And this was done without threats or intimidation, merely by understanding the laws on the books, working within them, and bringing allies one by one into the fold. So just in case like many Canadians, you have had enough of protests these days. Just remember, no matter the cause, a protest done right, can enact real change. And today, we’ll give you a pretty good blueprint for that.

I’m Jordan Heath Rawlings. This is the big story. Cheryl Maloney is a Mi’kmaq woman and a former National Environment coordinator for the native Women’s Association of Canada. She is one of the leaders perhaps though she might deny it the leader of the protest. Hi Cheryl.

Cheryl Maloney How are you?

Jordan I’m doing very well. Thank you so much for taking the time to talk to us today.It’s not often that we get a good story relating to a pipeline.

Cheryl Maloney I know we were shocked. But there’s a I think a lot of good people were involved in this good story.

Jordan Well, why don’t you first begin by just telling me about the land and the river system that you guys were fighting to protect? Where is it? What’s it like? Describe it, take us there.

Cheryl Maloney Well, you know, we’re on the highest tides in the world. It’s the Bay of Fundy. And every day, the river, the minus base, and it narrows and the tide comes in. And as it narrows, there’s an intricate system of rivers that are attached to it. And I live actually on the Shubenacadie River, which is one of the rivers that attach to the minus basin. And every day, twice a day the tide comes in and goes out. Now the river system parts you can walk the ocean floor, you’ll see the mud flats, and hit different parts of the day in different times and seasons. Sometimes the water is salty, and then sometimes it’s fresh. And sometimes it’s in between. Hmm. So it’s just the most unique river system in the world. There’s nothing like it and therefore the highest tides in the world. And so that’s that’s what we watch. And you can sometimes see the rafters, you know, ride the tide in. I’ve seen surfers ride the tide. And it’s just quite beautiful. And to see and feel the energy when you hear the tidal bore coming in. It’s it’s magnificent. But it’s a muddy river. It’s a brown river, it’s, you know, you you wouldn’t say oh, look at the pristine river it but it is it is so beautiful and majestic.

Jordan In the community there who uses the river system, and what do they use it for? And get out of it?

Cheryl Maloney You know,everybody used it. And when I was doing the work on, you know, the advocacy around Alton gas, I always assumed that my family came from the Shubenacadie side of the river system. But a young law student and researcher came to the site where we built this truck house and we’ll talk about that a bit. And he said, Cheryl, this is where your great great grandfather your great grandfather was raised to. And he had done research and found research that the land where they were actually opening up these pipes was where my direct ancestors used to live prior to colonization. And one of the things he was telling me was how plentiful food and resources were we had both the ocean and all the species that come through it and then all the the land and the animals that were surrounded that area and that we we really didn’t have to travel a lot during the winter in the seasons because it just provided so much for us. So that river system supported my direct ancestors, my nation, but also our neighbors. Twice a year. The bass are run in and my river just becomes full of anglers from all over the territory is it’s just an amazing piece of, of who we are in Nova Scotia, not just the magma but us as the Nova Scotians. And the work we did with Alton gas really brought together all those people that are tied to the land, not just the Mi’kmaq that I know, we feel tied to the land, we feel the energy of our ancestors in our history there. But Nova Scotians stepped up. And they were a part of this work. And it’s just quite beautiful. Actually.

Jordan If you can remember it. Can you take me back? And tell me about the moment that you first heard there was a proposal for a pipeline involving these rivers? What was your very first thought or reaction?

Cheryl Maloney Well, you know, I was having a glass of wine in a little bar in my basement, Martin were surrounded by fields, there’s no bars in this town. So I created a little bar, my brother came, and he was sitting there with my sister and, and he said, There’s pipelines in the ground, and they’re going to start brining dump in salt brine into the rivers. What do you mean, there’s pipes in the ground, there’s some pipes in the ground here, I live here. And so he’s telling me about this project and the next day, and we start calling around, and sure enough, there were pipes in the ground from eight years ago, where work had started. And the apparently the funders pulled out of this project. So all these provincial permits were passed in, I think, 2008 2000 6-7-8 research in 2004, or five, and they lost the funding. So the project literally just died. And then they got new funders, and they dusted off those old permits and started working without any community consultation. And that is where, you know, we got involved, and the chiefs are just getting started to get new letters again, after I think eight years of hearing nothing on this project. So they were trying to, you know, slide it under the rug and and hoping nobody would know, or say anything about it. But then we found out. I told my brother, I said I can’t. I’m so busy. I can’t possibly get involved with something like this, like I don’t know. And he thought I’m the only one that can do it. Fine, I agree. Fine. Let’s do something.

Jordan Before we talk about what you did, and what the community did, you touched on it very briefly, but maybe can you explain what Alton gas wanted to do specifically?

Cheryl Maloney Well, they wanted to because of the unique geology in Nova Scotia, we have all these were small little island of Bay and Fundy. And we were very muddy. We have like a red mud on one side of our province. On the other side is the ocean, more of a traditional rock and, and surfing ocean and sandy beaches. But the side on our side is all surrounded the Bay of Fundy has all these salt caverns within our geology. And they wanted to empty the salt caverns to store natural gas. And I guess it’s been done several places in the world and with problems and sinkholes and all kinds of concerns about it. And now they’re trying to do something similar to that in a very unique geology in a small little island in Nova Scotia, and thought we could handle it. And so they wanted to empty the mountain store natural gas, and they wanted to empty it by piping, the brine, the salty brine and all the mess that goes out into our river. And they thought the tide would take it out every day and bring it back in, you know, but during our work there, we watched one bocce loose, and every time we watched it go back and forth, back and forth. It never went out to the ocean, right? And then everyone for upstream, it went back and forth. And we thought they’re science and good. And it wasn’t good. We ended up doing our own science.

Jordan So let’s pick it up there then maybe you’ve had two glasses of wine, you say Fine. I’ll do it. How did the protests begin? Where did you start?

Cheryl Maloney Well, you know, I have a law degree and worked in the environment. have done lots of advocacy in my life. And the first thing I thought is, if I don’t know, and I live on this river, nobody knows. So our first job was to make sure Nova Scotians knew about it. So treaty day was coming up October 1 And that’s a there’s lots of news coverage and everything in Nova Scotia. There’s pomp and ceremony and only have our treaty Day celebrations. In Halifax with the premier province house. So this particular treaty day, instead of celebrating, we organized a highway slowdown, and we were scared to do a highway slow down, we don’t want to interfere with anybody’s life, their livelihood, you know, their commitments their family. But we thought that it would be the best first step to make sure that Nova Scotians knew about this project

News Clip 2 Enough where water man stand up for a visionary environment, all this beautiful life.

Cheryl Maloney And it was very successful. Because that treaty day, we had media coverage from across the country and every major network. And then all of a sudden, everybody knew about this project that they tried to just, you know, start restart after eight years of being dormant. I remember going looking for the premier treaty day and couldn’t find him anywhere. And I love him, you know, we have a, I wouldn’t say a love hate relationship, but certainly a challenge in relationship with respect where where it’s due. But we we did call out the province. And it wasn’t any one particular government thing wasn’t the conservatives, the liberal or the NDP, because this project had been rubber stamped two years ago, you know, each consecutive government did the same thing, rubber stamping. And it was a challenge. Just there was just so much work that went into it and, and a matter of learning. So the first step was community awareness. And I mean, the Nova Scotia community. And I remember being on the side the road just prior to 11 o’clock, it was about 1030. And nobody was there. And um, you know, I did media releases, we’re going to shut down the highway. And we painted the signs, and we did all the work. And the wind is blowing and I’m holding our park together and CTV News, Rick Grants there and Rick’s covered some of my work in the past. And he interviewed me. So while we might as we’ll interview while you while no one’s here, and I’m like, Well, I hope people come. And, you know, he looked at me and he said, you know, he said, Cheryl, do you think you can stop this? He said the pipes are in the ground.

And I remember looking at him and nobody there and I’m holding the tarp together and like yes, for grant I think we can and I never forgot that moment. And then I look down the little path of the little overgrown path roadway to the highway where we’re holding our slow down Highway slow down and I seen this little lady and a man Annabelle in store, Marshall table. And she was limping. And he was carrying their chairs and they were carrying this sign and they were hanging on to each other. And i My heart just filled to see one anybody coming. But to know that this issue was important to Nova Scotians that, you know, these elders came out. And they made it their day. And Annabelle was one of them ended up being one of the most committed persons to this some this project. And you know, she’s just a little old lady that’s been at almost everything. But her name isn’t in the news. She isn’t being on the podcast. But she was a very important person in first step. And, you know, a lot of Nova Scotians joined after that, you know, the neighbors, the fishing associations, it wasn’t just Mi’kmaq. And I It warms my heart to realize that it’s not just Mi’kmaq.

Jordan I know it was years in the making. So how did the protests evolve over time, as you kind of gathered momentum or learned what, what worked and what didn’t?

Cheryl Maloney Well, you know, we started you, because I have a law degree and our community has been to the Supreme Court of Canada twice. My father was a staunch advocate for Aboriginal treaty rights, but especially our treaties and and taking them to the Supreme Court of Canada and winning. We knew the law, and we knew indigenous law. And so one of the first things we did was at the point where they wanted to dump brine into a water. We looked at the Supreme Court of Canada decisions of our versus Simon, where it was acknowledged that the treaty is good today is a date was signed. And one of the clauses in the treaty was that we’re allowed to make a Trump house on those Shubenacadie river for the purpose of trade. What that does is it gives us legal rights for all Nova Scotians to come to the river site to trade with the Mi’kmaq. So then all of a sudden, the people that were afraid to come to this site because often had these trespassing signs, and we’re going to call the cops and security and once we built the truck house on that site, everyone was then allowed to go. And they all had a constitutionally protected treaty right? To come to the river site. And people started coming, Nova Scotian started coming, the media started coming, they would come and they would see the majestic river, they would see the title board, they would see the mudflats. They could see the the site that you know the damage that they were trying to do. It was I think a key point.

News Clip 3 Well, they can’t move us here because of the 1750 EU treaty that they made with our people. Section four says we can have a truck house for trade and anywheres of our resort. Because the treaty is stronger than provincial law.

Cheryl Maloney So it went from being an indigenous issue to an educational piece for Nova Scotians. To that this is it’s it’s real about this treaty, and the rights that go with it belong to all of us. And in Nova Scotia. We’ve been coining that we are all treaty people concept. And I think the work we did with Alton and some of those strategic pieces that we did, and building that truck house, it’s cemented our relationship with Nova Scotians that we are indeed all treaty people. And that we indeed share these resources and the relationship and their responsibility to that relationship was realized in this work.

Jordan Was that the one thing that did it, the truck house and the ability to bring people on to that land?

Cheryl Maloney I believe it was a critical point. The other point that was I think really a moment was when the Mi’kmaq from seven directions seven districts so it wasn’t just the Mi’kmaq in Shubenacadie, or the first nation community adjacent to this project. We had Mi’kmaq from all over the territory calm because this was a highway for Mi’kmaq Mi. And it was a gathering place and there’s so much history to it. But we had Mi’kmaq from all over and then so the company would try to say we’re going to deal with the First Nation band Office Chief and Council. One day we had Mi’kmaq representatives and we each took eel traps, there was a man-made island because Alton dug this channel out. And when they made their channel, they created a little landmass in the river system. So they were saying you’re in our trespass and you’re on our channel, our mixing channel. And I’m saying no, this is now an island. And we coined this little island treaty Island.

And I remember the day we went over there and they call the cops we took our boats over and we had lobster traps, we put a teepee up that day, and they’re calling the cops and they’re yelling at me and I’m like, okay, as I’m coming. I’m sitting there saying, you know, I’m not practicing environmental, marine law or anything. But I know the law. I said, and I think we’re okay here. I think we’re okay, the law will protect us. But instead of going to court or doing research or anything, we went over with our traps, and our members from all over the territory. And we dropped eel traps in the mixing channel from treaty Island. And nobody could stop us. So instead of us trying to prove the law, we let them try to prove that we were wrong by being there. And the police came and the police left.DFO came and they looked in there and they said, you know you’re not really doing anything you’re not allowed to be doing the Mi’kmaq have a constitutionally protected right to fish. And I think that was the other key moments was now in order to remove us. Alton gas would have to go or the crown would have to go all the way to the Supreme Court of Canada to justify infringing upon our constitutionally protected treaty and Aboriginal rights to fish adjacent to the Shubenacadie River in, you know, adjacent to the truck house which is also protected and constitutional. And I think those two pieces were the critical legal strategy that stopped it.

But the advocacy that was happening all around and happening the years since there was so many groups, organizations, residents, doing research, people that lived adjacent to the, those sites where they were digging the caverns, they had binders and binders there was individuals that were just, you know, doing research, trying to find out what permits were needed. And you know, what helped a lot to was the media. And I remember when, you know, when they left, I always call him on and say, you know, they’re not to make you look bad or anything else. They do a job. And I remember saying, Well, we know we’re waiting for some permits, and we couldn’t get answers from anybody. But they went right there. And they asked the questions, and they came back and report in the news that there was a permits outstanding. So you know, it’s very strategic in the work you’re doing and how you use all the moving parts, whether it’s law, whether its citizens, the media is useful. And I remember one time I was in the hockey rink with a non native hockey dad. And he goes, Oh, that’s just a Mi’kmaq thing. And I’m like, No, it’s not. He said, I looked at the media coverage. And there was one one newspaper front page, it said, Mi’kmaq protesters. And I looked at the pictures, and there’s Annabel and a group of non-Indigenous, there’s fishermen, their residents, and they weren’t all Nigma. But the front door in the headlines was magma protesters. And I said, Okay, he’s right. It’s It’s not coming off that this is everybody’s story. And then everybody has a role to play. So I remember the next, the next intervention we did, it was based on the residents that lived right adjacent to the cavern sites, and they were just families and retirees that build houses at the end of a dead-end street in rural Nova Scotia. Can you imagine buying your house, nobody around. And then all of a sudden, there’s trucks going by every day, there’s bright lights from the the cavern sites that don’t stop there’s noise, traffic noise, air pollution, light pollution, sound pollution. And nevermind that they’re digging out from underneath your home deep under the earth, and there’s something you could do about it. So our next intervention was with these people my said you guys have to do your story. And I remember we planted and all the Mi’kmaq stayed away. We could not be there. If there was one Mi’kmaq person, there would have been a Mi’kmaq protest. So we all had to stay away. And I know the residents that were like, oh my god, we’re scared. We don’t know we’re going to do and so they were going to caravan to the front of the Alton gas cavern site and block them in and read their statements of the impact it had on them. And I remember one of the ladies though, that was so afraid. She came back and she said, Cheryl, I don’t know what happened. I don’t know what happened to me, she said, but I was leading the caravan to the front entrance. She said in this big trucks were trying to come out. She said I don’t know what took over me. But I just stepped on it. And I drove right in front of them. And I slammed on the brakes, a nice spend in front of them. And I stopped this caravan of trucks. And I’m like, she went too far.

But the news change the story changed. Other people’s stories were being told. And I think that was an important and very strategic part and led to the success of you know, stop in this pipeline. People want to tend to ignore it when they say it’s just a native issue. Stop in a pipeline for whatever reason. In Nova Scotia, we were able to work with all Nova Scotians. And in the beginning, they were telling us it was a benefit to Nova Scotia. They said there was only two or three jobs ever going to be from this shutting the brine off and on. And they were saying that it was going to give us cheaper natural gas, but the more we researched and found out there was no plans for that natural gas to be extended to rural Nova Scotian communities. It just wouldn’t have made any any sense we were a small population were scattered, you know, they’re not going to build a pipeline 10 miles up the road to get two or three farms, right. And the more we found out, it was about the US markets would be stored in Nova Scotia, and the pipelines would be going to the United States. And it was about fracking, fracking and storing and using us for the benefit of the, you know, the US markets and for industry. And I think, by holding this project off long enough, and getting more Nova Scotians involved, we seen what the real picture was.

Jordan And so was that ultimately, the key to victory you just got in their way for so long with various loopholes and various treaties that that they ultimately packed up and abandoned. Tell me how it ended?

Cheryl Maloney Well, you know, I remember I was there for a number of years and involved with all of the movements. And then one day the the drills left, Nova Scotia, they said they’re wasting them by having them sit in there. That drills left Nova Scotia to be used elsewhere. And at that point in time, I kind of felt like, I’m going to go home and rest. There was still lots of advocacy, research, fundraising events, films being made. But I decided I’m going to rest at that point. I think that that project ended then. I think it ended then because the next number of years, you know, they went to court, they tried to sue my band, I was on council, yes, I ran on council so that I could have the council’s position, you know, the right position, and the council did end up taking the court and challenging the duty to consult pieces. And that was another critical piece. Because they tried to one first bribe the community. And then when the bribes didn’t work, and I was on council still supporting the efforts against this project. They then said that they were going to sue the band for millions of dollars for every day of delay, because I was a counselor and I was part of the government. And so there was a time there were my chief and council or even afraid to go down to the site because they thought we could get sued. And the lawyers are telling them you guys could get sued. So I just I just one day, we had a sacred fire for three or four days. And I just said fine, I quit. So we blocked them in one day, I had a news conference at the gate of Alton gas and I’m coming I’m here I’m going to stay. I quit my job on council so you can no longer sue the band and shame on you guys. Shame, shame, shame, for trying to starve out impoverished communities that already live well below the poverty line. Our children are, you know, living below poverty at higher rates than anywhere in this country. And this multi-billion dollar company wants to sue them. So I quit. And you know, from one turn to the next. It was it was an adventure. And we won.

Jordan It’s a fantastic story. I think it’s one we can all take lessons from congratulations. And thank you again for sharing it with us today.

Cheryl Maloney You’re welcome. Thank you.

Jordan That was Cheryl Maloney. And that was the big story. For more from us. Head to thebigstorypodcast.ca Find us on Twitter @TheBigStoryFPN talk to us anytime. click here!] Yes, I am sure we will be back to covering a much more annoying protest sometime soon. But for now, isn’t it nice to reaffirm that change can happen calmly and peacefully. You can find the big story in every podcast player. You can find it in your smart speaker just by asking it to play the big story podcast. Stephanie Phillips is the lead producer of the big story. Joseph Fish and Braden Alexander are our associate producers. And right now Afua Mfodwo is our intern. Thanks for listening. I’m Jordan Heath Rawlings. We’ll talk tomorrow

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