Mediation_slow
It wasn’t until Tuesday morning that all of the parties to a mediation process concerning uranium exploration in North Frontenac gathered at Katie’s Pub at the Sharbot Lake Country Inn. And even then the mediation began with baby steps.
The mediation had been scheduled for Monday December 3, but Tracey Pratt, a lawyer for Frontenac Ventures Corporation, and the mediator, Richard Moore, were not able to make it to Sharbot Lake because of a snow storm.
Representatives from the Ontario government, and the Ardoch and Shabot Obaadjiwaan First Nations, did meet on Monday. They discussed how the mediation will be funded, and listened to a presentation by Ardoch Algonquin Elder Bob Lovelace on the history of Algonquin and European settlement in the Ottawa Valley.
On June 20, the Ardoch and Shabot Obaadjiwaan Algonquins occupied the Robertsville mine, a site that has been leased by Frontenac Ventures Corporation as a base camp for a 30,000 acre uranium exploration project. The land is claimed by the Algonquin communities since there never has been a treaty with Algonquins to cede the land to Canada or Ontario. The Algonquins wrote to Premier McGuinty, asking for the province to negotiate
Frontenac Ventures initiated a lawsuit, and eventually secured an injunction ordering the Algonquins to leave. When that did not happen, they initiated contempt of court proceedings. In early October Judge Cunningham of the Kingston Superior Court coaxed the parties to seek mediation, and delayed hearing the contempt of court proceedings until mid-February of next year. On or around November 5, Frontenac Ventures reclaimed the Robertsville mine site, and have initiated a 40-week exploration program, with test drilling set to begin in the 13th week if the program stays on schedule.
The date of drilling is important because the leadership of both Algonquin communities have vowed they will re-institute their blockade if and when the company attempts to bring a drilling rig on site.
It took until this week for mediation to begin in earnest, and negotiators came up with a meeting schedule that extends until February. Many of the details concerning the dates for negotiations, what will be discussed, or whether it will be an open or closed mediation process, have not been resolved. The protocol for monitoring Frontenac Ventures activities on the site has also not been finalised.
Steve Reynolds, the lawyer for the Shabot Obaadjiwaan First Nation, said he would prepare a proposed work plan for the next meeting, which is scheduled for December 17.
Meanwhile down in Toronto … Donna Dillman has now been at Queen’s Park for 10 days, as her vow to live on only liquids heads towards the 60-day mark. She is demanding that the government of Ontario conduct an inquiry into uranium mining before she will eat. Early in her stay she met with Premier McGuinty. She reported that he said he was “committed to maintaining the present level of 14,000 megawatts of electricity generated by nuclear”, and she responded to him by saying “Eighty percent of Canada's uranium is exported and the country has stockpiles estimated to last for 40 years at current levels of use.”
Since then several people have spoken out in support of Donna Dillman’s stance.
MPP Peter Tabuns, the NDP Environment critic, made a statement in the house early this week. He said, “The Ardoch Algonquin First Nation have repeatedly pointed out that the provincial government has failed to consult with them about uranium exploration on their lands. Communities across eastern Ontario warn how uranium exploration and mining will release contaminants into their drinking water supply, and farmland.”
Last week, rising in the House of Commons in Ottawa, MP Scot Reid made a comment concerning the Frontenac Ventures uranium exploration project and the mining act.
He said, “If the uranium deposit proves rich enough to warrant a mine, it will be the prospecting company, not the landowners, who will profit from selling the mineral rights. The land itself will be turned into an open pit mine and, in return, landowners will get essentially nothing”.
Finally, David Suzuki weighed in on the issue this week.
In a letter to Premier McGuinty, he said, “It appears that opening up uranium mines is part of the nuclear future [of Ontario], but they themselves have a terrible history of leaving a legacy of radioactive pollution. I know that in Frontenac County, there is potentially a large open pit uranium mine on what is the traditional territory of First Nations people. There is no way those lands should be exploited before settlement of the claims of FN people. I hope this is the government's plan.”
Eleven municipalities in Eastern Ontario have now passed motions requesting that the province declare a moratorium on uranium mining, including North, South, and Central Frontenac; Lanark Highlands; Tay Valley; the Town of Perth; and the City of Kingston.
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Feature Article - November 22, 2007Donna Dillman Rebuffed by McGuinty's Officeby Jeff Green
Hunger striker vows to take her protest to Queen’s Park.Donna Dillman is leaving her trailer outside the gate of the Robertsville mine this week, but she will continue her hunger strike, which is now 44 days old.After participating in a Green Party meeting on the weekend, Dillman will travel to Toronto, where she will begin a daily protest on the steps of the Ontario Legislature.
“It very much feels like the universe is moving me to Toronto. It is not my first choice, but there is a huge population there, and all the MPPs work there.”
Last Friday, Donna Dillman and a group protesters, went to Premier McGuinty’s constituency office, where she had made an appointment to meet with John Frazer, who runs the office.
“Since I had an appointment, I was surprised when Mr. Frazer informed me that I was not to be allowed into the building,” Dillman recalls.
According to Lynn Daniluk, who has been recording the uranium protest in a series of widely distributed emails under the heading “Uranium News”, “Mr Frazer said it was a matter of safety and that they never let protesters enter the building.”
Frazer also informed Donna Dillman that Premier McGuinty had couriered a response to the 11th letter that she has sent him since beginning her hunger strike.
McGuinty’s letter represents his first response to her, and in it he entreats her to end her hunger strike.
The letter says, in part, “I understand that you are staging a hunger strike. Let me say that, while everyone has a right to freedom of expression, endangering your health is not the answer to solving this issue. It is my hope, therefore, that you will reconsider your decision in this regard.”
“He is concerned about me endangering my health, yet he is endangering the health of all of our children with his policies,” Dillman said in response to McGuinty’s letter.
Although Donna Dillman is taking her message to Toronto, a band of protesters has vowed to maintain a presence outside the gate at the Robertsville mine.
Mediation date to be set today
In his letter to Donna Dillman, Premier Dalton McGuinty made reference to a mediation process.
“As I am sure you are aware, project stakeholders are currently involved in a 12-week mediation process. As the mediation is underway, and in order to ensure the impartiality of the process, it would be inappropriate for me to comment on this issue,” McGuinty wrote.
Richard Moore, an Ottawa-based lawyer and mediator, has been engaged to mediate the dispute between the Ardoch and Shabot Obaadjiwaan First Nations, the Province of Ontario, and Frontenac Ventures Corporation. At this time, it appears that the Government of Canada, and the Algonquin Negotiation Representatives, the body that is in the midst of negotiating a land claim that includes the 30,000 acre Frontenac Ventures mining claim, will not be a party to the negotiations.
Moore visited the protesters camped outside the Robertsville mine last Thursday. As late as this Monday, a dispute over the location of tents and port-a-potties by the mine gate threatened to scuttle the mediation, but a meeting between all of the lawyers is scheduled to be held at the offices of Neal Smitheman (Frontenac Ventures lead lawyer) to set up a first mediation meeting. It is expected the meeting will take place in the vicinity of Sharbot Lake, probably in early December.
Whether the mediation will be closed or open to the public in some way is yet to be determined.
In the meantime, Frontenac Ventures has stepped up its activities at the Robertsville site in preparation for the resumption of preliminary exploration activities.
Frontenac Ventures was locked out of their exploration site by the Ardoch and Shabot Obaadjiwaan First Nations on June 28, and only returned a week ago.
An information toll is being organized by the Ardoch and Shabot Obaadjiwaan First Nations for the Mississippi Bridge near Carleton Place on Saturday between 1 and 4 o’clock. It will be followed by a potluck sweetgrass social at the Maberly Hall from 4-9 pm.
Letters_08-02
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Letters - January 24, 2008 LettersDecember 20From the Algonquin Frying Pan to the Mohawk Fire, Jennifer Tsun, Nishnaabe Kwe, McDonalds CornersThumbs Up to Central Frontenac Road Crews, Marcie WebsterRunning Lights Don't Turn on Tail Lights, Bob MacPhersonFrom the Algonquin frying panto the Mohawk fireFrom the beginning, the Crown, Ontario and agents wanted the farcical mediation meetings to be held behind closed doors. Did they want to isolate the Ardoch and Shabot Algonquin "leadership" to make secret $deals$ over a supposed uranium mine? According to Indigenous law, such meetings that concern the people should be open to the people, as the Algonquins have repeatedly insisted.
Suddenly, Ontario says the meetings are open to the public but now they are to be held in Kingston, outside of Algonquin territory, two hours away from the affected community. Moving the mediation out of Algonquin territory is also a breach of Algonquin law.
However, this is a clear case of the proverbial "Out of the frying pan and into the fire!" Kingston is in Mohawk territory!
Why, we must ask, would the meetings be moved to Kingston? For whose convenience?
The new location was certainly handy for the Mohawks, perhaps too handy. When they changed the venue, the mediation team knew Kahentinetha Horn of MNN was planning to attend - Randy Cota and Bob Lovelace had invited her!
(In July 2007, the Algonquins sent a wampum to the Mohawks seeking their help in the blockade against uranium mining at Robertsville. Nuclear development on Algonquin land would affect Mohawk communities downstream. This official nation-to-nation agreement is ongoing.)
The mediation team was surprised to see a large delegation of Ongwehoneh women and men from the four Mohawk communities of Kahnawake, Kahensatake, Akwesasne and Tyendinaga.
The mediation team was even more shocked to hear Elder Kahentinetha speak in Mohawk to open the meeting according to Ongwehoneh customs and protocols. Ardoch Algonquin Negotiator Bob Lovelace sought to ignore her and defer to one of the Mohawk men. The Mohawks were not about to let the farce continue without exposing it for what it is.
The details of the derailed meeting are best described by those who were there. MNN has published an informative report that can be accessed at www.mohawknationnews.com. The outcome will become more apparent in the days ahead.
One thing's for sure from where I sit.
Mohawk people have tried to help us Algonquins over and over again since the uranium crisis began last June at the Robertsville mine site. From the Mohawk warriors who came to put their lives and liberty on the line at the mine site to Mohawk elders like Kahentinetha who publish the MNN articles in support of the Algonquin struggle, they have given their time and resources to us.
Yet I have been told that people in this community have been warned not to talk to Kahentinetha and not to talk to me. This is colonialism, intimidation and outright gangsterism. This is not the Nishnaabe way.
Indigenous people all over Turtle Island are renewing their alliances. The Mohawks are our nearest neighbours down-river and long-time allies. They have much wisdom and expertise to share with us. They cannot take over our land or ways according to our laws. They simply want to stop any desecration of the Earth such as a uranium mine would create. Together we must protect the Earth for the future generations.
Gratitude is an essential Nishnaabe principle. I would like to take this opportunity to thank the Mohawk women and men who took the time and had the courage to stand up for our rights. Nia:wen and Chi miigwetch.
Jennifer Tsun, Nishnaabe Kwe, McDonalds Corners
(Editor’s note: According to the leadership of the Ardoch Algonquin First Nation, Kahentinetha Horn had not been invited by them to the mediation meeting in Kingston.)
Thumbs Up to Central Frontenac Road CrewsJust wanted to pass on a "BIG THUMBS UP" to the Central Frontenac Road crew that has been working on the Townline Road. I have lived on this road for the past 13.5 years and I have never been as impressed as I am today with the plowing, sanding or grading that has been done in the pastseveral months. You are making my roads passable this year for my children to ride the bus safely and for me to get to work. I don't know what has been done differently this year than in past years, but please keep up the good work.
Marcie Webster
Running Lights Don’t Turn on Tail LightsOn Monday during the snowstorm, my friend Greg and I were watching the traffic and we noticed something that concerned us. The newer cars all have running lights, and so most of the cars were traveling along with headlights, but without any taillights on. They disappeared into the snow as soon as they were past, especially if the car was a light colour.
Perhaps people don’t realize that their running lights are just headlights, and if they don’t actually turn their lights on, they have no taillights.
So I just wanted to give people this safety tip: in bad weather, always turn your lights on.
Bob MacPherson
Uranium_08-03
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Feature Article - January 24, 2008 Frontenac Ventures drilling delayed by Jeff GreenWhile lawyers for Frontenac Ventures Corporation have taken the position that the company will be in a position to start drilling test holes for uranium on their 30,000 acre mining claim in North Frontenac as of January 28, the company’s project manager, Jamie Fairchild, said they will not be ready for at least another month.
Mediation talks between the Ardoch and Shabot Obaadjiwaan First Nations and the Province of Ontario, which have been subject to a media blackout, will resume early next week. The talks are aimed at resolving an impasse between the First Nations and Frontenac Ventures over the company’s right to explore for uranium on the site.
The Algonquin communities occupied the site between June 28 and mid-November, claiming that the permits issued to Frontenac Ventures were illegal because the government did not consult with the First Nations before issuing the permits. The mining claims are located on land that is included in the ongoing Algonquin Land claim.
The company returned to the site in November, and under a schedule they provided to Kingston Superior Court during injunction proceedings against the Algonquins in September, they agreed not to drill test holes for 12 weeks after entering the site.
“We never got started until after hunting season in mid-November,” Fairchild told the News this week, “and a foot of snow fell right after that, so we have not completed the geological work we need to do before drilling. Drill availability is also an issue. All of this makes it extremely unlikely that we will be drilling by late February.”
The leadership of the Shabot Obaadjiwaan and Ardoch Algonquins, as well as environmental activists that are maintaining a presence outside the gate of the Robertsville mine, where the company has its headquarters, have vowed to prevent any drills from entering the property.
Last week, Ardoch Algonquin negotiator Bob Lovelace held a press conference in Toronto to reiterate that Ardoch is prepared to resume their blockade if mediation talks do not result in a moratorium on drilling for uranium.
On Monday, John Davis, a monitor appointed by the Algonquins, was given a tour of the work that Frontenac Ventures has done on the site since returning in February.
According to Jamie Fairchild, the work has been limited to trail preparation since the snow cover precluded most geological work.
Even though the drilling deadline seems to have been pushed back, a court date is scheduled for February 13, where Judge Cunningham of the Kingston Superior Court is scheduled to begin contempt of court proceedings against members of the two First Nations and others. The proceedings were initiated in early October when a court injunction ordering the First Nations off the Robertsville mine site was ignored.
Meanwhile, negotiating teams involved in the Algonquin Land Claim are descending on Sharbot Lake for negotiations this week. Robert Potts, chief negotiator for the land claim, recently announced that an agreement in principle is three years away. Potts had originally hoped to have one in place by 2008.
Uranium_08-05
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Feature Article - February 7, 2008 Mediation breaks down: company denied entry By Jeff Green
A mediation process that had been ongoing since December in an attempt to resolve a dispute between members of the Ardoch and Shabot Obaadjiwaan First Nations and the Government of Ontario has broken down, and crew members from Frontenac Ventures Corporation were refused entry at the gate of the Robertsville mine on the morning of February 4, according the Shabot Obaadjiwaan Chief Doreen Davis.
The mine is the access point for the company’s 30,000 acre mining claim on land that is included in the Algonquin Land Claim.
Negotiations had been headed in the direction of establishing a comprehensive consultation process before uranium exploration could proceed, according to an email report from Robert Lovelace of the Ardoch Algonquin First Nation.
Lovelace wrote, “Both Ardoch and Shabot also conceded that after an extensive consultation which included research, information sharing and identification of community values that there might be the possibility of continued exploration including drilling.”
Things changed last Wednesday, when, according to Lovelace, Ontario negotiator Cam Clark insisted that some drilling would need to happen even during the consultation process.
A telephone conference between Clark and Shabot Obaadjiwaan Chief Doreen Davis last Thursday, (January 31) wherein Clark again insisted that drilling would have to take place during consultation, effectively ended the mediation process.
The two First Nations communities, along with their non-aboriginal allies, have blocked Frontenac Ventures crews from approaching the Robertsville mine site, which is the access point the company has used to their mining claim, on two occasions this morning (February 4).
They were turned back on Hwy. 509 north of the Ardoch Road and on the Robertsville Road just east of Hwy. 509, according to Chief Davis.
Security crews hired by the company remain behind the mine gate, and Chief Davis told the News that the protesters are planning to work out an arrangement with Frontenac Ventures which will enable the security crews to be relieved at the end of their shift.
“We would like the security crews to remain,” she said. “It is only the exploration that concerns us.”
Court proceedings are scheduled for February 14 to deal with a previous charge of contempt of court against the two First Nations and their non-aboriginal allies, although Davis said the matter may go to court earlier, given today’s events.
A court injunction by Justice Thomson of the Kingston Superior Court in August, confirmed in September by Justice Cunningham, granted Frontenac Ventures Corporation “unfettered access to the site.”
(More on this story as it develops)
Uranium_08-06
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Feature Article - February 7, 2008 Shabot Obaadjiwaan leadership backs out of RobertsvilleBy Jeff Green
File photo: Chief Doreen Davis leaving court after a hearing in August, 2007
In one day, it went from the Robertsville 8 to the Robertsville 3.
Of the eight individuals who were facing potentially severe financial penalties as the result of contempt of court charges being pursued in Kingston Court by Frontenac Ventures Corporation, three have had their matters deferred; two have backed out and committed to ending their obstruction; and three were left to face a sentencing hearing.
At the beginning of a hearing on February 12 on the contempt charges, the lawyer for Frank Morrison presented a motion and supporting documents arguing that he should not be part of the proceedings. Instead of pursuing Morrison, Frontenac Ventures lawyer Neal Smitheman proposed that the motion be heard in late March, and that the hearing proceed against the other individuals. David Mile, a member of the Christian Peacemakers who was also charged, stood up in court and admitted to having been present at the Robertsvillle mine site after an injunction ordering people off the site had been served. He has not engaged a lawyer, and it seems the case against him has been deferred. A third man, John Hudson, was not present in court and has not had charges laid against him. Neal Smitheman said he would not pursue Hudson at this time, but held out the possibility that he would at a later date.
This left five Algonquin protesters to face the contempt charges.
Stephen Reynolds, the lawyer for Chief Doreen Davis and Earl Badour of the Shabot Obaadjiwaan First Nation, said that his clients would accept that they had breached the court order.
Chris Reid, the lawyer for Bob Lovelace, Harold Perry, and Chief Paula Sherman of the Ardoch Algonquin First Nation, also said his clients would not dispute the charges, setting the stage for a sentencing hearing to commence on Wednesday morning, February 13.
Neal Smitheman then told Judge Cunningham, who has been presiding over the matter, that it was possible that some sort of arrangement could be made before the sentencing hearing. Judge Cunningham asked if the arrangement could be completed by Wednesday morning, and Smitheman said, “If we can come to one, it won’t take very long,” so court was recessed but not adjourned for the day.
Just over an hour later, court was reconvened and the eight-month alliance between Ardoch and the Shabot Obaadjiwaan dissolved.
Stephen Reynolds read out a statement.
He reportedly said that Doreen Davis and Earl Badour and members of the Shabot Obaadjiwaan had agreed not to block access to the Robertsville mine or any other access to Frontenac Ventures’ mining claim in the future, and that the Shabot Obaadjiwaan First Nation intended to pursue negotiations with the government of Ontario.
That left three members of the Ardoch Nation to face a sentencing hearing.
Bob Lovelace was scheduled to give testimony regarding sentencing on Wednesday morning, and Paula Sherman and Harold Perry were expected to attend court as well.
In information filed with the court last fall, Frontenac Ventures Corporation is seeking at least $50,000 from each individual who is guilty of contempt of court.
The Shabot Obaadjiwaan and Ardoch Algonquin First Nations blockaded the Robertsville mine, the access point for a 30,000-acre uranium claim by Frontenac Ventures Corporation on June 28. They vacated the mine and set up an observation post with non-aboriginal allies outside the gate in early November.
A mediation process between the Algonquin communities and the government of Ontario that began in December was abandoned two weeks ago because the First Nations and the government disagreed over whether test drilling should be permitted during a proposed consultation process.
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Feature Article - February 21, 2008 Lovelace Sentenced 6 Months for Contempt of Courtby Jeff Green
Left: Bob Lovelace as he enters court for sentencing. Photo by Garth Gullekson
In a Kingston courtroom last week, Superior Court Justice Douglas Cunningham heard Frontenac Ventures’ Lawyer Neal Smitheman propose 27 weeks of jail time and hefty fines for Robert Lovelace and Paula Sherman of the Ardoch Algonquin First Nation.
Then he gave Smitheman just about everything he was asking for.
Lovelace and Sherman received six months’ jail time for contempt of court, and were fined $25,000 and $15,000 respectively. In addition, a $10,000 fine was levied against the Ardoch Algonquin First Nation (AAFN).
Supporters who had filled the packed courtroom erupted in shouts and tears as the six-month prison sentence was read out by Cunningham, which led court officers to rise out of their chairs; but after a couple of minutes the noise subsided, and Cunningham continued reading.
He finished reading the sentence, and left. OPP officers then escorted Lovelace and Sherman from the gallery through the courtroom to the rear for processing. As they did so, supporters stood and cheered.
The courtroom quickly cleared, and the 10 or so lawyers who had been representing Frontenac Ventures, the two Algonquin communities, the Ontario Attorney General and the OPP, were in the midst of removing their court gowns and packing up their materials when court reconvened.
Paula Sherman then returned from the processing area behind the court to sit next to AAFN lawyer Chris Reid.
Reid told Justice Cunningham that he had worked out an arrangement with Neal Smitheman. Smitheman said that, “on compassionate grounds”, a beyond last minute agreement had been reached.
Christopher Reid said that Sherman is facing the possibility of losing custody of at least one of her children if she spends six months in jail, and had decided to agree not to breach Cunningham’s order again in exchange for a commuting of the sentence. She is still facing a $15,000 fine, however.
The outcome of the sentencing came after three days of hearings which went just about entirely Frontenac Ventures’ way, but it was 7 months in coming for the company. (see timeline)
Of the eight people whose names were associated with the contempt of court violation, three are not members of an Algonquin community. One of those three, Frank Morrison, had legal representation in court. His lawyer had prepared a motion to dismiss his case, and rather than bog down proceedings by dealing with that motion, it was deferred until March 18, the beginning of the next block of court dates devoted to these matters. The other two people named, David Milne, who was in court and confirmed that he has been on the site in September but did not have a lawyer present, and John Hudson, who was not in court, also were deferred until March.
That left five people, all senior members of the Shabot Obaadjiwaan and Ardoch Algonquins, facing contempt charges. They did not contest the charges.
But as the session was about to be adjourned at the end of the first day, Frontenac Ventures’ lawyer Neal Smitheman asked for a short recess.
The recess dragged on, but at the end of it, Smitheman’s colleague, Tracy Pratt, read out an agreement that had been reached with Chief Doreen Davis and Earl Badour of the Shabot Obaadjiwaan. The two had agreed to comply with the injunction in the future and to counsel others to comply. Their case was also deferred until March 18 on the anticipation that their contempt will be “purged” at that time, and they will not be receiving large fines.
Ardoch’s lawyer Chris Reid later asked that the contempt charge against Ardoch's honorary chief Harold Perry be purged because of Perry's age and state of health, and this was accepted. Perry had to agree to back down from the protest as well.
Robert Lovelace was the only person to take the stand during the sentencing hearing and his testimony lasted more than a day.
Under questioning from Chris Reid, he outlined his reasons for defying the court order, which are tied into his interpretation of his responsibilities under Algonquin law. He said he had no choice but to continue to defy the order.
To turn his back on his responsibilities under Algonquin law “would diminish me as a human being, as an Anishnaabe”, Lovelace told Cunningham.
In his cross examination, Neal Smitheman challenged Bob Lovelace over public safety.
In an open letter to Premier McGuinty that Lovelace released in January, he had warned that the situation at Robertsville could escalate into another tragedy similar to the fatal 1995 shooting of aboriginal protester Dudley George at Ipperwash Provincial Park.
“I put it to you, sir, that you were threatening the Premier of Ontario. It is you who is a threat to public safety,” Smitheman said.
Lovelace said that he was only talking about what might happen, and had never threatened anyone.
Judge Cunningham's decision included a provision that the Ardoch Algonquins statement of defence against the $77 million lawsuit that Frontenac Ventures has filed against them will be struck down as long as Lovelace remains in contempt of his court order.
“This puts us out of the court. I’ve never seen anything like it,” said Ardoch Lawyer Chris Reid.
In the wake of the sentence, the OPP announced that anyone who is within 200 metres of the Robertsville gate will be subject to arrest, and as of early this week an OPP car is parked in front of the gate at the Robertsville mine.
The AAFN and the Shabot Obaadjiwaan published press releases in the days following the court hearing (see page 3).
Lovelace’s sentence is also the subject of a condemnation by Amnesty International.
A rally will be held at 11:00 am on Saturday, February 23 in front of the Quinte Detention Centre, (where Lovelace is being held), 89 Richmond Road in Napanee.
Letters_08-08
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Letters - February 28, 2008 LettersFebruary 28Re:Cover Photo,Bill Deacon
Warning from Bancroft,Ian Whillans
Pigment Impaired,Glen Pearce
19th Century Mining Act,Don G. Campbell
Re: Cover PhotoOn the front cover of your Feb. 14 paper was a colour picture of Doreen Davis, Chief of the Shabot Obaadjiwan Algonquin group from Sharbot Lake. It is a remarkable picture in that it shows clearly a very proud and stately lady leaving a court that heard contempt of court charges against her and the Ardoch Algonquin First Nations.
These charges arose out of the Aboriginal communities’ blockade of uranium mining operations at Robertsville to try to stop the mining of this substance which has been proven to be extremely dangerous to both people and the environment.
We who are following this know that even though the Native community was willing to negotiate with the Liberal government, who gave the drilling rights to Frontenac Ventures over many protests (even a hunger strike!), it seemed the government in Toronto couldn’t care less about known facts on the damage caused by uranium mining, and are determined to allow mining no matter the costs.
I have nothing but respect for Chief Doreen Davis and the members of the Ardoch Algonquins who stood up to the mighty power of the Government of Ontario, its courts and judges (who are all paid with our tax money). The government didn’t hesitate to use their “big stick” contempt charges against them.
Chief Doreen Davis is a lady of principle who believes in saving her people from possible harm by any means she can. She can be proud to wear her headdress and Native clothing, for if there ever was a chief of the Algonquin peoples she is one.
Now we wait. All we can hope for is that Frontenac Ventures does not find enough uranium to bother taking it out of the ground. Whatever the outcome, we who for whatever reason (myself included) did not take an active part in trying to stop uranium mining in Robertsville, owe a debt of gratitude to those who did.
To our Aboriginal people from Sharbot Lake and Ardoch who risked contempt charges and going to jail to save us from a possible disaster, I say thank you, and hope our governments will at last sit down and negotiate an honest settlement for any and all land claims you might bring to the table.
I have followed the events of this dispute as they unfolded and I thank you for your unbiased and fair-minded reporting of these matters, which that could greatly affect the lives of us all. Reading my paper “The Frontenac News” is a pleasure I don’t miss.
Bill Deacon, Kingston
Warning from BancroftMy wife and I have been keeping a close eye on the news concerning the proposed uranium mine near Crotch Lake.We sold our cottage near Bancroft because of the three abandoned uranium mines around the lake. There are tailings at the mines and one had to be cleaned up due to the fact it was placing radioactive matter into the lake.Now according to some recent tests one of the other mines is sending radioactive matter into the lake.
I now understand that the courts have convicted some individuals for contempt of court, with fines totalling $50,000 and some jail time. This dispute isn't just a legal matter, it is a moral issue as well as an environmental issue. The government should step in to protect the land and the people who occupy the area around the Robertsville mine.
I have one request of Mr. Neal Smitheman, the lawyer for Frontenac Ventures. Why don't you and your family move up to the area around the Robertsville mine and see if your legal judgement is still clouded by a big salary and an appetite to defeat the defendants at any cost to your moral judgement?
Ian Whillans
Pigment ImpairedSince the draconian incarceration of Bob Lovelace, the perception is that this is a matter of the pigment-impaired vs the natives, but it's not, really.We shouldn't lose sight of the fact
that our legal system (I can't dignify it by calling it a 'justice system') and oft-times our government, is an equal-opportunity system.It doesn't really care who it victimizes, as it operates on the basis of big vs small, strong vs weak, well-connected vs powerless.That's how it was, is, and will be.
That said, is there any country on earth with a better system?If there is, we should all be working tirelessly to emulate it.If there isn't, we should all be working tirelessly to optimize ours and set an example we need not be ashamed of.
Glen Pearce
19th Century Mining ActThe recent sentencing of Native leaders because of their legitimate concern for the consequences (consequences which they would have to live with)which could derive from theadventures of Frontenac Ventures in North Frontenac, is just anotherexample of the Wild West mentality aliveand well in Ontario's nineteenth century Mining Act. These people have been on this land for generations, going back long beforeEuropeans arrived in Eastern Ontario. Their dispute is well documented. Frontenac Ventures is a junior mining company with a limited track record and a seemingly undue haste. If the demand for uranium is indeed legitimate, and that is a moot point, it will be there for the long term, and the economic return will remain firm. Why the need to be in such a hurry to punish the Native community? Why the need to be so heavy handed?
Last July the Ministry of Mines and Northern Development proposed changes to the Mining Act and invited public input and consultation; and the public did respond. MNDM is, supposedly, in the process of reviewing this "public consultation" and bringing forth revisions to Ontario's Mining Act. One of the proposals proffered by MNDM was that of more consideration for Aboriginal rights. Was this whole "consultation process" just a hollow public relations gesture? Where are the proposed amendments to the Mining Act?
Regrettably, this whole thing smacks, not of long term, legitimate mining, but of mining promotion and speculation opportunity; intended to take hasty advantage of the current strong base metal price and fostered bylong out-of-date mining legislation. Is it?MNDM appears unwilling to look after the larger public good, acting as it does as advocate for the mining community. Who looks after the big picture, taking into consideration all the effects on theland surface and the people who live there, both now and in the future? Where were the premier and the cabinet while this sorry escapade was playing out?
Sad to say, but sometimes I am simply ashamed to be a citizen of Ontario.
Don G. Campbell, Ottawa
Uranium_08-11
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Feature Article - March 20, 2008 New contempt charges laid in Robertsville disputeBy Jeff Green
Frank Morrison Speaking out against uranium, at a rally in front of Kingston's County Courthouse, March 18.
Just as old contempt of court charges were being withdrawn, new charges were being laid as the continuing Frontenac Ventures Court case took over the Frontenac County court house in Kingston for a one-day hearing on March 18.
The drama began the evening before when five people were served summonses by the OPP in their homes and ordered to appear in court.
The five people had all been on the roadside at Hwy. 509 on the previous day. One or two of them are alleged to have mounted what the lawyer for the OPP, Chris Diana, called a “small protest”, while others among them were trying to determine how far away from the Robertsville gate in each direction the 200 metre mark is.
A court injunction from September 27, 2007 prohibits certain activities, particularly impeding workers from Frontenac Ventures Corporation, within 200 metres of the gate at the Robertsville mine.
The five people include Sulyn Cedar, Sheila MacDonald, Oskar Graf, Beth Robertson, and Eileen Kinley.
Neal Smitheman, the lawyer for Frontenac Ventures, told the court that he had just heard about the charges on the morning of the hearing, and did not have any details. The OPP will forward the details to Mr. Smitheman and the five people will return to court on June 2 for a hearing.
Earlier in the day, charges against John Hudson and Frank Morrison, which stemmed from alleged breaches they had committed in September, were withdrawn by Frontenac Ventures Corporation. Charges against David Milne, a member of the Christian Peacemakers Team, were withdrawn as well, although in his case the company demanded that he enter into an undertaking not to commit any further activities at the Robertsville site. Milne had admitted to the court at a hearing last month that he had been at the site 13 times in September and early October, an admission the other two men had never made.
The company also did not seek fines against Shabot Obaadjiwaan Chief Doreen Davis and Elder Earl Badour, who had entered into undertakings to commit no further breaches back in February. However, the matter of court costs remains to be determined.
Of the original eight people charged in the case back in October 2007, seven have now had their charges withdrawn. The eighth, Bob Lovelace, is one month into a six-month jail sentence for contempt.
Judge Cunningham reiterated in court that Lovelace can end his incarceration at any time if he agrees to stay away from the mine site.
Chris Reid, the lawyer for Lovelace and other members of the Ardoch Algonquin First Nation, of which Lovelace is a former chief and spokesperson, filed an appeal late last week to the six-month sentence and $25,000 fine Lovelace is subject to, and to the fine of $15,000 against Ardoch Co-Chief Paula Sherman and $10,000 that the band itself has been fined.
Reid’s notice of appeal included nine items listed as Grounds for Appeal. Among them were assertions that: Judge Cunningham failed to consider mitigating factors; that the judge erred in “assuming that the principle of general deterrence could only be satisfied by the maximum sentencing;” and “that both the period of incarceration and the amount of fine are overly harsh in the circumstances.”
Christopher Reid has had a busy week. Six of his clients in another mining exploration dispute, this one centered on Big Trout Lake in Northwestern Ontario, received six-month sentences for contempt of court on Monday in Thunder Bay.
Before the hearing began at 2 pm, a rally was held outside the courthouse which drew around 200 people, and the court room was completely filled during the two-hour hearing.
Bob Lovelace had been expected in the court to face a second contempt charge stemming from incidents in early February, but it appears that no one informed the prison system that he was required, so that proceeding was postponed until June 2.
Earl Badour and Doreen Davis, also charged in relation to a road blocking incident in February, had their charges withdrawn.
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Feature Article - May 15, 2008 Barrick gold protestors come to ArdochBy Jeff Green
Leaders from aboriginal communities in New South Wales, Australia, Papua New Guinea, and Chile paid a visit to Ardoch Algonquin First Nation Honourary Chief Harold Perry this past weekend. They were on their way to Ottawa, where they will be meeting with MPs in a bid to convince them to ask Canada to rein in the worldwide activities of Canadian-owned Barrick Gold Corporation.
The leaders had made presentations to the Annual General Meeting of Barrick late last week. They stopped at Harold Perry’s on their way to Ottawa in order to compare notes and demonstrate solidarity with the Ardoch Algonquins in the Algonquins’ battle to stop uranium exploration on lands that Ardoch claims as traditional territory.
Neville “Chappy” Williams is a Wiradjuri Traditional Owner, who calls Lake Cowal “the sacred heartland of the Wiradjuri nation.” It is also the largest inland lake in New South Wales.
In 1996, the New South Wales government denied a gold mining application at Lake Cowal on environmental grounds, according to the website SaveLakeCowal.org, but after two commissions of enquiry, consent conditions were approved on the eve of an election in 1999.
The mining property eventually passed to Barrick Gold, a major Canadian corporation which is now the largest gold producer in the world. In the spring of 2006, the Lake Cowal gold mine began operating.
Neville Williams said the existence of the mine has meant the “Wiradjuri have not been able to carry on any of our spiritual practices. It uses 17 mega-litres of water a day, in a region that is in the midst of historic drought, and causes large dust storms containing high levels of cyanide.”
When the opportunity came about to join with Aboriginal leaders dealing with similar issues related to Barrick Gold, and to come to the country where Barrick has its headquarters, Neville Williams decided to participate. He said, “It is hard to bear the pain of the destruction of our sacred site. Barrick has ignored our demands to protect cultural objects and the ecological significance of the lake. I feel that what we said fell on some deaf ears. There were people who listened, but it did fall on some deaf ears,” he said.
Jethro Tullin is an indigenous Ipili from the highlands of Papua New Guinea. The Ipili first encountered foreigners in the late 1950s and Barrick’s Porgera mine was established in 1989. According to Jethro Tulli, the mine has meant devastation to the Ipili. “After 17 years, the society is uspide down living in those area. Over 32 people have died from bullets fired by security forces hired by the mine, and at least 20 more have died though landslides. They have turned the country upside, sending tailings down the river system”.
Tullin spoke at the Barrick AGM as well.
Among his statements was the following: “Your mine has destroyed our ancestral land, our sacred places, and our gardens, which we need to feed ourselves. You dump your mine waste directly into our river system directly into our water system contaminating 600 km of river all the way to the sea. You do this, even though you know that it is illegal to dump your waste into rivers in Canada.”
Among the demands of the Porgera Alliance, which Tulin is representing in Canada, are that Barrick pay compensation for environmental damages and move 5,000 Ipili who are living on contaminated land.
Jethro Tulin was able to present his case to the Annual General Meeting of Barrick Gold last week, a webcast of the proceedings did not include his address.
Neville Williams and Jethro Tulin have been joined by Sergio Campusano, a Chilean who is involved with opposition to Barrick’s Pascua Lama mining project in his homeland, where 1,500 indigenous people have been living for thousands of years.
The three leaders are travelling with supporters, and with members of Friends of the Earth (Australia) and the Protest Barrick project.
Jack Lapointe of the Ardoch Algonquins was on hand to greet the contingent at Harold Perry’s house.
“It’s the same story right across the planet. I suppose it’s a blessing that we are not faced with murders and rapes in this country,” he said.
“One of the things they want to do is establish a network of indigenous people around the world to deal with mining. We need to establish these networks, we need to work together. Of course, we support them, we think the Canadian government should tell companies like Barrick that they cannot run roughshod over the world.”
The Ardoch Algonquins will be joining Sakura Saunders from Protest Barrick, and aboriginal leaders from across Ontario in Toronto next week for the days of action at Queens Park between May 26 and 29.
On May 28, in a Toronto courtroom, an application for an appeal of the six-month sentence being served by former Ardoch Algonquin chief Bob Lovelace will be filed. Lovelace was jailed because he refused to tell a Superior Court judge he would not act to block Frontenac Ventures Corporation from drilling test holes for uranium in territory that the Ardoch Algonquins claim aboriginal title to.
In a handwritten submission to the Ontario legislature last week, Lovelace wrote extensively about colonialism, and concluded by saying he intends to begin a fast on May 16.
“I will to be fasting as a political statement or to extract some concession from Ontario. In our culture we fast to
purify our bodies and free our spirits. We fast in anticipation of a vision of things to come and to prepare ourselves to accept a great challenge. If, over the next few weeks, it brings attention to the defence of our community I will welcome the growing interest …” he wrote.
Bob Lovelace is currently incarcerated at the Lindsay Federal prison.
