Feature Article - June 26, 2008

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Feature Article - June 26, 2008 "Frontenac Venures won't drill before July 21" says DavisBy Jeff Green

Shabot Obaadjiwan Chief Doreen Davis told the News on Monday that after intensive negotiations with the Ontario Ministries of Mines and Aboriginal Affairs and Frontenac Ventures Corporation, a pilot consultation framework is slated to be announced by the end of this week.

According to Davis, the two month consultation process will involve public meetings and information sessions with the membership of the Shabot Obaadjiwan. It could include two observers from the so-called settlers community, non-aboriginals who joined with the Ardoch Algonquin First Nation and the Shabot Obaadjiwan in protesting a uranium exploration project in North Frontenac.

This latest consultation framework does not include the Ardoch Algonquin First Nation.

According to Davis, Frontenac Ventures Corporation has agreed to refrain from test drilling on their 30,000 acre mining claim until July 21 to allow for consultation to take place with the Shabot Obaadjiwan membership.

The Shabot Obaadjiwan have suspended court proceedings, which were scheduled for later this week, in which they were planning to seek a stay of a judicial order allowing Frontenac Ventures to carry on their drilling program.

“It is still delicate, but we are working out the details”, Davis said of the ongoing negotiations.

If and when the deal is finalised it will involve public meetings with the membership of the Shabot Obaadjiwan “to get at the information about the impacts of drilling and the impacts of exploration,” said Davis, “which we really don’t know very much about. After that, we'll see what happens. There will never be a mine there, that I can say for sure, and if we don’t have what we need by July 21, we will go back to court.”

The consultation process will include the “Algonquins of Ontario” (AOO) a body which includes nine off-reserve communities, of which the Shabot Obaadjiwan is one, and the Council of the Pikwakanagan Reserve at Golden Lake. The AOO has been negotiating a land claim in the Ottawa Valley with the federal and provincial governments and hopes to have an agreement in principle in place within two years.

The Snimikobi First Nation, under Chief Randy Malcolm, will also be included in the consultations, according to Davis.

Several years ago, a very public split took place between Randy Malcolm and his supporters and the Ardoch Algonquin First Nation under honourary chief Harold Perry, a lifelong resident of Ardoch.

The Algonquins of Ontario (AOO) and the Snimikobi have not been involved in the year-long protest over the Frontenac Ventures mining claim and exploration project, although the AOO has joined with 20 municipal councils in calling for a moratorium on uranium exploration and mining in Eastern Ontario.

The tentative agreement is coming about almost one year to the day, June 28, after the Ardoch Algonquins, joined by the Shabot Obaadjiwan, initially occupied Frontenac Ventures' headquarters at the Robertsville mine on Highway 509 just north of Ardoch Road. The protest eventually led to the incarceration of Ardoch Algonquin former Chief Robert Lovelace for 100 days for contempt of court, as well as fines totalling $65,000 to the community and its leadership. The sentence and the fines were eventually stayed by an appeal court in late May.

The fact that the consultation agreement negotiated by the Shabot Obaadjiwan does not include the Ardoch Algonquins is a “reflection of the different paths that Shabot and Ardoch are on,” said Davis. “A wheel is made up of many spokes and the Shabot Obaadjiwan have always taken a path of politics and negotiation.”

The Ardoch Algonquin First Nation walked away from the land claims process several years ago.

In a press release from late last week, Ardoch Algonquin Co-chief Paula Sherman wrote that only direct two-party negotiations between Ardoch and the government are appropriate to resolve the dispute.

“Direct negotiations between Aboriginal peoples and a resource extraction company is a violation of the Royal Proclamation of 1763,” Sherman wrote.

Sherman also wrote that mediated talks that took place last winter failed because the government would not consider the possibility of prohibiting Frontenac Ventures from drilling as the result of the talks.

Ardoch retains the position that drilling cannot be permitted even after consultation. “We have conducted extensive research on the potential impacts and feel that they are sufficient to justify our position,” the release said. “Those impacts include contamination of ground and surface water, and the release of radon gas from drilling. Humans, animals, amphibians, plant life and other parts of the Natural World that depend upon that ecosystem for survival will be at a much higher risk of radiation poisoning, ill health and mortality as a result.”

In related news, the report was released this week from the Citizens’ Inquiry into the Uranium Cycle. Written by former Toronto Mayor John Sewell, it has been posted at www.ccamu.ca (more on the report next week)

Finally, Kyle Cachagee, an enforcement supervisor with the Bancroft MNR office, confirmed two weeks ago that “The Ministry of Natural Resources has recently laid charges for work conducted on Crown Land in Palmerston Township [North Frontenac] in the vicinity of the area known as Robertsville. Frontenac Ventures Corporation and Gemmill Sand and Gravel Limited will appear in Provincial Court in Kingston on August 7, 2008 to answer these charges.”

George White told the News that Frontenac Ventures will be able to answer the charges, and pointed out that they were not accompanied by a stop work order. “They would love to have a stop work order issued because we broke the law but that has never been the case and never will be the case,” he said.

Jun 19/08 - Breakthrough in Uranium Consultation

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Feature Article - June 19, 2008 Shabot Obaadjiwan claim breakthrough in consultation, While Frontenac Ventures remains committed to explorationby Jeff GreenIn a press statement released on Friday of last week, the Shabot Obbadjiwaan First Nation said it had won “a key concession from Ontario in its efforts to protect the environment and citizens of their traditional territory. Ontario, the Shabot Obaadjiwan Algonquin, and the Algonquin of Ontario, with the support of Frontenac Ventures Corporation, are developing a consultation process that will allow them to share information and engage in dialogue towards resolving the issues regarding the uranium exploration project.”

A meeting was scheduled in Toronto on Tuesday of this week to hammer out the details of the agreement.

When contacted by phone on Tuesday, George White, the president of Frontenac Ventures, said that Tracy Pratt, a lawyer representing Frontenac Ventures, was indeed meeting with officials from government ministries, Doreen Davis, and officials from the Algonquin Land claim table, but he said the company “has not agreed to anything yet. Our ultimate desire is to get a letter of understanding with them [the Algonquins] to the mutual benefit of both parties.”

White also said that Frontenac Ventures is “not going to sign anything that undermines what Justice Cunningham said in his order of September 27, 2007.”

That order included a 40-week exploration schedule which gives Frontenac Ventures the right to drill up to 106 test holes in specific locations on the 30,000 acre parcel of land in North and Central Frontenac that they have obtained the mining rights to.

The mining rights were disputed by members of the Ardoch Algonquin First Nation and the Shabot Obaadjiwan First Nation, who together asserted their aboriginal claim to title over the land when they occupied the property a year ago next week.

The occupation ended in November, and was followed by a mediation process which collapsed in mid-February over the issue of test drill holes. A consultation protocol had reportedly been hammered out, but the two Algonquin communities walked away when the representative from the Ontario Ministry of Northern Development and Mines said that drilling would have to take place during the consultation.

Ardoch Algonquin spokesperson, and retired chief, Bob Lovelace, eventually served 100 days of a six month sentence for contempt of court over his refusal to undertake to the court that he would not act to impede Frontenac Venutres’ exploration program.

The meetings this week seem to be hinged on the same point as those in February, except that the Ardoch Algonquns are not at the negotiation table.

At a public meeting near the Robertsville mine site entrance last Sunday, Doreen Davis reportedly told a group of supporters that the negotiations are at a delicate stage, and that Frontenac Ventures had been convinced to refrain from commencing its drilling program before Thursday, June 19.

George White said he had not authorised this, but added that his legal team has enough leeway to make this sort of minor commitment. “For a few days I don’t think it’s going to upset anybody,” he said.

In related news, Kyle Cachagee, an enforcement supervisor with the Bancroft MNR office, confirmed last week that “The Ministry of Narural Resources has recently laid charges for work conducted on Crown Land in Palmerston Township [North Frontenac] in the vicinity of the area known as Robertsville. Frontenac Ventures Corporation and Gemmill Sand and Gravel Limited will appear in Provincial Court in Kingston on August 7, 2008 to answer these charges.”

George White said Frontenac Ventures will be able to answer the charges, and pointed out that they were not accompanied by a stop work order. “They would love to have a stop work order issued because we broke the law but that has never been the case and never will be the case,” he said

Feature Article - July 24, 2008

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Feature Article - July 24, 2008 Bob Lovelace returns to Robertsville to deliver a teachingBy Jeff Green

Bob Lovelace, delivers a traditional teaching at Robertsville Mine.

Almost two months after his release from prison after serving over 100 days for refusing to promise not to go there, Bob Lovelace returned to the gate of the Robertsville mine on Monday morning.

He was accompanied by two of his young children, some members of the Ardoch Algonquin First Nation and a number of non-aboriginal activists; a total of about 25 people.

The group met at the Robertsville village sign, located about 200 metres from the gate of the mine, and parked their vehicles. They then walked in a slow procession towards the gate and gathered in a circle on the passageway between road 509 and the closed gate. Two workers stood behind the gate, one of them holding a video-camera. There were no uniformed police officers present, although an unmarked van arrived parked on the side of the road across from the gate. Two occupants remained inside the van.

A man wearing shorts and a T-shirt was on site, carrying a digital camera with which he was taking video. He was communicating with someone through a two way radio.

Mitch Shewel of the Ardoch Algonquins greeted everyone and Bob Lovelace then told the story of the great bow, which, in the interpretation he offered after tellling the story, is an allegory for the political struggle that the people who were in attendance have been involved in for the past year.

After about 45 minutes, the gathering broke up, and everyone returned to their vehicles and left without incident.

The mere fact of holding the teaching at the gate of the Robertsville mine, which may lead to further court actions, was clear to all of the participants, including those who were recording the event.

The last time a public gathering took place in the vicinity of the mine gate, which was in late February, several people received summonses from the OPP to attend Kingston Court. Frontenac Ventures lawyers, acting as a sort of prosecution team, decided not to seek any remedy from the court against those people and they were never charged.

In August of last year, Justice Thomson of the Kingston Superior Court delivered an interim injunction ordering protesters to leave the Robertsville mine site. At that time an ongoing occupation of the mine site by the Ardoch Algonquin and Shabot Obaadjiwan First Nations was two months old.

In September Justice Cunningham of the Superior Court endorsed Thomson’s injunction, which established a prohibition against any protest within 200 metres of the worksite of any member of Frontenac Ventures Corporation, the company that has leased the mine site in order to access property they have staked for uranium exploration.

In court in February Lovelace pled guilty to violating that order, citing that his commitment to Algonquin Law superseded his obligations under Canadian Law. He also refused to undertake not to defy the injunction in the future and for that he was fined $25,000 and sentenced to six months in prison.

In late May, an appeal court commuted the sentence to time served and repealed the fine.

The Shabot Obaadjiwan First Nation, who joined with the Ardoch Alfgonquins in occupying the Robertsville mine last year, are now in ongoing consultations with the Ontrio Governemnt and Fronenac Ventures Corporation over how the exploration project can proceed.

The Ardoch Algonquins have rejected that process saying that it came with too many pre-conditions.

Late on Monday, the Shabot Obaadjiwan put out a press release in support of the Provinces’ just announced intitiative to review the Ontario Mining Act in light of aboriginal concerns.

“It is easy to criticise and grandstand. It is a lot tougher to do the serious work that leads to progress,” said Shabot Chief Doreen Davis. “The announcement last week is yet another confirmation of the wisdom of the approach we have adopted and the value of our ongoing discussions with the Province of Ontario.”

Feature Article - July 10, 2008

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Feature Article - July 10, 2008 Why Appeals Court Supports Ardoch AlgonquinsBy Jeff GreenArdoch Algonquin First Nations’ lawyer Chris Reid may well have felt his legal arguments fell on deaf ears on February 18 in Kingston Superior Court when Justice Cunningham sentenced his clients Bob Lovelace and Paula Sherman to six months jail time and levied a total of $50,000 in fines as well.

Reid was also denied access to Cunningham’s court as long as Sherman and Lovelace refused to enter into undertakings not to impede Frontenac Ventures Corporation as they carry out uranium exploration in North Frontenac.

On May 28 the court of appeal in Toronto released Lovelace on time served, and this week their reasons were made public. The arguments that Chris Reid has been making unsucessfuly for the past year to Justices Cunninghan and Thomson seem to have swayed the judges in Toronto.

Reid has argued that the Government of Ontario had a duty to consult the Ardoch Algonquins before accepting the Frontenac Ventures mining claims under the Ontario Mining Act because the land in question is part of a land claim.

“In my view, and with great respect to a judge trying conscientiously to resolve a difficult, bordering on intractable problem, the sentences he imposed are too harsh,” wrote Justice JC MacPherson on behalf of the three appeal court justices in overturning Cunningham's sentencing decision. “I say this for several reasons.”

Among those reasons were the fact this was a first offence by two “well respected individuals who had led lives characterized by leadership in their community, including leadership in demonstrating respect for Canadian law.”

Later Justice MacPherson asked the question, “What then are the unique systemic or background factors that played a part in bringing the AAFN and two of its leaders before the courts to be sentenced for contempt? The first background factor is that there is an existing land claim negotiation between the Algonquin Nation and Ontario.”

Then MacPherson addressed the Mining Act and its relationship to aboriginal rights.

“The second background factor that played a part in bringing the appellants before the courts is the nature and content of Ontario's Mining Act.It is a remarkably sweeping law.It establishes a ‘free entry’ system whereby all Crown lands, including those subject to aboriginal land claims, are open for prospecting and staking, without any consultation or permitting required.

“Anyone with a prospector's licence may stake claims and prospect for minerals on any Crown land. Once a claim has been staked, in accordance with the Act, the Mining Recorder must record the claim.There is nothing in the Mining Act about considering aboriginal land claims or interests. The intersection of these two background circumstances creates an obvious problem, indeed the problem that lies at the heart of this case.

“ What Frontenac Ventures wants to do on Crown land - staking and exploration - is legal under the Mining Act. However, the appellants' response, although in contempt of two court orders, is grounded, at a minimum, in a respectable interpretation of s. 35 of the Constitution Act, 1982 and several recent decisions of the Supreme Court of Canada.”

In the end Justice MacPherson said a fine of $1,000 would have been the appropriate sentence. “However, having regard to the time he has spent in custody, I refrain from imposing any penalty on him [Lovelace].I would not fine Chief Sherman or the community who have no ability to pay the fines.”

In a press release Bob Lovelace, who is just now returning home after a sojourn in Wyoming with his family, said, "We feel fully vindicated in the position we have taken and remain committed to our position that there will be no mineral exploration within the territories of Ardoch without our consent.Our laws, which require respect for the land, are entitled to at least as much respect as Ontario's Mining Act.We remain open to dialogue, but Ontario has never responded to our proposals for negotiations.We want negotiations, not conflict, but we will enforce our laws and protect our land."

The statement by the appeal court was released a few days after it was announced that the Shabot Obadjiwaan First Nation, Frontenac Ventures Corporation, and the Government of Ontario “have developed a consultation plan to address mining exploration activities in northern Frontenac County.”

The announcement did not make reference to any time frame for the commencement of a test drilling program by Frontenac Ventures Corporation, a matter that has been central to a dispute that is now entering its second year.

It does, however, quote Shabot Obadjiwaan Chief Doreen Davis as saying, “We appreciate the good will gesture of Frontenac Ventures to suspend drilling for a period of time while consultations are underway”.

A first consultation meeting took place on July 4. Members of the Shabot Obadjiwaan as well as two non-aboriginal “settlers” were invited to attend as observers.

One of them, Helen Forsey of Ompah, later wrote that ministry staff began by explaining that the current consultation process is geared towards developing a “mitigation and accomodation” plan that would take into account “Algonquin values and interests”. In response to this, she said, “the audience maintained a healthy skepticism about what was being presented.”

The consultation plan does not make reference to the Ardoch Algonquin First Nation, although according to Ardoch lawyer Chris Reid an invitation to join the process was sent to Ardoch Honourary Chief Harold Perry about two weeks ago.

“Ardoch is not interested in joining a process where the agenda is decided in advance. They have no interest in a sham process,” he said. “It was also clear last year that the territory where Frontenac Ventures is active is traditional Ardoch territory and the Shabot Obadjiwaan were initially involved in support of Ardoch, their neighbouring community. This is what the early court documents say.”

The leadership of the Ardoch Algonquins have said they will release an official response to the consultation process that has begun and will be outlining their future political plans in the coming days and weeks.

Sept 4, 2008 - MNR Drops Charges

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Feature Article - September 4, 2008 MNR drops charges against Gemmill’s, Frontenac VenturesBy Jeff Green

Anti-uranium activists who attended at the Sharbot Lake Provincial Offences Court last Thursday, August 28, were surprised to find the case they wanted to monitor was over before it started.

Charges stemming from activities of Gemmill's Construction and Frontenac Ventures on Crown Land near the Robertsville mine were withdrawn, and the case was over before it had started.

“This is the way things work,” said Ardoch Algonquin acting chief Mireille LaPointe when she found out about the decision, “They can do what they want on the land and the government lets them get away with it.”

Members of the Ardoch Algonquin and the Shabot Obaadjiwaan First Nations blockaded the Robertsville mine for four months last year, claiming that the Frontenac Ventures’ exploration project was taking place on unceded Algonquin territory. It was during the occupation that they discovered that some of the road work that had already been done adjacent to the site seemed to them to be in contravention of Ministry of Natural Resources (MNR) regulations.

They were able to convince the MNR to press charges but an MNR representative told the court that, in looking more closely at the case, they could see that a conviction was unlikely, and the charges were withdrawn.

Frontenac Ventures President George White was pleased with the decision. “The charges were trumped up to begin with,” he told the News, “and when we pointed out to them that we have cooperated with the MNR and with the Ministry of the Environment from the start, they knew this was going nowhere.”

White added that Frontenac Ventures is completing geological work on the site and is also in the midst of negotiations aimed at signing a memorandum of understanding with the Shabot Obadjiwaan and Snimikobi First Nations regarding the company’s test drilling program, which is set to commence soon.

The Ardoch Algonquins are not party to these negotiations, but have been involved in direct talks with the Ministry of Aboriginal Affairs. However, those talks have now apparently broken off, reportedly because among other things, the government did not agree to consult with the Ardoch Algonquins prior to allowing Frontenac Ventures to begin their drilling program.

In the meantime Robert Potts, the chief negotiator for the Algonquin Land Claim, is trying to clarify who counts as an Algonquin representative and who doesn’t.

In a letter sent to municipal councils Potts wrote, in part, “From time to time you may receive communications from persons claiming or implying that they are representatives of Algonquin communities ... “.

He then identified a list of 16 individuals, whom he described as “Algonquin Nation Representatives from whom I am taking direction.”

The list includes Shabot Obaadjiwaan Chief Doreen Davis, and Randy Malcolm of the Snimikobi, also known as the Beaver Creek first Nation, listed under the heading “Ardoch”.

Editorial - Chief Davis Deal

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Editorial - December 11, 2008 Chief Davis' dealEditorial by Jeff Green

It was no surprise that the Ardoch Algonquin First Nation (AAFN) and Concerned Citizens and Mining Uranium (CCAMU) have rejected the “accommodation agreement” reached by the Shabot Obaadjiwan and the province of Ontario and Frontenac Ventures Corporation.

The three groups had joined together to keep Frontenac Ventures from drilling uranium test holes for four months, but only the Shabot negotiated the agreement. Chief Davis also brought Robert Potts, the Algonquin Land Claim chief negotiator and Randy Malcolm, chief of the Snimikobi First Nation, into the negotiations. Neither men ever joined the protest, nor expressed any opposition to drilling, but their signatures on the agreement signal further Aboriginal consent.

The agreement has been accompanied by a press release from the Ministry of Aboriginal Affairs, which claims that all the Aboriginal and environmental interests have now been “accommodated”. The press release says, “First Nations, industry and the Ontario government are working together to build stronger relationships in eastern Ontario”.

This effectively marginalizes both the Ardoch Algonquins and CCAMU.

The rift between the Shabot Obaadjiwan and Ardoch Algonquins did not start with this announcement, however.

The rift was exposed publicly last February, when Chief Davis and Earl Badour undertook to obey, and counsel their members to obey, a court order barring them from the Robertsville site. In contrast Ardoch Algonquin spokesperson Bob Lovelace was jailed for refusing to comply with that same order. (Lovelace’s jail term was cut short on appeal, and last week the Supreme Court announced it will not entertain a further appeal by Frontenac Ventures).

Shabot and Ardoch, and their lawyers, have not had any meaningful contact since then.

Although no one from CCAMU has gone to jail over defying Cunningham’s court order, some CCAMU associates (CCAMU is really a loose association of activists) have made a point of defying the court order over the past months by gathering at the gate of the Robertsville mine site.

Shabot Chief Doreen Davis says that she gave nothing away by signing the agreement because the battle over drilling had already been lost in court. She argues that if the Shabot Obaadjiwan had not pushed Ontario to consult this past summer, Frontenac Ventures would have fewer constraints on their activities than there are now with the agreement in place.

With the agreement, a portion of the lands to which Frontenac Ventures had obtained the mining rights will revert to the Crown, to be held until the Algonquin Land Claim is settled. As well, there will be a steering committee established to ensure “best practices” are used for the drill holes that are now permitted, a number that is something less that the 110 holes that were allowed under Judge Cunningham's original court order.

Putting aside the hard feelings all of this has caused, the agreement exemplifies the approach that Ontario has taken towards what the Supreme Court of Canada calls a “duty to consult” Aboriginal communities over mining activity on disputed lands.

In February of 2007, before the Robertsville dispute was even underway, the Ontario Ministry of Mines and Northern Development released a discussion paper called “Toward developing an Aboriginal consultation approach for mining sector activities”.

Among the 8 proposed principles for consultation is one that says, “Although Aboriginal communities have a right to be consulted in relation to Aboriginal or treaty rights that may have been adversely affected by a government action, they generally have no veto over the Crown's decisions.”

This principle posits that if there is veto power in any consultation process, it is the Crown that holds that power.

The AAFN has stated repeatedly that the “duty to consult” that the Supreme Court has ordered implies the possibility of Aboriginal perspectives and interests having the same weight as government interests, which is more than Ontario is prepared to accept.

Although the AAFN is not in a position to bring this question to the Supreme Court, because of the cost, the Ontario government could seek an opinion on their own.

If Ontario is confident that they have interpreted the Supreme Court ruling on “duty to consult” correctly, they should want the matter cleared up once and for all.

Until then, there will be be continual disputes between First Nations that are willing to negotiate under Ontario's terms and those that aren't, and the legitimacy of First Nations/government deals will remain in doubt.

Dec 4/08 - NF Council

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Feature Article - December 4, 2008 North Frontenac Council -by Jeff Green

Solution offered for Ardoch livestock: chickens may come home to roost after all.

Glenn Tunnock, the North Frontenac Township Planning consultant, offered up an option which could allow Scott Cooper and Charles Johnston of the hamlet of Ardoch to keep the livestock they have accumulated on their property. In September they received a notice from the township’s bylaw officer informing them that the livestock they tend on their property is illegal and must be removed, as Ardoch is considered a “hamlet zone” in the township's comprehensive zoning bylaw, which came into force in 2004.

Cooper and Johnston asked for a delay so they could apply for a zoning change, arguing that their property has been continually used for agricultural purposes since 1931, and pre-existing uses are not generally prohibited by new bylaws.

However, the township’s solicitor expressed the opinion that the property was only being used for crop production when Cooper and Johnston bought it a mere nine days after the bylaw came into force. Bringing in a few goats, sheep, and chickens represented a change in use, and thus contravened the bylaw. For the township to alter the zoning now would set a dangerous precedent.

In his presentation to Council on November 27, Tunnock said that there is a provision in the Planning Act whereby property owners can apply to the township’s Committee of Adjustment for a one-time alteration in land use, which would allow them to expand their agriculture cropping operation to a livestock operation. Limitations on the number of animals and the location of the barn or shed for the animals would apply.

“That one-time approval should be based on a cap of the number of livestock units. The issue is the potential impacts on the neighbours,” Tunnock said.

The advantage of this kind of solution, according to Tunnock, is that it does not require a change in zoning, and thus does not set any real precedent that could come back to haunt the township.

Council was generally happy to see a solution to the bureaucratic tangle in this case, and agreed to follow Tunnock's advice, but there were questions raised about the definition of a hamlet, which was at the root of the issue.

“Is there such a designation as rural hamlet?” asked Councilor Wayne Good. “We have hamlets that have only one or two houses”.

“What we tried to do with hamlets is recognise the potential for new development by encouraging residential uses over other uses in these zones,” said Tunnock.

Tie goes to the loser – Tie votes on two competing motions symbolized the split in council over whether to plow a small section of the Crotch Lake Access Road for permanent residents Terry and Karin Reynolds.

Ms. Reynolds appeared before Council and pointed out that the road is a township owned and maintained road, and although maintenance has only been on a seasonal basis for boat access to the lake, the presence of permanent residents puts the onus on the township to maintain the road for the first 500 feet, where the Reynolds live. A report from Public Works manager John Ibey pointed out that the township could have significant expense plowing the road because the preferable means would be through a contractor and the road is not located near any other contracted road. As well, he suggested that the township might want to consider how many similar roads there are in the township before approving an increase in service.

A motion had been prepared as the result of Ibey’s report, calling for the whole matter to be considered in budget talks, with the possibility of hiring a consultant to look at all the roads that may be involved.

With Councilor Lonnie Watkins absent from the meeting, Mayor Maguire surmised that the remaining six members of Council were split. Half of them would support the motion that came out of Ibey’s report, and half would support providing the service to the Reynolds.

He was right. Councilors Perry, Good, and Mayor Maguire supported the motion, while Deputy Mayor Beam, as well as Councillors Gunsinger and Olmstead, voted against it.

A second motion, to provide the service, was supported by Beam, Gunsinger, and Olmstead and opposed by Maguire, Perry, and Good.

In municipal politics, tie votes are lost.

“I wish Lonnie were here,” said Karin Reynolds, referring to the absent Watkins, who has indicated his support for her cause.

Maguire disappointed with county process – Mayor Maguire reported to council on the all day meeting that was held to kick off the public consultation on the Frontenac County Integrated Community Sustainability plan.

“There are issues and solutions that are characteristic of the southern half, and different issues in the northern half and the two don't seem to be mixing here,” said Maguire. “They've begun the process of meeting with citizens of local communities, but they picked the wrong time of year. Back in the spring I told Don Grant, their senior consultant, that 2/3 of our residents are seasonal, but that did not seem to make any difference to them.

“In sum. Nothing new was said; there was nothing new that we heard. Was anything accomplished? No. I did tell them that I think maybe the County itself is not sustainable, but they are used to that from me by now.”

Mississppi Valley budget - Deputy Mayor Jim Beam, the township representative to the Mississippi Valley Conservation Authority (MVCA), informed council that the authority will be doing a lot of work on water facilities next year, seven of which are located in North Frontenac. The draft budget for the MVCA calls for a relatively small increase in the base budget, about 62 cents per resident in North Frontenac, and an extra levy, for the next four years, to help pay for a new headquarters. For 2009, this would mean the levy for North Frontenac would rise from $12,000 in 2008, to over $16,000 in 2009.

“We still do pretty well when we consider how much work they do on the township,” said Beam.

The City of Ottawa pays the vast majority of the MVCA budget, which is levied according to population, in excess of 95% of the budget.

Recycling plant – The township will contribute to the costs of a business plan for the purchase and operation of a recycling plant in Renfrew. The plant would serve eight surrounding townships.

Dec 4/08 - Shabot Obaadjiwan Agree to Drilling

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Feature Article - December 4, 2008 Shabot Obaadjiwan comes to accommodation agreement with Frontenac VenturesBy Jeff Green

It took almost six months of negotiations, but the Shabot Obaadjiwan First Nation, along with their Algonquin Land Claim partners, have inked an agreement with the Government of Ontario and Frontenac Ventures Corporation.

The agreement includes the abandonment of 17 mining claims by Frontenac Ventures, 11 on unpatented (Crown) land and 6 on privately owned land. In return the province has agreed to reinstate 22 lapsed claims to the company. It also provides for a steering committee, with aboriginal representatives, which will monitor the company’s drilling program.

The agreement deals with issues stemming from a court injunction by Ontario Justice Cunningham. In September of 2007 Cunningham ordered all protestors off the exploration property of Frontenac Ventures and granted the company leave to drill uranium test holes.

In February of 2008, Shabot Obaadjiwan Chief Doreen Davis, and War Chief Earl Badour, under threat of serving time in jail, entered into an undertaking to adhere to Justice Cunningham's order. Bob Lovelace, of the Ardoch Algonquin First Nation, refused to enter into such an undertaking and he was sentenced to six months jail time (he was released after 3 months after winning an appeal).

“By entering into this agreement, we have been able to remove sensitive lands from the mining claim, and we will be able to monitor the drilling program and ensure the holes are properly filled,” said Chief Doreen Davis of the agreement. “Until now, the company was able to drill without any monitoring by us. This agreement deals only with the program that had been ordered by Cunningham's injunction.”

In conjunction with the Accommodation Agreement, the Province of Ontario has agreed to pay $109,000 to Frontenac Ventures Corporation, which had been awarded to the company by Justice Cunningham to cover their legal costs in pursuing court injunctions. Until Ontario agreed to pay, the Shabot Obaadjiwan and Ardoch Algonquin First Nations (AAFN) were on the hook for the money.

The Ardoch Algonquins did not participate in the consultation process that led to the agreement.

Bob Lovelace, the spokesperson for the Ardoch Algonquins, received a letter from Doug Carr, the Assistant Deputy Minister, Negotiations and Reconciliation Division, of the Ministry of Aboriginal Affairs, just as the agreement was to be announced.

The letter informed Lovelace of the agreement, and said “Ontario believes it has offered the AAFN reasonable opportunities to engage in a meaningful process of consultation including the most recent process ... unfortunately the AAFN chose not to participate in this process.”

Lovelace told the News that in early October there was indeed a meeting in Toronto between the Ardoch Algonquins and the two ministries involved. The AAFN then sent a letter to the province inviting everyone who attended the first meeting to come to the Ardoch area, “walk the land, have a meal, and continue talking. There has been no response until a week ago.”

AAFN has responded to the Accommodation Agreement in a statement that was released on Tuesday, December 2. In it they said the agreement with the Shabot Obbadjiwaan came about because of coercion on the part of the government. “Shabot acquiesced because they feared a renewal of prosecutions and because they faced court costs of $109,000. In addition, Frontenac Ventures continued a lawsuit of $77 million against them”.

The release concludes by stating that the AAFN “will continue to oppose exploration for uranium and hold Ontario to their legal responsibility to consult and accommodate in an honest and equitable way.”

One of the advantages to the accommodation agreement, according to Doreen Davis, is that it is tied to a commitment that all future mining activities, including staking activities, within the Algonquin Land Claim, will be filtered through the land claim process.

“Nothing like this will happen again in our territory,” Davis said, “and those claims that have been withdrawn will remain that way until the land claim is settled.”

Concerned Citizens Against Mining Uranium (CCAMU) whose members joined with both the Shabot Obaadjiwan and the Ardoch Algonquins in the occupation of the Robertsville mine, has also responded to the Accommodation Agreement.

“These negotiations were conducted behind closed doors with no involvement whatsoever by property owners, businesses or any of the 23 municipal governments in southern Ontario that have petitioned the Province for a moratorium against uranium exploration and drilling. We believe that this shows that the McGuinty government does not take seriously the concerns of 2 million residents represented by these Councils, which include Ottawa, Kingston, Peterborough, Kawartha Lakes and many other smaller townships and counties in eastern Ontario,” CCAMU said in a release.

CCAMU reiterated its call for “a moratorium on exploration of uranium in Eastern Ontario.”

First Nations, industry and Ontario government build stronger relationships in eastern Ontario.Press release by Ministry of Aboriginal Affairs

The Shabot Obaadjiwan and Snimikobi Algonquin communities, together with the Algonquins of Ontario, Frontenac Ventures Corporation and the Ontario government, have successfully consulted on the company’s proposed uranium exploration plans in Frontenac County, north of Kingston.

All participants in the consultations agreed on specific measures to protect health, safety, the environment and respect and protect Aboriginal values and interests. A steering committee with Algonquin and Frontenac Ventures Corporation representation will visit proposed drilling sites and engage in ongoing discussion throughout the exploration program.

As well, the company volunteered to remove some of the lands at issue from its exploration plans. Ontario has withdrawn those lands from further mineral staking.

"This is an example of how by working together in a spirit of cooperation and respect, we can find creative solutions in the face of challenging situations," said Brad Duguid, Minister of Aboriginal Affairs.

"I'm pleased all parties were able to find a workable solution that balances the interests of the Algonquin communities and industry while protecting the environment," said Michael Gravelle, Minister of Northern Development and Mines.

“I’m glad to see that a peaceful solution could be reached and that all the parties will be working together to protect the environment and the interests of the Algonquins,” said Chief Randy Malcolm, Snimikobi Algonquin Community.

“As a result of sharing knowledge, meaningful collaboration, dialogue and understanding between Aboriginal people, government and industry, we have Aboriginal values, environmental concerns, health and safety issues, best practices and a host of other matters as part of a consultation and accommodation process that balances the interests of all parties,” said Chief Doreen Davis, Shabot Obaadjiwan Algonquin Community.

“The consultation process has been a valuable learning experience for all parties. Frontenac embraces the opportunity to pursue the first phase of its exploration program with the benefit of a productive and respectful relationship with the Algonquins,” said George White, President of Frontenac Ventures Corporation

(Please see And So it Goes a letter in response by Bob Lovelace.)

Back to HomeFeature Article - August 20, 2009 North Frontenac Council - Aug 13/09By Jeff Green

Ambulance base location for North Frontenac – numbers pointing south

An ambulance base located in the Ardoch Road/Road 509 vicinity would be located closer to the bulk of ambulance demand than the current location at the township garage near Ompah, Frontenac County Ambulance Manager Paul Charbonneau told North Frontenac Council last week.

Charbonneau presented an update to North Frontenac Council after a consultant’s report called for two options. The first is “a relocation of the Ompah ambulance to a location in the vicinity of the intersection of Ardoch Road and Road 509” because it would have better access to major roads, such as Highway 7, and would be able to respond more rapidly to calls in the eastern portion of North Frontenac and the northern portion of Central Frontenac.

The second alternative put forward by the IBI group, the consultants who did the report, would be to reconstruct the current location so the ambulance could be located indoors.

North Frontenac Township has rejected the IBI report, saying it did not take into account specific realities in North Frontenac, particularly the seasonal fluctuations in population. They also pointed out that the junction of Road 509 and Ardoch Road is located in Central Frontenac, which would leave North Frontenac with no ambulance within its borders.

“The report said ‘in the vicinity’ of those two roads, not necessarily at the corner,” Charbonneau told council, raising the possibility that the base could be located a bit to the north or east of the corner, within North Frontenac’s boundaries.

Charbonneau continued by outlining the work his staff has done since the IBI report was delivered in the late spring. “We use three criteria to evaluate ambulance locations” he said, “drive time and distance mapping, maximum capture of emergency call volume, and past and future growth development. At this point we have information about the first two criteria.”

What the information shows, using 2007 and 2008 data, is that an ambulance located at Ardoch Road/Road 509 would have been within a 30-minute drive (a standard for rural ambulance response that was established in 2000) of 347 calls per year. The current station was within 30 minutes of 101 calls, and a proposed location at a township-owned property in Ompah itself would have been within a 30-minute drive of 99 calls.

“But all of the information is not in,” said Charbonneau, “I am working with your township staff to get information about past and future growth. Until that information is in, we won’t come to any conclusions. When we did the same thing in South Frontenac, we ended up changing the location of the base, from Road 38 to the Sydenham area.”

“A lot of people around here don’t bother with the ambulance; they just drive to the hospital,” said Councilor Lonnie Watkins.

“I don’t dispute that,” said Charbonneau. “I used to work in northern Ontario and I’m familiar with rural independence. But we have no way of counting non-calls. What we want people to know is that ambulance service is not just a drive to the hospital. Paramedics are health professionals; they bring drugs and oxygen with them.”

“One of the other considerations, is that we have a fantastic EFR (Emergency First Response) team within our fire department. They arrive within 18 minutes,” said Deputy Mayor Jim Beam.

Councilor Fred Perry asked if there has been a decision about the future of the Denbigh and Northbrook bases, which are located in Lennox and Addington but provide service to the western part of North Frontenac.

“We are basing all of our decisions on the assumption that Denbigh will stay in place,” Charbonneau said.

A final decision on the location of an ambulance base to serve the northern part of the township is due this fall. “We hope to have funds for a new base construction in the budget for 2010,” Charbonneau said. 

Canonto Lodge on Norcan Lake – Part of a subdivision proposal for Norcan Lake was approved, allowing for the creation of five new lots, but the second part of the application, which includes 13 additional non-waterfront lots, was deferred until the township is able to receive assurance that agreements with the Township of Greater Madawaska to provide fire and emergency and waste management services can be extended to the new lots.

Norcan Lake is not accessible by road to the rest of North Frontenac Township, and municipal services are provided by agreement with Greater Madawaska Township in Renfrew County.

In the vote to approve the subdivision agreement, there were two dissenting votes, by Councilors Wayne Good and Fred Perry from Barrie ward.

Letter to Municipal Affairs almost ready – A draft letter to the Ministry of Municipal Affairs, which outlines the township’s grievances against Frontenac County, has been prepared. When it is finalized, the township will be sending it to the Minister of Municipal Affairs as well as MPP Randy Hillier. It will also likely be released to the public.

Trash Compactor – CAO Cheryl Robson reported that Public Works Manager John Ibey is exploring an option that may be cheaper than the compactor that council has approved for purchase. One way or another, she said, a compactor will be in place shortly, at a cost within the approved budget.

Application for community space – township staff has been assured that municipalities can apply to a federal stimulus fund for community spaces. The grant program, which has a minimum value of $750,000 and a maximum of $15 million, could help the township fund the public space portion of a proposed multi-use township office, community center and library complex that is being contemplated for a piece of land on Buckshot Lake Road near Plevna, which was formerly the site of a Ministry of Natural Resources office. Township staff has been working on the application with Jewell Engineering.

Council approved sending in the application.

MNR and AAFNA – CAO Robson reported that the Ministry of Natural Resources had no information about the land clearing that has been done recently by the Ardoch Algonquin First Nation at the Pine Lake boat launch site. 

Back to HomeFeature Article - June 11, 2009 Anti-uranium art show in MaberlyBy Jeff Green

Paul Gervin and Wolfe Ehrlichman presented a skit with Dumbglo the $28 billion (and counting) elephant

The protest against uranium exploration in North Frontenac has taken many forms, and on May 31 it was the turn of the artists, as a group of activists/artists - or perhaps artists/activists presented a diverse set of works at a one-day show at the Maberly Hall.

The art was as varied as the political struggle has been, taking on Aboriginal issues, issues of social justice, and the question of uranium mining in addition to the protest against exploration.

Sulyn Cedar presented a spoken word piece that sprang from her tangles with the police at the Robertsville site. Among the 20 or so varied pieces on display, woodcarver Mickie Mackie showed a carved Osprey he spent a year making as a gesture in support of the Ardoch Algonquin First Nation, who have an Osprey on their own flag. The Sullivan family took photographs of No Uranium signs from the surrounding countryside and mounted them on a background. Students from Sharbot Lake High School made a large puppet, with the assistance of artist Cheryl Matson, to be used in protests. Other artists, including Sandy McNulty, Isidora Spielmann, Carol Pepper, Martina Field, and Sheila Macdonald also presented pieces, and Dave Dawson read a poem about the struggle, followed by an appearance by Dwayne Scudder.

Filmmaker Liisa Rissanen presented a 30-minute film about a group of canoeists who traveled from Mud Lake at Ardoch all the way to Parliament Hill to present water to Scott Reid and declare a moratorium on uranium prospecting on Algonquin territory. And in the realm of theatre, Paul Gervin and Wolfe Ehrlichman presented a skit with Dumbglo the $28 billion (and counting) elephant that they have prepared for use at political gatherings this summer as a protest against Ontario's plans to build new nuclear reactors.

All in all, the art show was an opportunity for the varied currents of thought and action about the uranium process and the local struggle to be expressed.

To mark the second anniversary of the start of the occupation of the Robertsville mine site, the Community Coalition Against Mining Uranium (CCAMU) is planning their next event on June 28. A potluck dinner and dance will be held, also at the Maberly Hall, featuring the popular Perth dance band BeatleJuice. Tickets are $20 for the fundraising event. For information, call Sulyn Cedar at 613-268-2424.