Sep 20/07 - Flotilla Leaves Saturday

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Feature Article - September 20, 2007

Flotilla Leaves Saturdayby Jeff Green

At 11:00 am on Saturday, September 24, a canoe flotilla will be launched from the bridge at Ardoch. Some of the canoes are bound for Ottawa and a rally at Parliament Hill.Calling the launch a Coalition of Communities, organizers invite everyone to attend the launch, which will include an opportunity for a paddle on Mud Lake and a opportunity for a family friendly gathering on the water (byob – bring your own boat, or come as you are).Harold Perry, the honourary chief of the Ardoch Algonquin First Nation, will be giving water from the headwaters of the Mississippi River system to two young Algonquin maidens, representing the Ardoch and Shabot Obaadjiwaan First Nations. They will act as water bearers to bring the water by birch bark canoe to Algonquin elder Chief William Commanda, who will receive the water 6 days later, at a ceremony scheduled for 10:00 am at Victoria Island on the Ottawa River near Parliament Hill. The water and the demand for a moratorium on uranium mining will be poured out on the steps of the Parliament buildings. More details about the events in Ottawa on September 28 will be available at www.ccamu.ca

Feature Article - September 20, 2007 Feature Article - September 20, 2007

Counter Suit Filed: Ardoch & Shabot Lake Algonguins seek $10 million from Frontenac Ventures, 1.3 Million from Provinceby Jeff Green

Legal counsel for the Ardoch and Shabot Obaadjiwaan First Nations have prepared a statement of defense and counterclaim in response to a $77 million lawsuit filed against them earlier this summer by Frontenac Ventures Corporation.The two communities have occupied the Robertsville mine since June 28, which had been the headquarters for the company as it carried out an exploration program on a 30,000 acre swath of public and private land to determine if there is sufficient uranium underground to pursue a mine. Frontenac Ventures filed a lawsuit in late July, and in August sought and received a temporary injunction from the Kingston Superior Court, ordering the Algonquins to vacate the site.This injunction has not been followed. On September 24th, a formal injunction hearing is set to commence in Kingston.But the two Algonquin communities will not participate in the hearing, arguing that the matter is political in nature and the government of Ontario should intervene.They will, however, contest the lawsuit itself, and in a 20-page statement of defense coming out this week, the two First Nations deny many of the claims made in the Frontenac Ventures suit.In their counter suit, the Algonquins claim that Frontenac Ventures “has breached, intends to or would breach, through its exploration drilling or mining activity, the Aboriginal Title or rights of the defendants, …” and the defendants’ rights “to select unencumbered land in any final agreement of the Algonquin Land Claim.”They are also seeking a “permanent injunction” prohibiting Frontenac Ventures from proceeding with “any exploration, drilling, mining or related activity on or in respect to the FVC mining claim area …” In the cross claim against the government, the two communities are seeking $500,000,000 for “breach of constitutional and aboriginal rights” and an identical amount for “breach of fiduciary duty and breach of the duty to consult”. A further $30,000,000 is being sought for “punitive damages”.Essentially, the Algonquins will be arguing that the Mining Act, which is the legislation that authorized the acceptance of Frontenac Ventures’ claims staking and exploration program in the region, violates Aboriginal rights. They also argue that the province failed to consult with the Algonquin communities prior to accepting the claims by the company, which they should have done in accordance with the Constitution Act of 1982.The Algonquins are also seeking an “interim and permanent injunction” prohibiting the province from issuing any claims or permits under the mining until such time as the Supreme Court validates the “constitutional validity” of the act.

Feature Article - September 27, 2007

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Feature Article - September 27, 2007

Two Solitudes: a Kingston Courtroom & the Mississippi Riverby Jeff Green

Harold Perry and Randy Cota paddling with the unity flag.

The ongoing occupation of the Robertsville mine site, access point to a 30,000 acre mining claim, by members of the Shabot Obaadjiwaan and Ardoch Algonquin First Nations, is being played out this week on a five-day paddle along the Mississippi and Ottawa rivers, and in Courtroom A of the Frontenac County Court House.

On Saturday, a couple of dozen canoes and other boats departed from the bridge over Mud Lake at Ardoch to accompany a small party of canoeists, made up of Algonquin and non-Algonquin anti-uranium activists who were embarking on a 6-day paddle to Victoria Island on the Ottawa River near Parliament Hill. They hope to arrive on Thursday night, and will proceed to Parliament Hill for a rally scheduled for 10 AM on Friday morning on Parliament Hill.

The canoeists are carrying two jars full of water that were filled by Ardoch Algonquin Honourary Chief Harold Perry. They will be delivered to Chief William Commanda in Ottawa.

The paddle was undertaken to illustrate the flow of water from the site of the embattled uranium exploration project near Crotch Lake and the Mississippi River in North Frontenac. The anti-uranium activists assert that a uranium mine in the area would pose a serious risk to the water flowing down the river to the nation’s capital. (For further information about the rally at Parliament Hill, see www.ccamu.ca)

The call of the loons on the river contrasts with the wrangling of the lawyers in the Kingston Court. On Monday morning, lawyers for the company, the two First Nations, the OPP, the Province of Ontario, and the Algonquin Nation Representatives to the ongoing Algonquin Land Claims process, gathered before Ontario Superior Associate Chief Justice J.D. Cunningham.

The occasion was the first day of a hearing on a motion for an interlocutory injunction that Frontenac Ventures Corporation is seeking in an attempt to force the Algonquin and non-Algonquin protesters to leave the Robertsville site and allow the company to continue its exploration program, which was halted on June 28 when the occupation began.

The two First Nations communities had already informed Justice Thomson, who was hearing the ongoing case until this week, that they would not participate in the injunction hearing, citing Justice Lindon of the Ipperwash enquiry, who said Aboriginal land disputes should be dealt with by politicians and not courts.

Before commencing the hearing, the parties had a piece of legal housekeeping to deal with. The company has filed contempt charges against eight individuals, including the leaders of the two communities, for breach of an interim injunction levied by Justice Thomson concerning the same occupation, and lawyers from all sides discussed a tentative date for the commencement of that case. Justice Cunningham will be available next week, but he said he was unsure whether it would be appropriate for him to hear the case since he is charged with ruling on a longer term injunction on the same matter.

Neil Smitheman, the lawyer for Frontenac Ventures Corporation, then spent most of the day outlining the company’s case for an interlocutory injunction. Smitheman outlined his client’s activities, and described the occupation of the Robertsville mine as an “illegal, quasi-criminal occupation” which is doing “irreparable harm” to his client’s legal business interests. He said all that is required of Justice Cunningham is that he orders that the occupiers leave the site.

The Attorney General of Ontario and the Algonquins of Ontario are two parties that have intervener status in the case and their lawyers were to address the court once Smitheman wrapped up his case late Monday afternoon. It was anticipated that the case would have wrapped up by Wednesday at the latest. The judge’s decision will come some time later.In the first hearing of this case, which ended on August 2, Justice Thomson took 13 days to render his decision..

Editorial - September 13, 2007

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Editorial comment - September 13, 2007

Hurry Up & Waitby Jeff Green

It has now been 10 days since an injunction was served to the occupiers inside and outside of the Robertsville mine site, and the OPP has thus far refrained from enforcing the order. Officially, they say they are “continuing to negotiate”.

From the point of view of the owners of the property, and their lessee, Frontenac Ventures Corporation, the occupation was clearly illegal when it began on June 28. Indeed, the two Algonquin communities have been waiting for the police to try and remove them from the very beginning.

Nothing has changed since then, with the exception of some courtroom manoeuvring and significant media coverage.

From the start the issue has been both legal and political. The occupation, which now involves aboriginal and non-aboriginal anti-uranium activists, has always included a component of civil disobedience.

All of those involved in the action are perfectly aware that they risk arrest. Indeed, the consequences of arrest could have serious implications for many of the protesters, particularly the three chiefs. Randy Cota, co-chief of the Ardoch Algonquins, is an OPP officer. He accepted a transfer to Orillia recently, and once the injunction was served he has been facing the loss of his job if he enters the mine property. His co-chief, Paula Sherman, is an assistant Professor at Trent University, and faces the possibility losing her position if she is convicted of an offense. Doreen Davis, of the Shabot Obaadjiwaan, is also a member of the negotiating team for the Algonquin Land claim, and she faces her own dilemmas trying to maintain those two roles while leading her community in this occupation.

Nonetheless the occupiers have said they will not leave. Frontenac Ventures lawyer Neal Smitheman and the Kingston Whig Standard newspaper have called this situation “anarchy”, and last week the Provincial Conservative leader John Tory weighed in, saying, among other things, “We can't have even legitimate complaints settled by people taking the law into their own hands.”

These are the strongest opinions that have been expressed publicly, and none of them has gone so far as to say the OPP should risk violence to end the occupation.

Given that there is a broad consensus on that point, what next?

David Ramsay and Rick Bartollucci, the two senior provincial ministers involved, have said they are willing to meet the anti-uranium activists, as soon as this week. There is a slight possibility that the province could craft a decision over a moratorium on mining permits in the traditional territories claimed by Sharbot Lake and Ardoch on the grounds that the communities were not consulted before permits were issued.

However, this would set the kinds of precedents that legal and political advisors to the premier will be strongly advising against.

For one thing, the provincial economy is dependent on mining. As well, the government has recently made a further commitment to nuclear power. The government will also be wary of the fact that under the Indian Act the two communities demanding the moratorium are non-status Algonquin communities, and the demands they are making have not been strongly endorsed by either the Pikwakanagan First Nation, who are the only status Algonquin community in Ontario, or the Algonquin Nation Representatives.

It is highly unlikely the Liberal Party election team will want to deal with this during the current election campaign.

Hearings are scheduled to start in Kingston Superior Court over an interlocutory injunction on September 20, but given the political reality, the practical implications of those hearings might be minimal.

JG

Letters - September 27, 2007

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Letters - September 27, 2007

Letters

September 27 Snimikobi Algonquin First Nation, Chief Randy Malcolm, Elders, Heads of FamilyRe: Mitchell Creek Bridge., Linda Penrose& Nancy BayleyITo mayor Maguire, Brian Garnier Snimikobi Algonquin First Nation

It is with great pride and excitement that the Ardoch Algonquin First Nation presents to you our new Native name. We will be known as Snimikobi Algonquin First Nation.

This new name is the Algonquin name for the Mississippi River taken from (Pembroke, 31-F) historical files. It reflects our connection to this river and the vast population of people that comprise our group. We extend many kilometers from the Ardoch region and this encompasses a greater area.

For clarification, it is pronounced “Shnaw-Mik-Koba”. There is an even earlier definition, which literally meant “beaver creek”.

The vast majority of our members wanted this new name, which clears up any misunderstanding with regards to the AAFNA group, Ardoch Algonquin First Nation and Allies.

Our hope is to work closely with all parties in negotiations concerning the welfare and settlement of our rights, conservation of our lands, keeping open discussions alive between all sectors.

We are looking forward with great anticipation to the future for our children and our children’s children. Let them have a clearer path to follow than our ancestors experienced. We are only looking ahead. You cannot change the past, but you can greatly improve the journey forward.

Chief Randy Malcolm will guide our group with honesty and integrity. Our Elders will teach us many things along the way to make our passage clearer. With the many new members will come fresh ideas and a new perspective to our cause.

This we acknowledge to be true.

Chief Randy Malcolm, Elders, Heads of Family.

(submitted by Brenda Crawford, Harrowsmith)

Mitchell Creek Bridge: Have Council and the Ministry of Environment blown their commitments out of the water?

Over the last three years, residents of South Frontenac Township have expressed ongoing concern about plans to upgrade the Mitchell Creek bridge on Canoe Lake Road. Our township council and Transport Canada promised us again and again - with maps and plans and mitigating conditions - that the new bridge would be built with a minimum of disruption while ensuring the highest safety and environmental standards. Less than one week into the actual construction work (begun mid-September), at least two major commitments are already out the window.

During the second week of August, the building inspector of South Frontenac Township informed two separate residents of Mitchell Creek that a foot bridge would be constructed alongside the new bridge so that school children and residents could easily make daily commutes.

Imagine our dismay on the morning of September 10 when residents attempting to cross Mitchell Creek were informed by the construction team that there was to be no foot bridge provided. School children were tumbled into a rowboat (without life jackets) and other residents were left scrambling to find boat transportation to cross the creek. At the very least, a courtesy letter should have been sent to each of us informing us that no foot bridge would be provided during active bridge construction.

Then on September 18, we were hit with another rude shock. Our clear, lovely creek – home to fish, turtles, frogs and an abundance of other wildlife – was suddenly obscured by a plume of suspended silt so dense that, for more than a hundred yards downstream from the construction, it was impossible to see more than a few inches into the water; this despite continual assurances from the proponents that the technology and means would be strictly applied to prevent such contamination or disruption of habitat.

Where is the promised safe river crossing for our school children and the minimum disruption for commuting members of our families? Where is the highest priority given to environmental protection? Do promises and commitments mean nothing now that bridge construction is under way?

As Mitchell Creek residents, we care about the safety and health of our community and the natural environment. We expect the Mayor, the Council, and Transport Canada to stand by all their agreements on upgrading the bridge.

- Lynda Penrose and Nancy Bayly, Hartington

To: Mayor Maguire

You may be unhappy with the small tax revolt (“North Frontenac takes a stand”, Frontenac News, Sept. 20, 2007] but this minor inconvenience will pale in comparison should a uranium mine be located in North and Central Frontenac.

One Example is the Sydney tar ponds on Cape Breton Island. After thirty-five years of struggle and litigation, most people were lucky to get 20 cents on the dollar for their property. Individuals simply dropped their keys on the front steps and left in frustration. They believed in others who promised better lives, but after all of their hard work, they left with less equity in their pockets, with health issues, broken families, and the "new" adventure of rebuilding their lives. The federal government has the tab. We the taxpayers are picking up the tab.

Example 2: the Deloro Mine northeast of Marmora. Gold mining commenced in the early 1900s, and gold was leached from ore with arsenic, the residue was held in a "tailing" pond, a large above ground swimming pool, with earthen berms or walls. The tailing pond at Deloro is 20 acres. In addition to arsenic contamination, radiation was detected, therefore traveling along Highway #7 when you see a chain link fence posted with an international icon for radioactivity on the north side, crossing a marsh, you’ll recognize you’re south of the Deloro Mine. In addition, the Moira River is contaminated. Therefore, Mayor, inquire about real estate values in the village and take notice of their reduced tax base. Federal government is presently slated $55 million for remediation. We, the taxpayers are picking up the tab.

http://www.portalonline.org/Kristy/Artof_deloro/story3.html

Example 3: Elliot Lake and the Denison Uranium Mine Debacle. (open pit)

http://www.sea-us.org.au/gulliver/rioalgom.html

Example 4: Uranium City Saskatchewan (open pit)

Example 5: The Ranger Uranium Mine in Australia. (in situ)

The process of "open pit" and in "situ" are two current extraction methods for mining Uranium. Open pit is as it sounds: dig a big hole, extract the ore, leach the uranium, and the residual goes into the "tailings" pond. The in "situ" or ISL is a sort of "see no evil, hear no evil". They drill holes into the ground, pump the leaching agent (sulphuric acid) down, extract the liquid, process the uranium from the liquid and the residual goes to "tailings” pond. Radon (radioactive) gas is released from both processes. Decontamination will be necessary, for personnel, equipment, and vehicles exiting the mining site.

There is an old saying in sailing "you don't know where you going, until you know where you've been". Your township, its aquifers, watersheds, and agricultural food chain will become toxic by definition, and what effect will this have on your tax base?

Frontenac Ventures Ltd. has (from articles I have read) professed that the mining standards have changed. They also admit that uranium commodities market value has increased. Mr. White was quoted as saying that the price was currently $136.00 US per lb. in June of 2007. The present spot price for uranium 308 is $90.00 US per pound. The long term pricing stability suggests $60.00 US. Mr. White suggests it is a viable venture at the current value of Uranium; but what happens to the mine if the price of Uranium drops below a viable level. Are we left with a large gaping hole, and unemployed workers with no pension and/or health benefits? Who gets the clean up costs? How does this impact tourism in the area, the health and well being of everyone down stream, down wind, and around the corner?

Is Mr. White interested in "ponying" up his, his children's and grandchildren's life savings as personal collateral to protect 600 employees and the constituency of Eastern Ontario?

The Deloro Mine issue was in litigation for forty years, and finally took a class action lawsuit to "resolve" 100 years of environmental decimation. People made money, but people lost lives.

In summary, you are an elected representative, representing "we, the people", and if they choose to withhold taxes in passive resistance, I wouldn't consider it "ransom", I 'd consider it just exercising their own due diligence. Therefore, recognize who is being held "ransom" here; it is all of us, and we’re negotiating with our health and future.

Brian Garnier, Arden

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Feature Article - September 6, 2007

Injunction formally served at Robertsville mine

by Jeff Green

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Two representatives from the Attorney General’s office, accompanied by two OPP officers, arrived at the site of the occupation at the Robertsville mine at about 3:00 p.m. on Friday afternoon.

They were greeted by members of the Ardoch and Shabot Obaadjiwaan Algonquin First Nations, who have been encamped behind the gate at the privately owned mine since June 29, and also by a crowd of non-Algonquin supporters outside the gate.

As the Attorney General’s representative read out a 7-page order from Kingston Superior Court Justice Gordon Thomson, the crowd drowned out his voice with cheers, drumming and singing.

The judge’s ruling said that everyone located behind the gate on the mine property, and all those supporting the people behind the gate, must leave, and the ruling granted Frontenac Ventures Corporation, which has a leasehold interest in the property, “unfettered access” to the mine site and the 30,000 acre uranium exploration property they have attained through staking.

With the order being filed, the OPP now have authorization to force the people in the encampment out, including placing them under arrest.

OPP spokesperson Paige Whiting told the News that the OPP is considering the ruling now that it has been formally served, but at this time is maintaining the same profile as it has from the start of the occupation two months ago.

On the Tuesday preceding the serving of the injunction, (August 28) a senior police officer assured the leadership from both Algonquin communities he will meet with them again before there is any change to the OPP operational guidelines at the site.

Subsequent to that meeting, a tent city sprung up outside the gate, with non-aboriginal anti-uranium activists establishing a physical presence between the road and the gate. A few of the non-aboriginal protesters have subsequently joined the Algonquin communities behind the gate.

Hours before the order was delivered on Friday, letters were received by chiefs of the two First Nations from Provincial Ministers David Ramsay (Natural Resources and Aboriginal Affairs) and Rick Bartolucci (Northern Development and Mines) offering to meet and consult with the Ministry of Northern Development and Mines.

Paula Sherman, one of the co-chiefs of the Ardoch Algonquins, said she “isn’t sure that the province is really serious because they say they want to continue to consult when they have never even started to consult. They needed to consult before issuing mining permits, not after they’ve been issued”.

Nonetheless the letters are the first provincial response to requests for provincial intervention that the Algonquins have been making since June 14.

Whether the timing of the letters, so soon before a court injunction was served, is coincidental or not, remains unclear

OPP still reviewing the situation

As of this Tuesday, September 4, OPP Communications Officer Paige Whiting was still reporting that the OPP Aboriginal Relations Team (ART) and Major Event Liaison Team (MELT), who have been overseeing the police response to the ongoing occupation since it began on June 28, are still in negotiations over the court order.

Members of the ART team were stationed as “integrated officers” inside the occupation on a rotating basis, until August 30, when they were asked to leave by the leadership of the two First Nations communities.

Although the ruling authorises the OPP to carry out arrests, it also grants the OPP discretion, and calls for confrontation to be avoided.

When the OPP did not act to enforce the court order over the long weekend, lawyers for Frontenac Venture Corporation contacted Judge Thomson, seeking a remedy against the OPP.

(Media reports that lawyers for Frontenac Ventures met with Judge Thomson last Thursday, before the injunction was served, have proven to be unfounded)

As always, we will post updates to this story as they occur on our website: www.frontenacnews.ca.

Feature Article - October 18, 2007 Feature Article - October 18, 2007

New Life For Addington Higlands Resort Planby Jeff Green

It’s been about 6 years since a provincial “jump team” visited townships in the Land O’ Lakes. The team recommended that the northern parts of Lennox and Addington and Frontenac County would greatly benefit if a high-end resort were built to augment the tourist economy.

This led the County of Frontenac to propose the Frontenac Centre Project, which has never progressed past the preliminary development stage.

Addington Highlands Township, however, developed plans for either an eco-lodge or a golf resort into an investment brochure that was marketed through an investment agency two years ago. Although there was interest at the time from at least one potential investor, the missing link was finding a suitable piece of land.

No private landowner came forward, and members of the AHEAD (Addington Highlands Economic Advisors for Development) committee went so far as to pay a visit to the Pikwakanagan First Nation at Golden Lake to see if an arrangement could be made for development on Crown land within the Algonquin Land Claim.

In consultation with the Ministry of Natural Resources, the township has now found a 71 acre piece of Crown land on Sheldrake Lake in the Quinte Watershed, outside of the Algonquin Land Claim territory, that is being made available for development.

A request for proposal (RFP) has been posted on the Lennox and Addington County website (http://www.lennoxandaddington.com/addingtonhighlandsrfp.pdf)

The township is open to a variety of proposals for the land. “We are looking for your plans-- your vision-- to develop this unique opportunity. This may include but are not limited to: a nature lodge, an inn, an eco lodge, a year round commercial resort or lodge, or other similar proposal” says the RFP.

The land is being made available through a land-use permit that will need to be negotiated with the ministry, and if and when a resort is built, the land may be sold to the developer.

The land is accessed from Highway 41 through a 10 km public road, followed by a 6.5 km forest access road, and is not serviced by Hydro.

It is however, located a short hike from one of the bays on Skootamatta Lake, and this has at least one cottage owner on Skoottamatta Lake worried about the implications of development.

James Oborne has expressed his concerns in a series of emails to the Skoottamatta Cottage Association as well as to Reeve Henry Hogg.

He is concerned about Environmental Assessments for the projects being done in the winter, when seasonal residents are not available, and he wonders how a project like this can be proposed on Sheldrake Lake, which is quite shallow. It has a mean depth of 1.4 metres, and a maximum depth of 4.6 metres.

“Frankly, I don't see how they can be stopped and this may just be a ‘back door’ onto Skoottamatta,” he wrote in one of his messages.

The RFP has a closing date of November 16.

Feature Article - October 25, 2007 - October 25, 2007 Deal or No Deal: Contempt of Court Proceeding Hang in the BalanceBy Jeff Green

By Saturday night, October 20, the Robertsville mine site had been vacated, and a new camp was being set up on the outside of the gate, leaving the driveway clear. A team of OPP officers arrived, at the request of the Ardoch Algonquins, to photograph and video the site. They left on Sunday, and the gate was locked, effectively preventing entry by Frontenac Ventures until the mediation agreement is finalised.

An agreement that would lead to a 12-week mediation process and would enable Frontenac Ventures Corporation to access their 30,000 acre mining claim through leased lands at the Robertsville mine to do “unobtrusive exploration” was still hung up early this week over how the company’s activities would be monitored during the 12- week period.

In what Frontenac Ventures Corporation President George White has called a “concession made out of courtesy to the Province of Ontario”, Frontenac Ventures Corporation agreed to allow an observer to “provide comfort to the Ardoch Algonquin and Shabot Obaadjiwaan First Nations that the activities conducted by Frontenac Ventures pursuant to the exploration schedule are low impact,” according to a memorandum written by Frontenac Ventures’ lawyer Tracy Pratt.

The company proposed that John McCance, the Verona-based President of the Southern Ontario Prospectors Association be retained as the observer.

The Shabot Obaadjiwaan accepted McCance, but the Ardoch Algonquins wanted to meet with him, and he appeared at an Ardoch Family Heads Council meeting at the Oso Hall in Sharbot Lake this past Sunday. Many non-aboriginal anti-exploration activists had also been invited to the meeting.

McCance joked that he “might just as well have placed a target on my back” as he was peppered with questions from aboriginal and non-aboriginal activists about his understanding of a variety of subjects. He acknowledged that he had no expertise in plant biology or aboriginal cultural matters that might be relevant to the job, saying “there would have to be someone else or several other people with me to understand everything that might be of concern to you.”

After the meeting, Chris Reid, the Ardoch Algonquins’ lawyer, responded to the Frontenac Ventures legal team by email. He said, “My clients have no objection to John McCance being a member of a team of monitors which includes at least one member appointed by the First Nations. With respect to the monitoring team’s terms of reference, it is our view that the First Nations’ monitors should be advised in advance of all FVC activities and should accompany FVC staff or contractors at all time.”

This led to a terse response from Frontenac Ventures’ lead lawyer Neil Smitheman on Monday, which suggested that the company was willing to share information about their activities with an observer, but will not ask for permission from the Algonquins.

When contacted, George White said he was willing to let the deal fall through, and pursue the contempt of court hearings that are still scheduled for mid-November.

Eight individuals: Doreen Davis, Earl Badour, Robert Lovelace, Paula Sherman, Mitch Shewell, Harold Perry, David Milne, and Frank Morrison, have been named in the contempt of court proceedings. Six of them are members of the Shabot Obbadjiwaan and Ardoch Algonguin First Nations. Frontenac Ventures is seeking to have the court levy hefty fines against them, raising the prospect of assets being seized by the courts. In other aboriginal blockades in Ontario, assets cannot be seized because in those cases the assets are located in reserve lands, which cannot be accessed by the courts.

As of this writing, the News has learned that negotiations are continuing among the Ardoch and Frontenac Ventures’ lawyers, aimed at settling on a second observer to work with John McCance, leaving only the matter of what the observer’s job will be as an outstanding issue.

If that can be resolved, the mediation will likely follow.

Legality of staking to be on the mediation table

Late last week, the Province of Ontario agreed to an agenda for mediation that included two key issues for the First Nations. The first is whether “Ontario had the legal right to allow these lands to be staked prior to consulting with the AAFN and Shabot”, and the second is the possibility of withdrawing “unstaked and staked land” in the region of the Frontenac Ventures Mining Claims. The parties to the mediation now include the federal crown, the two Algonquin communities, and the so-called “Algonquins of Ontario”, which is what the courts have dubbed the 13-member team of Algonquin negotiators to the Algonquin Land claim. A mediator must be found who is acceptable to all parties. The mediation would last 12 weeks, after which time Frontenac Ventures plans to begin a test drilling program, a program the Algonquin leadership still vows to prevent.

Among the tents and trailers outside of the gate is a small hut and a tent trailer which is occupied by Donna Dillman, who has now gone 17 days without eating. She has been subsisting on a concoction of maple syrup, lemon and water, and on fruit and vegetable juices. Earlier this week, she sent a letter to Premier Dalton McGuinty asking for an inquiry into uranium mining.

The letter says, in part, “It is my hope that now that your government has a very clear mandate from the electorate, you will step forward and begin an inquiry that will result in a moratorium on uranium exploration and mining, at least, in Eastern Ontario, and hopefully the whole of the province …

“My children and grandchildren should not have to visit their mother at the side of a desolate rural road. At the same time, they should not have to fear for the water they drink and the air that they breathe. I will end this hunger strike when we are assured against the possibility of uranium drilling up-river of Ottawa.”

She has no plans to take solid food, or leave the site.

A contingent of aboriginal and non-aboriginal protestors are committed to maintaining a presence outside the Robertsville mine site during the mediation period.

Feature Article - October 18, 2007 Feature Article - October 18, 2007

Raging Grannies

On October 15, the Ottawa Raging Grannies visited the uranium protest site near sharbot Lake to lend their support to Donna Dillman on Day 8 of her hunger strike. The Ottawa Raging Grannies wrote several anti-uranium mining songs for this event and sang them for Donna at the protest site. Algonquin protesters have begun to build a shelter on the site, outside of the gate, in anticipation of an agreement to enter inot mediation talks withe the Provincial and Federal Governments

Feature Article - October 4, 2007 Feature Article - October 4, 2007

A Week in the Life of the Robertsville Mine Occupationby Jeff Green

MP Scott Ried holds up a jar of water, presented to him by the Ardoch Algonquins. Reid will read the Algonquin moratorium declaration in the House of Commons.Photo: Kerrison Melcher

The anti-uranium exploration protest has progressed in diverse political and legal directions over the past week.

Last Thursday night, September 27, a declaration was signed by Harold Perry of the Ardoch Algonquin First Nation and Grandfather William Commanda of the Kitiban Zibi on Victoria Island (in the Ottawa River near Parliament Hill). It was a declaration announcing a moratorium on uranium exploration in the Ottawa Valley on behalf of the Algonquin Nation. Harold had been joined by a group of Aboriginal and non-Aboriginal canoeists in a six-day paddle along the Mississippi and Ottawa rivers from Harold’s home in Ardoch, carrying water from the headwaters of the Mississippi.

Meanwhile, in Kingston, Associate Chief Justice Cunningham of the Ontario Superior Court was faxing out an “interlocutory order” in response to a court motion by Frontenac Ventures Corporation, a uranium exploration company that has been unable to access its 30,000 acre mining claim for the past 90 days because of a blockade by members of the Shabot Obaadjiwaan and Ardoch Algonquin (AAFN) communities.

The order is short and to the point: “Any representative of the AAFN, Shabot or anyone supporting their position or associated with them in any way shall forthwith leave the subject property … Frontenac Ventures Corporation shall have immediate, unfettered, and unrestricted access to the subject property …”The ruling accepts a proposed 40-week exploration and drilling schedule as provided by the company. The existing contempt of court proceedings against eight named individuals, including the Shabot Obaadjiwaan and Ardoch leadership, were adjourned by the order in the “hope that AAFN and Shabot will not only obey this order but will rejoin the table to permit ongoing consultations in a meaningful way. As the Supreme Court has consistently noted, disputes such as this one are better resolved through negotiation, a view adopted by Chief Paula Sherman and Chief Doreen Davis in their letter to the Premier dated August 14, 2007.”

The interlocutory order has provoked no response from either First Nation.

On Friday morning, September 28, a number of canoes were portaged from Victoria Island to Parliament Hill for a 10:00 AM rally. About 120 people from Frontenac and Lanark County congregated on the lawn in front of the Peace Tower to hear greetings from several speakers, including Lorraine Rickmans, the Green Party of Ontario’s Aboriginal Affairs critic, who happens to come from the Serpent River Reserve. The reserve is downstream from Elliott Lake and has faced devastation as the result of sulphuric acid and radiation poisoning coming from the Elliot Lake uranium mine, which opened in the 1950s and closed in the 1990s. Paul Dewar, NDP MP from the riding of Ottawa Centre, also spoke. The event culminated when Scott Reid, the MP from Lanark Frontenac Lennox and Addington and the deputy leader of the government in the House of Commons, received the declaration of moratorium from Ardoch Chief Randy Cota, and a jar of clean water from Gillian Cota.

“The first duty of an MP is to receive petitions from their constituents, and present these concerns to Parliament,” said Reid. “It will be my responsibility--and an honour--to present the concerns of the Algonquins to the House of Commons. In the event that there are any procedural questions as to whether this document is in the accepted format for petitions to the House of Commons, I will be seeking the unanimous consent of the House to bring it forward.”

Others who have expressed support for the moratorium in recent days include Grand Chief Stewart Phillip from the Union of British Columbia Chiefs.

After the rally, a delegation brought the declaration of a moratorium to the constituency office of Ontario Premier Dalton McGuinty in Ottawa South.

Meeting in Sharbot Lake

On Saturday, September 29, a meeting was held at Katie’s Lounge in the Sharbot Lake County Inn. In attendance were the leadership of the Shabot Obaadjiwaan First Nation and their lawyer Steve Reynolds, the leadership of the Ardoch Algonquin First Nation and their lawyer Chris Reid, Rob Ferguson from the Ontario Ministry of Northern Development and Mines (MNDM), Bob Crane, the Ontario negotiator to the Algonquin Land Claim, and Robin Aitkin, the Canadian negotiator to the Algonquin Land Claim. Also in attendance as observers were a group of anti-uranium activists who have been involved in the occupation at the Robertsville mine and other activities, including two members of the Christian Peacemakers.

After a 45-minute delay as Rob Ferguson determined if he could accept the presence of a documentary film crew, the meeting commenced.

Several Algonquin chiefs peppered Rob Ferguson to find out if the MNDM is wiling to conduct consultations on the question of whether mining activity will be permitted at all in the territory, or if, in the words of Ardoch co-chief Paula Sherman “you are only here to talk about whether holes can be drilled on one spot or another spot, because if that’s the case, this will be a short meeting.”

Then, Ardoch’s lawyer Chris Reid made a proposal that represented a change in the community’s long-held position as to how the occupation can end.

“We haven’t had a chance to confirm this with the Shabot Obaadjiwaan, but we might be willing to vacate the site if there is a freeze on any activity for at least a year, during which time a five-member mediation team could meet. It would include a representative from Ardoch, the Shabot Obaadjiwaan, Ontario, Canada, and a mediator.”

“We haven’t heard this offer, but I was going to propose mediation as well,” said Steve Reynolds from the Shabot Obaadjiwaan.

The two lawyers agreed to formalize a proposal and send it to the three government officials, who said they weren’t in a position to accept any terms but they would bring the proposal to the political level.

Chief Paula Sherman asked Rob Ferguson if there was any possibility that, at the end of mediation, the province would agree to “saying no to exploration”.

Ferguson reiterated that he could not speak for the ministry, “but you don’t know where a process will end until you enter into it,” he said.

Two days later a 6-point proposal for mediation was sent to Premier Dalton McGuinty by Chief Davis (Shabot) and Chief Sherman (Ardoch). It resembles the proposal outlined by Chris Reid on Saturday. Among the points is one that says, “Mineral exploration and mining will be suspended until the mediation is either concluded or fails.” It calls for a suspension of the occupation and no access to the site for Frontenac Ventures, and the issue to be discussed will include “the staking of mining claims and the issuance of mining leases in the subject area” and the resolution of all litigation between Frontenac Ventures and the First Nations.

Meanwhile, Frontenac Ventures, who were not party to the consultation, have continued to aggressively pursue a legal remedy to the predicament. “They can win the publicity war,” company President George White told the News on Saturday, referring to the rally on Parliament Hill, which made the television news in parts of the country, “but they are not going to win the legal war.”

On Monday, October 1, Frontenac Ventures chartered a helicopter to fly over site and confirm that the occupiers were still on site at the Robertsville mine in contravention of Judge Cunningham’s order. Judge Cunningham will hear submissions from the company today (Thursday, October 4).

Adding a further wrinkle to this situation, Donna Dillman from Lanark Highlands will be commencing a hunger strike in Monday, October 8. Dillman has been camped outside the gate at the blockaded site. She plans to stop eating until a moratorium on uranium exploration and mining is signed.