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It wasn’t until Tuesday morning that all of the parties to a mediation process concerning uranium exploration in North Frontenac gathered at Katie’s Pub at the Sharbot Lake Country Inn. And even then the mediation began with baby steps.
The mediation had been scheduled for Monday December 3, but Tracey Pratt, a lawyer for Frontenac Ventures Corporation, and the mediator, Richard Moore, were not able to make it to Sharbot Lake because of a snow storm.
Representatives from the Ontario government, and the Ardoch and Shabot Obaadjiwaan First Nations, did meet on Monday. They discussed how the mediation will be funded, and listened to a presentation by Ardoch Algonquin Elder Bob Lovelace on the history of Algonquin and European settlement in the Ottawa Valley.
On June 20, the Ardoch and Shabot Obaadjiwaan Algonquins occupied the Robertsville mine, a site that has been leased by Frontenac Ventures Corporation as a base camp for a 30,000 acre uranium exploration project. The land is claimed by the Algonquin communities since there never has been a treaty with Algonquins to cede the land to Canada or Ontario. The Algonquins wrote to Premier McGuinty, asking for the province to negotiate
Frontenac Ventures initiated a lawsuit, and eventually secured an injunction ordering the Algonquins to leave. When that did not happen, they initiated contempt of court proceedings. In early October Judge Cunningham of the Kingston Superior Court coaxed the parties to seek mediation, and delayed hearing the contempt of court proceedings until mid-February of next year. On or around November 5, Frontenac Ventures reclaimed the Robertsville mine site, and have initiated a 40-week exploration program, with test drilling set to begin in the 13th week if the program stays on schedule.
The date of drilling is important because the leadership of both Algonquin communities have vowed they will re-institute their blockade if and when the company attempts to bring a drilling rig on site.
It took until this week for mediation to begin in earnest, and negotiators came up with a meeting schedule that extends until February. Many of the details concerning the dates for negotiations, what will be discussed, or whether it will be an open or closed mediation process, have not been resolved. The protocol for monitoring Frontenac Ventures activities on the site has also not been finalised.
Steve Reynolds, the lawyer for the Shabot Obaadjiwaan First Nation, said he would prepare a proposed work plan for the next meeting, which is scheduled for December 17.
Meanwhile down in Toronto … Donna Dillman has now been at Queen’s Park for 10 days, as her vow to live on only liquids heads towards the 60-day mark. She is demanding that the government of Ontario conduct an inquiry into uranium mining before she will eat. Early in her stay she met with Premier McGuinty. She reported that he said he was “committed to maintaining the present level of 14,000 megawatts of electricity generated by nuclear”, and she responded to him by saying “Eighty percent of Canada's uranium is exported and the country has stockpiles estimated to last for 40 years at current levels of use.”
Since then several people have spoken out in support of Donna Dillman’s stance.
MPP Peter Tabuns, the NDP Environment critic, made a statement in the house early this week. He said, “The Ardoch Algonquin First Nation have repeatedly pointed out that the provincial government has failed to consult with them about uranium exploration on their lands. Communities across eastern Ontario warn how uranium exploration and mining will release contaminants into their drinking water supply, and farmland.”
Last week, rising in the House of Commons in Ottawa, MP Scot Reid made a comment concerning the Frontenac Ventures uranium exploration project and the mining act.
He said, “If the uranium deposit proves rich enough to warrant a mine, it will be the prospecting company, not the landowners, who will profit from selling the mineral rights. The land itself will be turned into an open pit mine and, in return, landowners will get essentially nothing”.
Finally, David Suzuki weighed in on the issue this week.
In a letter to Premier McGuinty, he said, “It appears that opening up uranium mines is part of the nuclear future [of Ontario], but they themselves have a terrible history of leaving a legacy of radioactive pollution. I know that in Frontenac County, there is potentially a large open pit uranium mine on what is the traditional territory of First Nations people. There is no way those lands should be exploited before settlement of the claims of FN people. I hope this is the government's plan.”
Eleven municipalities in Eastern Ontario have now passed motions requesting that the province declare a moratorium on uranium mining, including North, South, and Central Frontenac; Lanark Highlands; Tay Valley; the Town of Perth; and the City of Kingston.
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Feature Article - November 15, 2007 Uranium: Power or Poison?By Jeff Green A ribbon wrapped around a metal marker where one on hundreds of old drill holes near Robertsville are located. The rock behind the drill hole is typical of the type that uranium prospectors look for.The current round of politics that are focused on uranium exploration in Frontenac County has now lasted from Good Friday to Remembrance Day, and have become enmeshed in concerns about the free entry system under the Ontario mining act, as well as Aboriginal rights in general, and the Algonquin Land Claim in particular.
As the result of the actions of the Ardoch and Shabot Obaadjiwaan Algonquins, the political, enforcement and judicial arms of government have become involved at relatively high levels. Last week the issue was raised in the House of Commons by MP Scott Reid, and the question of court injunctions, contempt of court charges and mediation, are ongoing in the Kingston courts. The exploration company is considering suing the Ontario Provincial Police for their policy of maintaining the peace instead of enforcing court orders over the past two months, and the Ardoch Algonquin First Nation is contemplating suing the lawyers who have been negotiating the Algonquin Land Claim for not heading this situation off years ago by insisting that mining exploration be frozen during the land claim process.
And by the publication date of this newspaper, Donna Dillman will be on Day 39 of a hunger strike, with the demand that the Province of Ontario initiate an inquiry into uranium mining.
At the root of all this is an element: uranium. In media coverage of the political machinations over the past six months, including the coverage presented by this newspaper, the question of whether uranium is a miracle mineral that can solve our collective energy problems, or a poison that should be left in the ground where it is, has been relegated to the background.
To Frontenac Ventures and their supporters, as well as to the powerful nuclear industry, uranium is a commodity that fluctuates in value, one that rose as high as $140 a pound this spring after languishing at less than $10 a pound for 20 years. It is now trading for $93 US per pound.
But to people such as Dr. Gordon Edwards of Vanier College in Montreal, releasing uranium from the ground is like opening Pandora’s box, since it has done untold harm for the past 100 years.
Gordon Edwards, and photographer Robert Del Tredici, presented a slide show in Carleton Place last week that chronicled a sorry tale of pain and death that has come about as the result of human exposure to uranium and the elements it breaks down into, such as radium, radon gas, thorium, strontium, and polonium - and the devastation that has been caused by nuclear weapons and nuclear waste.
Interestingly, given what has been happening in Frontenac County this year, Edwards pointed to the fact that the first deaths from uranium mining anywhere in the world were Dene peoples living at Great Bear Lake. The impact of poorly managed uranium tailings storage on people in the Elliot Lake region and downstream in places like Serpent River, where there is a First Nations community, have been well documented.
Edwards and Del Tredici made a compelling case, a scary case, for abandoning all forms of nuclear ambition, whether they have to do with weaponry, energy production, or simply taking the stuff out of the ground, crushing it, milling it, and disposing of the residue of crushed rock.
Gordon Edwards has carried on a crusade, largely self-financed, against the uranium and nuclear industries, for well over 30 years. People who were living in Frontenac County the last time uranium exploration took place in this region back in the late 70’s, might remember that Gordon Edwards gave a talk at the Oso Hall in Sharbot Lake in 1977 or 1978.
Gordon Edwards presents one side of the nuclear story, and although there are many scientists providing alternative views, as a cursory search of the web can attest, he presents authoritative information that is hard to deny.
His many opponents present well-documented information as well, but it must be said that they invariably have a financial connection to some aspect of the nuclear industry; it is in their financial interest to support nuclear. The general argument is that while mistakes were made in the past, uranium can be mined safely under current regulations, and nuclear power is a safe alternative to coal.
In terms of uranium exploration, the issue at hand currently in North Frontenac, Gordon Edwards said in Carleton Place, is that “many of the bore holes that are drilled become chimneys for radon gas; the more you put in the ground the more vents you have created. Holes should be completely sealed with a material like bentonite clay.”
Jamie Fairchild, from Frontenac Ventures Corporation, said the company would definitely cap all of their drill holes if they do get the chance to drill, and they are open to the idea of filling the holes if that will ease the concerns of local people.
A major, perhaps the major concern of the Algonquins and others who were occupying the Robertsville mine until a couple of weeks ago, and who continue to scrutinize what is taking place at the site from the roadside of the gate, is that uranium mining be prevented in this region. Exploration leads to mining, they say, so why permit exploration in the first place?
We will look at uranium mining in more detail in part 2 of this article in the coming weeks.
Before doing that I think it is fair to point out at this time that the chances of a uranium mine ever being established in North Frontenac have been greatly diminished by what has taken place this summer and fall, no matter what happens to the protest from this point forward. This has little to do with the viability of the resource, which is still undetermined.
In order for a mine to actually be established, there would be a great many regulatory hoops to go through, and numerous opportunities for opponents to make their views known, and to block the progress of a mining proponent.
What has been demonstrated by the sometimes disorganized and dysfunctional, but always stubborn, vociferous, and media-savvy opponents of uranium mining in Frontenac and Lanark County, will not be lost on anyone who is thinking of buying this claim from Frontenac Ventures. The alliance between Algonquin and non-aboriginal peoples has been powerful and has proven hard to shake.
There are no active low-grade uranium mines in Canada at this time. No matter how good the Frontenac resource is, there are bound to be equal resources elsewhere in the country, so why would a mining company want to mess with the motley crew of unyielding protestors that have descended on the ghost town of Robertsville over the past four months?
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Feature Article - November 8, 2007Frontenac Ventures Returns to Robertsville Mineby Jeff Green
Peter Jorgensen, the owner of the Robertsville mine, along with Jamie Fairchild of Frontenac Ventures Corporation, have been on the site, and Frontenac Venures Corporation has put a new lock on the gate.The Ardoch and Shabot Obaadjiwaan Algonquin First Nations, who had kept the company off the site since June 28, have vacated the site, although the Ardoch Algonquins have maintained a presence outside of the gate with a band office and a make shift cabin, and anti-uranium activist Donna Dillman is continuing a hunger strike outside the gate. Her hunger strike is now 31 days old.
Observers, who were agreed upon by Frontenac Ventures and the First Nations, will be meeting with the company on the site this week to be informed about plans for preparatory work that will be starting up as soon as the company can get a crew up and running.
One of the observers, Jeff Beaver from the Alderville First Nation, met with Jamie Fairchild at the site this Monday, and in an interview with the Frontenac News, Jamie Fairchild said he found Beaver to be “very professional” and did not see any problems for the agreed-upon work at the site to proceed. John McCance, the other observer, was scheduled to meet on the site on Wednesday.
Fairchild said he has also met with representatives from the Mississippi Valley Conservation Authority, who he said “expressed some concerns about work that has been done and will be done in the future. We will be addressing these concerns.”
The company will also be meeting with officials from the Ontario Ministry of Natural Resources.
The groundwork has been laid for mediation talks, aimed in part at resolving the question of whether the Government of Ontario breached a duty to consult with the First Nation communities when they granted exploration permits to Frontenac Ventures, but a date for starting the mediation is as of yet undetermined.
Speaking on behalf of the Ardoch Algonquin First Nation, Bob Lovelace said that an agenda for mediation has been agreed to by the two First Nations communities and the governments of Ontario and Canada, and “a mediator who is acceptable to all parties has been found.”
The agreement to mediation is itself a victory of sorts for the First Nations communities, which are non-status communities under the Canadian Indian Act. On several occasions, Owen Young, a lawyer for the Ontario government, flatly stated in open court that the Government of Ontario had no duty to consult with the two First Nations communities before accepting the Frontenac Ventures mining claims.
“We are still waiting to hear from Ontario regarding a date for the talks to start,” Lovelace said, “and from our point of view the agreed-upon work at the site by Frontenac Ventures cannot begin until a date is set.”
George White, the President of Frontenac Ventures Corporation, told the News that the company is working on “rounding up geologists, and retaining some local people, bushmen, etc., in preparation for getting the operation up and running.”
According to Jamie Fairchild the company plans to do some geological work and trail preparation, but no more roadwork, when the work starts up in earnest over the next couple of weeks.
Meanwhile the contempt of court proceedings that precipitated the agreement for mediation, are still set to begin on November 14.
Frontenac Ventures initiated a contempt of court motion against 8 people. These people agreed not to contest the company’s assertion that they were behind the gate at the Robertsville mine after a court injunction ordering all protesters to leave the site was served on August 31.
The company has been seeking court-ordered fines against these individuals and any others that are found to be in contempt of the injunction.
An agreement was hammered out in the Kingston Court in early October that set up the mediation process, paving the way for Frontenac Ventures to regain access to the site.
If the government of Ontario has not set a date for mediation by November 14, their lawyer will likely be asked to explain the delay by Justice Cunningham on November 14.
At the very least, the court date will be used to further the progress of the $77 million lawsuit that Frontenac Ventures filed against the Shabot Obaadjiwaan and Ardoch Algonquin First Nations in late July.
The First Nation communities have since filed a counter suit of $10 million against Frontenac Ventures, naming the Government of Ontario in a cross claim to the tune of $1.03 billion.
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Feature Article - January 10, 2008Tough Slugging as Mediation Goes into Closed Session
by Jeff GreenMediation talks aimed at avoiding conflict at the Robertsville mine site in North Frontenac and averting contempt of court proceedings against Algonquin and non-Algonquin protesters took a strange turn when they resumed in Kingston early this week.
When the talks were scheduled to start on Jan 6 at the Holiday Inn, an eight-member delegation from four Mohawk communities reportedly took over the meeting. They refused to leave the main negotiating table and join the observers who were seated around the rim of the room.
Bob Lovelace, the chief negotiator for the Ardoch Algonquin First Nation, who with the Shabot Obaadjiwaan First Nation, have been at the center of the dispute in North Frontenac, reported that he “asked these folks politely to allow the parties to take their place at the table. These people refused and after asking thee times I suspended the session.”
The parties to the talks, which include: the two First Nations, the Ministry of Northern Development and Mines, the Ministry of Aboriginal Affairs, and Frontenac Ventures Corporation, then met in closed session.
It was later agreed that the talks would remain closed except to the negotiators and the membership of the two First Nations, which is something that the government officials had been pressing for in earlier sessions.
The parties have agreed to a media blackout on all substantive points, but the talks have a fixed deadline. In 20 days Frontenac Ventures says they will be in a position to begin a drilling program on their 30,000 acre mining claim, according to terms they submitted to Kingston Superior Court back in September.
For their part, the Algonquins continue to stress there will be no drilling permitted and the blockade at the site that was suspended in November will be re-established if necessary.
“I want both our members and our allies to know that our position going into these negotiations was that there would be no drilling, exploration, or mining and our position coming out of these negotiations will be the same,” Bob Lovelace wrote in a report that will be published in the e-mail newsletter “Uranium News” and posted on the website CCAMU.ca. “These negotiations are really hard ‘slugging’”, he said.
The Algonquins contend that the mining claims granted to Frontenac Ventures are not legal because in the context of the ongoing Algonquin Land Claim in the territory, the government breached their “duty to consult” the Algonquin communities.
In earlier sessions, the Ontario Chief negotiator Cam Clark said that the question of Ontario’s “Duty to Consult” will not be addressed in these talks.
Mediations talks are scheduled to resume early next week.
Contempt of court proceedings against eight Algonquin and non-Algonquin individuals for breach of a court order stemming from the blockade at the mine that took place between June 28 and early November, are scheduled to resume on February 12.
Letters_08-02
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Letters - January 24, 2008 LettersDecember 20From the Algonquin Frying Pan to the Mohawk Fire, Jennifer Tsun, Nishnaabe Kwe, McDonalds CornersThumbs Up to Central Frontenac Road Crews, Marcie WebsterRunning Lights Don't Turn on Tail Lights, Bob MacPhersonFrom the Algonquin frying panto the Mohawk fireFrom the beginning, the Crown, Ontario and agents wanted the farcical mediation meetings to be held behind closed doors. Did they want to isolate the Ardoch and Shabot Algonquin "leadership" to make secret $deals$ over a supposed uranium mine? According to Indigenous law, such meetings that concern the people should be open to the people, as the Algonquins have repeatedly insisted.
Suddenly, Ontario says the meetings are open to the public but now they are to be held in Kingston, outside of Algonquin territory, two hours away from the affected community. Moving the mediation out of Algonquin territory is also a breach of Algonquin law.
However, this is a clear case of the proverbial "Out of the frying pan and into the fire!" Kingston is in Mohawk territory!
Why, we must ask, would the meetings be moved to Kingston? For whose convenience?
The new location was certainly handy for the Mohawks, perhaps too handy. When they changed the venue, the mediation team knew Kahentinetha Horn of MNN was planning to attend - Randy Cota and Bob Lovelace had invited her!
(In July 2007, the Algonquins sent a wampum to the Mohawks seeking their help in the blockade against uranium mining at Robertsville. Nuclear development on Algonquin land would affect Mohawk communities downstream. This official nation-to-nation agreement is ongoing.)
The mediation team was surprised to see a large delegation of Ongwehoneh women and men from the four Mohawk communities of Kahnawake, Kahensatake, Akwesasne and Tyendinaga.
The mediation team was even more shocked to hear Elder Kahentinetha speak in Mohawk to open the meeting according to Ongwehoneh customs and protocols. Ardoch Algonquin Negotiator Bob Lovelace sought to ignore her and defer to one of the Mohawk men. The Mohawks were not about to let the farce continue without exposing it for what it is.
The details of the derailed meeting are best described by those who were there. MNN has published an informative report that can be accessed at www.mohawknationnews.com. The outcome will become more apparent in the days ahead.
One thing's for sure from where I sit.
Mohawk people have tried to help us Algonquins over and over again since the uranium crisis began last June at the Robertsville mine site. From the Mohawk warriors who came to put their lives and liberty on the line at the mine site to Mohawk elders like Kahentinetha who publish the MNN articles in support of the Algonquin struggle, they have given their time and resources to us.
Yet I have been told that people in this community have been warned not to talk to Kahentinetha and not to talk to me. This is colonialism, intimidation and outright gangsterism. This is not the Nishnaabe way.
Indigenous people all over Turtle Island are renewing their alliances. The Mohawks are our nearest neighbours down-river and long-time allies. They have much wisdom and expertise to share with us. They cannot take over our land or ways according to our laws. They simply want to stop any desecration of the Earth such as a uranium mine would create. Together we must protect the Earth for the future generations.
Gratitude is an essential Nishnaabe principle. I would like to take this opportunity to thank the Mohawk women and men who took the time and had the courage to stand up for our rights. Nia:wen and Chi miigwetch.
Jennifer Tsun, Nishnaabe Kwe, McDonalds Corners
(Editor’s note: According to the leadership of the Ardoch Algonquin First Nation, Kahentinetha Horn had not been invited by them to the mediation meeting in Kingston.)
Thumbs Up to Central Frontenac Road CrewsJust wanted to pass on a "BIG THUMBS UP" to the Central Frontenac Road crew that has been working on the Townline Road. I have lived on this road for the past 13.5 years and I have never been as impressed as I am today with the plowing, sanding or grading that has been done in the pastseveral months. You are making my roads passable this year for my children to ride the bus safely and for me to get to work. I don't know what has been done differently this year than in past years, but please keep up the good work.
Marcie Webster
Running Lights Don’t Turn on Tail LightsOn Monday during the snowstorm, my friend Greg and I were watching the traffic and we noticed something that concerned us. The newer cars all have running lights, and so most of the cars were traveling along with headlights, but without any taillights on. They disappeared into the snow as soon as they were past, especially if the car was a light colour.
Perhaps people don’t realize that their running lights are just headlights, and if they don’t actually turn their lights on, they have no taillights.
So I just wanted to give people this safety tip: in bad weather, always turn your lights on.
Bob MacPherson
Uranium_08-03
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Feature Article - January 24, 2008 Frontenac Ventures drilling delayed by Jeff GreenWhile lawyers for Frontenac Ventures Corporation have taken the position that the company will be in a position to start drilling test holes for uranium on their 30,000 acre mining claim in North Frontenac as of January 28, the company’s project manager, Jamie Fairchild, said they will not be ready for at least another month.
Mediation talks between the Ardoch and Shabot Obaadjiwaan First Nations and the Province of Ontario, which have been subject to a media blackout, will resume early next week. The talks are aimed at resolving an impasse between the First Nations and Frontenac Ventures over the company’s right to explore for uranium on the site.
The Algonquin communities occupied the site between June 28 and mid-November, claiming that the permits issued to Frontenac Ventures were illegal because the government did not consult with the First Nations before issuing the permits. The mining claims are located on land that is included in the ongoing Algonquin Land claim.
The company returned to the site in November, and under a schedule they provided to Kingston Superior Court during injunction proceedings against the Algonquins in September, they agreed not to drill test holes for 12 weeks after entering the site.
“We never got started until after hunting season in mid-November,” Fairchild told the News this week, “and a foot of snow fell right after that, so we have not completed the geological work we need to do before drilling. Drill availability is also an issue. All of this makes it extremely unlikely that we will be drilling by late February.”
The leadership of the Shabot Obaadjiwaan and Ardoch Algonquins, as well as environmental activists that are maintaining a presence outside the gate of the Robertsville mine, where the company has its headquarters, have vowed to prevent any drills from entering the property.
Last week, Ardoch Algonquin negotiator Bob Lovelace held a press conference in Toronto to reiterate that Ardoch is prepared to resume their blockade if mediation talks do not result in a moratorium on drilling for uranium.
On Monday, John Davis, a monitor appointed by the Algonquins, was given a tour of the work that Frontenac Ventures has done on the site since returning in February.
According to Jamie Fairchild, the work has been limited to trail preparation since the snow cover precluded most geological work.
Even though the drilling deadline seems to have been pushed back, a court date is scheduled for February 13, where Judge Cunningham of the Kingston Superior Court is scheduled to begin contempt of court proceedings against members of the two First Nations and others. The proceedings were initiated in early October when a court injunction ordering the First Nations off the Robertsville mine site was ignored.
Meanwhile, negotiating teams involved in the Algonquin Land Claim are descending on Sharbot Lake for negotiations this week. Robert Potts, chief negotiator for the land claim, recently announced that an agreement in principle is three years away. Potts had originally hoped to have one in place by 2008.
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Feature Article - February 7, 2008 Shabot Obaadjiwaan leadership backs out of RobertsvilleBy Jeff Green
File photo: Chief Doreen Davis leaving court after a hearing in August, 2007
In one day, it went from the Robertsville 8 to the Robertsville 3.
Of the eight individuals who were facing potentially severe financial penalties as the result of contempt of court charges being pursued in Kingston Court by Frontenac Ventures Corporation, three have had their matters deferred; two have backed out and committed to ending their obstruction; and three were left to face a sentencing hearing.
At the beginning of a hearing on February 12 on the contempt charges, the lawyer for Frank Morrison presented a motion and supporting documents arguing that he should not be part of the proceedings. Instead of pursuing Morrison, Frontenac Ventures lawyer Neal Smitheman proposed that the motion be heard in late March, and that the hearing proceed against the other individuals. David Mile, a member of the Christian Peacemakers who was also charged, stood up in court and admitted to having been present at the Robertsvillle mine site after an injunction ordering people off the site had been served. He has not engaged a lawyer, and it seems the case against him has been deferred. A third man, John Hudson, was not present in court and has not had charges laid against him. Neal Smitheman said he would not pursue Hudson at this time, but held out the possibility that he would at a later date.
This left five Algonquin protesters to face the contempt charges.
Stephen Reynolds, the lawyer for Chief Doreen Davis and Earl Badour of the Shabot Obaadjiwaan First Nation, said that his clients would accept that they had breached the court order.
Chris Reid, the lawyer for Bob Lovelace, Harold Perry, and Chief Paula Sherman of the Ardoch Algonquin First Nation, also said his clients would not dispute the charges, setting the stage for a sentencing hearing to commence on Wednesday morning, February 13.
Neal Smitheman then told Judge Cunningham, who has been presiding over the matter, that it was possible that some sort of arrangement could be made before the sentencing hearing. Judge Cunningham asked if the arrangement could be completed by Wednesday morning, and Smitheman said, “If we can come to one, it won’t take very long,” so court was recessed but not adjourned for the day.
Just over an hour later, court was reconvened and the eight-month alliance between Ardoch and the Shabot Obaadjiwaan dissolved.
Stephen Reynolds read out a statement.
He reportedly said that Doreen Davis and Earl Badour and members of the Shabot Obaadjiwaan had agreed not to block access to the Robertsville mine or any other access to Frontenac Ventures’ mining claim in the future, and that the Shabot Obaadjiwaan First Nation intended to pursue negotiations with the government of Ontario.
That left three members of the Ardoch Nation to face a sentencing hearing.
Bob Lovelace was scheduled to give testimony regarding sentencing on Wednesday morning, and Paula Sherman and Harold Perry were expected to attend court as well.
In information filed with the court last fall, Frontenac Ventures Corporation is seeking at least $50,000 from each individual who is guilty of contempt of court.
The Shabot Obaadjiwaan and Ardoch Algonquin First Nations blockaded the Robertsville mine, the access point for a 30,000-acre uranium claim by Frontenac Ventures Corporation on June 28. They vacated the mine and set up an observation post with non-aboriginal allies outside the gate in early November.
A mediation process between the Algonquin communities and the government of Ontario that began in December was abandoned two weeks ago because the First Nations and the government disagreed over whether test drilling should be permitted during a proposed consultation process.
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Letters - February 14, 2008 Fisher fables debunked in Verona By Jeff Green
Interest was high for a talk by Dr. Jeff Bowman
(photo left) about fishers that took place on a snowy February 12th
night at the Lions hall in Verona.
The Frontenac Stewardship Council and the Friends of the Salmon River sponsored the event, which drew more than 100 people.
Bowman, who works with the Ontario Ministry of Natural Resources (MNR) and Trent University, put one myth to rest right away – the myth that the MNR has not done any research into fishers.
Bowman and a team of graduate students have been studying fisher populations in Ontario, and looking at historical data. Over the years an interesting picture has emerged.
Fishers are relatively small; the females weigh 3 kg and the males 5-6 kg. They are long animals with short legs; they are excellent climbers, and their primary food sources are rabbits, porcupines and deer carrion.
A study of fishers’ diets that was done in 1970,
using the stomach contents of fishers that had been trapped, found
rabbit, deer, vegetation, porcupine, and even raccoon. The study
found no traces of the animal that the most persistent local legend
says it should have found - cats.
“It may be true that the odd fisher eats the odd cat but it is not an important part of the fisher’s diet,” Bowman said.
Fishers spend most of their time chasing rabbits, and periodically checking porcupine dens to try and catch porcupines as they travel from their dens to trees, according to Bowman.
By studying trapping records, it became apparent that fishers were plentiful in Ontario in 1930, but by 1950 fishers had become very rare in southeastern Ontario, mainly because of being caught in traps that were primarily intended for other fur-bearing animals. The only exception was Algonquin Park, where there are isolated regions that are not even accessed by trappers.
The population of fishers increased gradually between 1950 and the early 1990s in eastern Ontario and Bowman credits this to a gradual increase in habitat. Fishers tend to be plentiful in regions where there is 40% or more forest cover, and a mixed hardwood and coniferous forest is preferred.
“Forest cover in the Cornwall/Brockville region declined between 1930 and 1950 but it has increased by 3.5% per decade since then as the total number of farms has decreased,” Bowman said.
A team of researchers has taken DNA samples and placed radio transmitters on 87 fishers in each of two regions: the Kemptville region and Algonquin Park, to try to get a handle on fisher behaviour and population centres.
The studies have yielded interesting results and have changed the MNR’s thinking about how the fishers have come back into prominence in eastern Ontario and northern New York. The density of fishers today is much higher in the Kemptville region, where one fisher has a range of 3.6 kms2 as compared to 29.9 kms2 in Algonquin Park.
This is attributed to a superior habitat for the animal.
“High forest density, plentiful food, and minimal snow cover are ideal for fishers,” Bowman said. Snow cover is a problem for fishers because of their short legs, and this accounts for their low numbers in northern Ontario. A lack of forest has kept fishers out of western Ontario.
Genetic studies have shown there are five distinct lineages to Ontario fishers: Midhurst, Algonquin, Gatineau, Bancroft and Adirondack. Looking at the Kemptville population, it turns out they are derived from the Adirondack and Gatineau populations.
“The theory that the fishers in this region came from the Algonquin animals has not been borne out,” Bowman said.
After his talk, Jeff Bowman took questions. Among the questions were: “Are fishers dangerous to dogs? (No); Did the MNR re-introduce fishers in southern Ontario? (No. They were re-introduced on Manitoulin Island, however); Do they swim? (Yes); Are they dangerous to small children? (No); Do they have a call? (No); and what are their predators? (Other fishers, owls, hawks and coyotes).
Letters_08-07
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Letters - February 21, 2008 LettersFebruary 21Statement from Shabot Obaadjiwan
Statement from Ardoch Algonquin
Ackerman Responds, Jerry Ackerman
Rule of Law,Hedy Muysson
Anti Mining Coverage,Kimberly E. Bate
Political Prisoner, Sulyn Cedar
Contempt, Count Me In!, Bob Miller
Does the Mining Industry Control the Government?, Daniel White
Statement from Shabot ObaadjiwanOn February 12, 2008 the leadership of the Shabot Obaajiwan Algonquin First Nation appeared in a Kingston court to stand trial for their role in the ongoing struggle to stop a proposed 30,000-acre uranium mine on unceded Algonquin land just north of Sharbot Lake, Ontario.
In keeping with the spirit of goodwill and peace in which the Shabot Obaajiwan having been conducting themselves throughout this conflict, Chief Doreen Davis and War Chief Earl Badour Sr. have agreed to continue to abide by the terms of a court ordered injunction issued on September 27, 2007 with which they have complied since the blockade was dismantled on October 11, 2007. The Shabot leadership will ask their community to comply with this order and the “undertakings” negotiated by crown attorneys and Shabot defence lawyers until the case is reconvened for sentencing on March 17, 2008.
This trial is further illustration of the lack respect and indifference with which the Ontario government has consistently chosen to treat the concerns of First Nations people. Ontario has failed to abide by their own legally binding duty to consult Algonquin First Nations before initiating mining exploration on their lands. Instead the government has chosen to hide behind the courts. By attempting to bury this significant political and environmental issue in the mire of the legal system, they have clearly proven that their loyalties lie with industry rather than with people. Ontario has once again elected to promote the profit-seeking ventures of industry over Aboriginal rights and values. In spite of such bad faith on the part of Ontario, Shabot Obaajiwan leaders have consistently demonstrated their willingness to negotiate this issue through consultations with the government.
The Shabot Obaajiwan leadership remains committed to the opposition of the uranium mine, the disastrous effects of which would be felt for many hundreds of kilometres along the watershed and for many hundreds of years. They appeal to members of the Shabot Obaajiwan community as well as other communities of First Nations and settlers involved in the anti-uranium struggle to continue to conduct themselves in the spirit of peace.
We Live to Fight Another Day!
Shabot Obaadjiwan First Nation
Statement from Ardoch AlgonquinsIn a travesty of justice, AAFN Spokesperson Robert Lovelace was sentenced in the Ontario Superior Court of Justice in Kingston to 6 months incarceration and crippling fines amounting to $50,000 for upholding Algonquin law within our homeland. An additional sanction of $2,000 per day will be imposed for every day that Bob continues to obey our law rather than the court order. In addition, our community was fined $10,000 and Chief Paula Sherman $15,000, and our statement of defense was struck out, which means that we are forbidden from challenging the constitutional validity of Ontario’s Mining Act. The court made it clear that First Nations’ laws do not exist in Canada’s legal system and anyone who tries to follow First Nations law will be severely punished.
Shouts of “shame!” erupted in the courtroom as the sentences were read by the judge and Robert was taken into custody. Many were aghast at the harshness of the sentencing imposed for participation in a peaceful protest against uranium exploration which was approved by the Province of Ontario without any consultation with our community.
Chief Paula Sherman said: “No consideration was given to the circumstances that led to our actions. The testimony given under oath by Robert Lovelace outlined Algonquin Law and the corresponding responsibilities of Algonquin people with respect to human activity in our territory. It was tossed aside by the judge and deemed to be of no relevance. The message delivered clearly through this court decision is one of domination and oppression; the law will enforce one set of values with respect to human relationships with the land in Ontario and there is no room for Algonquin laws or values.”
Ontario and Canada portray themselves as shining examples of democracy and human rights for the world to emulate, all the while creating laws, policies, and value systems that oppress and deny Aboriginal peoples’ human right to life as distinct people. Robert testified that Algonquin identity is tied to the relationships that we maintain with the land.
Lovelace is now in jail in Quinte Correctional facility in Napanee. Chief Sherman said: “He is a political prisoner of the Government of Ontario and Ardoch Algonquin First Nation places blame for his incarceration on Premier Dalton McGuinty and the Minister of Aboriginal Affairs, Michael Bryant. We have repeatedly asked for consultations on the mineral claims on our lands within the larger Algonquin homeland. We have offered Ontario a variety of options to enable consultation. Every option was rejected out of hand. Ontario’s position has been consistent: Drilling on our land must occur. Our position has equally been consistent: Meaningful consultation must occur before any of our land is damaged or alienated to mining companies.”
Ardoch Algonquin First Nation
Ackerman RespondsI'm pleased to say something that responds to my deep and continuing concerns for the community and country in which I have lived these many years. I especially welcome John McEwen's attempts to defend the political system that satisfies him. It does not satisfy me. I am willing -- even anxious-- to challenge his assumptions with hard data and hard times I have witnessed or experienced.
Have his "proud Ontario" MPs arranged our economic and financial future to his liking? Is he pleased with being able to fund an otherwise failing business the size of General Motors or Ford? Does he approve of Ontario's financial expert (now finance Minister for the entire country) turning over to the chartered banks the entire surplus of the year, $13,000,000,000 to rescue them from their foolish lending and investing decisions? Did he salute the selection of Lockheed Martin (largest war weapon maker of the world) to supply Stats Canada with the means of carrying out our census? Was General O'Connor -- longtime lobbyist for the military John's choice for Defence Minister? This man spent $20,000,000,000 of my taxes and yours to enrich the weapons industry of Canada and the US, encouraging our youngsters toward endless combative conflict with the rest of the world -- on John McEwen's behalf? As I remember it, none of these actions were mentioned during the election campaign. Did I not hear some one ask?
Instead of funding wasteful and destructive follies, I want our central bank to be creating the funds for everybody's roads, bridges, hospitals, schools and parks. Such a plan worked well from 1939 to 1972. Then the chartered banks rewrote the Bank Act that was designed to regulate their activities. Result? A perfected conflict of interest situation over which an ordinary Canadian anywhere has no say and zero control. And a national debt composed of over 90 % compound interest.
Maybe John will explain for me why 29,000 eligible voters did not vote.
Jerry Ackerman
Rule of LawJudge Cunningham, in his preamble to the sentencing of Bob Lovelace and Paula Sherman of the Ardoch Algonquin Nation, was concerned about the rule of law.Whose law and for whose benefit?The laws of the original inhabitants of this land, which served them well for many centuries, have been completely ignored once again.
Lovelace and Sherman are trying to protect the integrity of their land from the devastation of uranium mining, which will affect us all far beyond the immediate area and poison the land, air and water forever.
In my eyes, Paula Sherman and Robert Lovelace now join the ranks of Nelson Mandela and Rosa Parks in their fight against injustice.Ultimately this travesty of justice and the results ofwillful ignorance of the dangers of uranium mining will rest squarely on the shoulders of Premier Dalton McGuinty.
Hedy Muysson
Thank you for your fine coverage of the Robertsville anti-mining protests.I look forward to detailed news of the 13 February court events and an update on Robertsville. Additionally thousands need to know of the well-being, situation and future of Bob Lovelace who was arrested on Friday. He pays the price for all of us, as do his students, children and family.
I am stunned that the eloquent, peace-keeping, law-abiding and gentle Lovelace sits this moment in a jail cell. Ironic since he has done much social service toward improving prison programs. His crime: standing up for his values, his People, and the care of the Earth. Do we imprison people for peaceful expression and taking a stand? Do we also go ahead with plans to ravage thousands of acres, endanger waterways, ignore resident and landowner rights, and violate land claim law, when there’s serious potential for harm to the public?
We must be able to rely upon the good and just laws of free nations. The courts must protect the welfare of People. They must uphold the law. They must be a source of strength and right for us all. Yet we witness a betrayal. “For shame,” the people called out to the court. I must agree.
Many misunderstand this as a local Native land claim. This is a fight for all people everywhere who want an Earth to safely live upon. Algonquin have a special legal place in this protest, yes. But your neighbors, local lands, cottages, lakes, other mining sites, world organizations, and religious groups—are involved.
Why is the court unwilling to hold off on drilling until investigations and talks conclude? In this time of Green, carbon footprint, environmental crisis, shouldn’t the courts be more, not less, cautious? We turn off faucets, replace our light bulbs, and take the commuter train to work. While mining companies press harder for access to areas so vast we can hardly comprehend, without clean up regulations. And the courts say, “Sure.”
I recently learned Minnesota has a huge increase in mining. In a down economy? The reason: the buyer is China.
Is it possible this free pass from the courts is not because we need uranium for X-rays; nor for nuclear energy as we’ve been told, but to feed the ravenous appetite of an up-and-coming industry? We’re selling our land and safety down the river to meet the demands of a booming China? Then as individuals we’ll pay China for our own resources come back to us as Wal-Mart goods. You know Wal-Mart violations of ethical and environmental policies are well documented. Is this free trade? Prosperity? Let’s pay attention folks. I ask you, get up off that couch and do something.
Kimberly E. Bate
Political PrisonerOntario's citizens care about healthy communities.Therefore it’s of the utmost importance to protect that which we love, and act now to stop uranium mining in our region. Our Algonquin neighbors have stepped up to the plate and one man in particular is suffering the consequences of taking a strong stand against this environmentally destructive industry.
Bob Lovelace is a political prisoner.I'm angry and sad that the justice system failed on February 15 at the Frontenac County Court in Kingston regarding contempt of court charges for interfering with the business of uranium mining.
If there's to be hope for dealing fairly with First Nations issues we must address racism within our legal system.Bob Lovelace spoke about Canadian history and why he has an obligation to stop uranium mining in Algonquin territory, on unceded Crown land.He presented a very clear case in support of the defendants’ position against Frontenac Ventures Corporation.
Justice Cunningham failed to understand the Ardoch Algonquins’ constitutional rights and Ontario and Canada's duty to consult with them regarding use of Crown land.His decision to incarcerate Bob Lovelace and inflict a heavy fine reflects the colonialist bias of the courts.I'm ashamed of our legal system.
What do we do now?Join us in protest this Saturday, February 23, at 11AM at the Quinte Detention Centre where Bob is a prisoner. Check www.ccamu.ca for actions and events and help us stand strong against uranium mining.
Sulyn Cedar
Contempt Count Me InContempt! Count me in! You might add “disgust” as well.
I believe in the “Rule of Law”, but keep in mind that laws have been used to subjugate Native people for centuries. Laws evolve, and that’s why we call it a “Justice System” and not a “Law System”. The Native boarding school fiasco was enforced under the law, and how do we feel about that now?
What is worse, is that this government has put itself above the law in refusing to come to the table in this affair. Hardly a level plating field! The courts have the responsibility to sort this out, and somehow come to a just determination. If Friday’s decision was “just”, shouldn’t the Premier be in jail also? The court could have mandated that ALL parties come to the table. Instead, it chose to use its weight to grind down and punish a few individuals who have taken on the responsibility of representing the will of their people.
Shame! Rightful authority is replaced by “Rule of the big stick”. Well, carve another notch in it. What I learned on Friday is that Native people will find no justice in this court. They need to look elsewhere, perhaps to the international community. They need to find a bigger stick.
Bob Miller
Does the Mining Industry Control the Government?I am appalled at the government’s decision toincarcerate people who arepeacefully attempting to protect themselves and other residents of this provincefrom an arrogant, aggressiveand financially motivatedmining industry. These peoplehave done nothing wrong. What is wrong, is the current mining act and the lack of the government’s effort to correct it.
Superior Court Justice Douglas Cunningham's decisionpresents itself asagovernmental system having complete power byforcibly suppressing opposition, criticism, and regimenting all industry. The conduciveforce behind his decision being the mining industry andits obvious attempt to acquire additional profits regardless of what harmmay be caused to the residents of Frontenac County and surrounding areas. It would appear that the government has decided to sacrifice its ownprovince andresidents due to the growing world demand for uranium. This is Capitalism at it's worst.
The Whig Standard stated that "Cunningham, in explaining his reasoning for the sentence, said that the adoption of self-help flaunts the rule of law and can't be tolerated because respect for our court system evaporates and our entire society suffers as a result." "Self help flaunts the rule of law?" What a ridiculous statement. If the government chooses not to help its own citizens what other choice exists? Society will suffer to a much greater extent if the mining industry is allowed to be its controlling factor.
I don't see this as an Indian affairs issue, but as a moral human rights issue for all residents of Canada.Frontenac Ventureswasgiventhe right by the government to invade and destroyeveryone's land, the land that we worked for and rely so heavily upon for our very existence. Is this Canada's version of justice? Residents of Ontario, even those who appeared to have a complacentoutlook on life, are now beginning to understand the consequences of not participating in the attempt to change the current mining laws.
I believe that Court Justice Douglas Cunningham's morally incorrect decision sent a message that will promote additional activity in the fight against current mining laws, not prevent it. People with political influence,local municipalitiesand all of their council members who believe thatchanges should be made, need to become more actively involved with this atrocity and not be sitting on a fence waiting to see which side of the fence becomes greener first.
Daniel R. White
Lovelace_sentenced_08-07
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Feature Article - February 21, 2008 Lovelace Sentenced 6 Months for Contempt of Courtby Jeff Green
Left: Bob Lovelace as he enters court for sentencing. Photo by Garth Gullekson
In a Kingston courtroom last week, Superior Court Justice Douglas Cunningham heard Frontenac Ventures’ Lawyer Neal Smitheman propose 27 weeks of jail time and hefty fines for Robert Lovelace and Paula Sherman of the Ardoch Algonquin First Nation.
Then he gave Smitheman just about everything he was asking for.
Lovelace and Sherman received six months’ jail time for contempt of court, and were fined $25,000 and $15,000 respectively. In addition, a $10,000 fine was levied against the Ardoch Algonquin First Nation (AAFN).
Supporters who had filled the packed courtroom erupted in shouts and tears as the six-month prison sentence was read out by Cunningham, which led court officers to rise out of their chairs; but after a couple of minutes the noise subsided, and Cunningham continued reading.
He finished reading the sentence, and left. OPP officers then escorted Lovelace and Sherman from the gallery through the courtroom to the rear for processing. As they did so, supporters stood and cheered.
The courtroom quickly cleared, and the 10 or so lawyers who had been representing Frontenac Ventures, the two Algonquin communities, the Ontario Attorney General and the OPP, were in the midst of removing their court gowns and packing up their materials when court reconvened.
Paula Sherman then returned from the processing area behind the court to sit next to AAFN lawyer Chris Reid.
Reid told Justice Cunningham that he had worked out an arrangement with Neal Smitheman. Smitheman said that, “on compassionate grounds”, a beyond last minute agreement had been reached.
Christopher Reid said that Sherman is facing the possibility of losing custody of at least one of her children if she spends six months in jail, and had decided to agree not to breach Cunningham’s order again in exchange for a commuting of the sentence. She is still facing a $15,000 fine, however.
The outcome of the sentencing came after three days of hearings which went just about entirely Frontenac Ventures’ way, but it was 7 months in coming for the company. (see timeline)
Of the eight people whose names were associated with the contempt of court violation, three are not members of an Algonquin community. One of those three, Frank Morrison, had legal representation in court. His lawyer had prepared a motion to dismiss his case, and rather than bog down proceedings by dealing with that motion, it was deferred until March 18, the beginning of the next block of court dates devoted to these matters. The other two people named, David Milne, who was in court and confirmed that he has been on the site in September but did not have a lawyer present, and John Hudson, who was not in court, also were deferred until March.
That left five people, all senior members of the Shabot Obaadjiwaan and Ardoch Algonquins, facing contempt charges. They did not contest the charges.
But as the session was about to be adjourned at the end of the first day, Frontenac Ventures’ lawyer Neal Smitheman asked for a short recess.
The recess dragged on, but at the end of it, Smitheman’s colleague, Tracy Pratt, read out an agreement that had been reached with Chief Doreen Davis and Earl Badour of the Shabot Obaadjiwaan. The two had agreed to comply with the injunction in the future and to counsel others to comply. Their case was also deferred until March 18 on the anticipation that their contempt will be “purged” at that time, and they will not be receiving large fines.
Ardoch’s lawyer Chris Reid later asked that the contempt charge against Ardoch's honorary chief Harold Perry be purged because of Perry's age and state of health, and this was accepted. Perry had to agree to back down from the protest as well.
Robert Lovelace was the only person to take the stand during the sentencing hearing and his testimony lasted more than a day.
Under questioning from Chris Reid, he outlined his reasons for defying the court order, which are tied into his interpretation of his responsibilities under Algonquin law. He said he had no choice but to continue to defy the order.
To turn his back on his responsibilities under Algonquin law “would diminish me as a human being, as an Anishnaabe”, Lovelace told Cunningham.
In his cross examination, Neal Smitheman challenged Bob Lovelace over public safety.
In an open letter to Premier McGuinty that Lovelace released in January, he had warned that the situation at Robertsville could escalate into another tragedy similar to the fatal 1995 shooting of aboriginal protester Dudley George at Ipperwash Provincial Park.
“I put it to you, sir, that you were threatening the Premier of Ontario. It is you who is a threat to public safety,” Smitheman said.
Lovelace said that he was only talking about what might happen, and had never threatened anyone.
Judge Cunningham's decision included a provision that the Ardoch Algonquins statement of defence against the $77 million lawsuit that Frontenac Ventures has filed against them will be struck down as long as Lovelace remains in contempt of his court order.
“This puts us out of the court. I’ve never seen anything like it,” said Ardoch Lawyer Chris Reid.
In the wake of the sentence, the OPP announced that anyone who is within 200 metres of the Robertsville gate will be subject to arrest, and as of early this week an OPP car is parked in front of the gate at the Robertsville mine.
The AAFN and the Shabot Obaadjiwaan published press releases in the days following the court hearing (see page 3).
Lovelace’s sentence is also the subject of a condemnation by Amnesty International.
A rally will be held at 11:00 am on Saturday, February 23 in front of the Quinte Detention Centre, (where Lovelace is being held), 89 Richmond Road in Napanee.
