Letters_08-08
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Letters - February 28, 2008 LettersFebruary 28Re:Cover Photo,Bill Deacon
Warning from Bancroft,Ian Whillans
Pigment Impaired,Glen Pearce
19th Century Mining Act,Don G. Campbell
Re: Cover PhotoOn the front cover of your Feb. 14 paper was a colour picture of Doreen Davis, Chief of the Shabot Obaadjiwan Algonquin group from Sharbot Lake. It is a remarkable picture in that it shows clearly a very proud and stately lady leaving a court that heard contempt of court charges against her and the Ardoch Algonquin First Nations.
These charges arose out of the Aboriginal communities’ blockade of uranium mining operations at Robertsville to try to stop the mining of this substance which has been proven to be extremely dangerous to both people and the environment.
We who are following this know that even though the Native community was willing to negotiate with the Liberal government, who gave the drilling rights to Frontenac Ventures over many protests (even a hunger strike!), it seemed the government in Toronto couldn’t care less about known facts on the damage caused by uranium mining, and are determined to allow mining no matter the costs.
I have nothing but respect for Chief Doreen Davis and the members of the Ardoch Algonquins who stood up to the mighty power of the Government of Ontario, its courts and judges (who are all paid with our tax money). The government didn’t hesitate to use their “big stick” contempt charges against them.
Chief Doreen Davis is a lady of principle who believes in saving her people from possible harm by any means she can. She can be proud to wear her headdress and Native clothing, for if there ever was a chief of the Algonquin peoples she is one.
Now we wait. All we can hope for is that Frontenac Ventures does not find enough uranium to bother taking it out of the ground. Whatever the outcome, we who for whatever reason (myself included) did not take an active part in trying to stop uranium mining in Robertsville, owe a debt of gratitude to those who did.
To our Aboriginal people from Sharbot Lake and Ardoch who risked contempt charges and going to jail to save us from a possible disaster, I say thank you, and hope our governments will at last sit down and negotiate an honest settlement for any and all land claims you might bring to the table.
I have followed the events of this dispute as they unfolded and I thank you for your unbiased and fair-minded reporting of these matters, which that could greatly affect the lives of us all. Reading my paper “The Frontenac News” is a pleasure I don’t miss.
Bill Deacon, Kingston
Warning from BancroftMy wife and I have been keeping a close eye on the news concerning the proposed uranium mine near Crotch Lake.We sold our cottage near Bancroft because of the three abandoned uranium mines around the lake. There are tailings at the mines and one had to be cleaned up due to the fact it was placing radioactive matter into the lake.Now according to some recent tests one of the other mines is sending radioactive matter into the lake.
I now understand that the courts have convicted some individuals for contempt of court, with fines totalling $50,000 and some jail time. This dispute isn't just a legal matter, it is a moral issue as well as an environmental issue. The government should step in to protect the land and the people who occupy the area around the Robertsville mine.
I have one request of Mr. Neal Smitheman, the lawyer for Frontenac Ventures. Why don't you and your family move up to the area around the Robertsville mine and see if your legal judgement is still clouded by a big salary and an appetite to defeat the defendants at any cost to your moral judgement?
Ian Whillans
Pigment ImpairedSince the draconian incarceration of Bob Lovelace, the perception is that this is a matter of the pigment-impaired vs the natives, but it's not, really.We shouldn't lose sight of the fact
that our legal system (I can't dignify it by calling it a 'justice system') and oft-times our government, is an equal-opportunity system.It doesn't really care who it victimizes, as it operates on the basis of big vs small, strong vs weak, well-connected vs powerless.That's how it was, is, and will be.
That said, is there any country on earth with a better system?If there is, we should all be working tirelessly to emulate it.If there isn't, we should all be working tirelessly to optimize ours and set an example we need not be ashamed of.
Glen Pearce
19th Century Mining ActThe recent sentencing of Native leaders because of their legitimate concern for the consequences (consequences which they would have to live with)which could derive from theadventures of Frontenac Ventures in North Frontenac, is just anotherexample of the Wild West mentality aliveand well in Ontario's nineteenth century Mining Act. These people have been on this land for generations, going back long beforeEuropeans arrived in Eastern Ontario. Their dispute is well documented. Frontenac Ventures is a junior mining company with a limited track record and a seemingly undue haste. If the demand for uranium is indeed legitimate, and that is a moot point, it will be there for the long term, and the economic return will remain firm. Why the need to be in such a hurry to punish the Native community? Why the need to be so heavy handed?
Last July the Ministry of Mines and Northern Development proposed changes to the Mining Act and invited public input and consultation; and the public did respond. MNDM is, supposedly, in the process of reviewing this "public consultation" and bringing forth revisions to Ontario's Mining Act. One of the proposals proffered by MNDM was that of more consideration for Aboriginal rights. Was this whole "consultation process" just a hollow public relations gesture? Where are the proposed amendments to the Mining Act?
Regrettably, this whole thing smacks, not of long term, legitimate mining, but of mining promotion and speculation opportunity; intended to take hasty advantage of the current strong base metal price and fostered bylong out-of-date mining legislation. Is it?MNDM appears unwilling to look after the larger public good, acting as it does as advocate for the mining community. Who looks after the big picture, taking into consideration all the effects on theland surface and the people who live there, both now and in the future? Where were the premier and the cabinet while this sorry escapade was playing out?
Sad to say, but sometimes I am simply ashamed to be a citizen of Ontario.
Don G. Campbell, Ottawa
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Feature Article -April 24, 2008 Central Frontenac Official Plan to receive the nod from province.By Jeff GreenIt’s been over two years since Central Frontenac Council began a review of their Official Plan, and 18 months since council sent in their amended Official Plan to the province for approval.Since then Laurie Miller, a planner with the Ontario Ministry of Municipal Affairs and Housing, has made several trips to Central Frontenac, each time with suggestions from the ministry about changes they would like to see.
Laurie Miller again appeared before council at a special planning meeting this week to talk about a few wording changes in the document.
The final issue that came up for debate had to do with council’s desire to allow for certain kinds of ancillary structures, such as gazebos, to be constructed less than 30 metres from the shoreline on existing lots, under certain conditions.
Miller said the ministry would acquiesce, but proposed that sheds not be permitted less than 30 metres from the shore.
“The reason is that sheds could contain toxic substances, such as gasoline and solvents, which we would not like to see stored that close to the water,” she said.
Council agreed, and ministry approval for the document should be forthcoming.
In a reflection of the advances made by the Algonquin Land Claims process in recent years, the Ministry sought comment on the Official Plan from Robert Potts, Principal Negotiator to the Algonquin Land Claim.
Potts’ letter of reply expressed wholehearted approval of the plan.
The Shabot Obaadjiwaan First Nation is a party to the Algonquin Land Claim. The Ardoch Algonquin First Nation, which also has a significant number of members in Central Frontenac, is not.
Uranium_08-25
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Feature Article - June 26, 2008 "Frontenac Venures won't drill before July 21" says DavisBy Jeff GreenShabot Obaadjiwan Chief Doreen Davis told the News on Monday that after intensive negotiations with the Ontario Ministries of Mines and Aboriginal Affairs and Frontenac Ventures Corporation, a pilot consultation framework is slated to be announced by the end of this week.
According to Davis, the two month consultation process will involve public meetings and information sessions with the membership of the Shabot Obaadjiwan. It could include two observers from the so-called settlers community, non-aboriginals who joined with the Ardoch Algonquin First Nation and the Shabot Obaadjiwan in protesting a uranium exploration project in North Frontenac.
This latest consultation framework does not include the Ardoch Algonquin First Nation.
According to Davis, Frontenac Ventures Corporation has agreed to refrain from test drilling on their 30,000 acre mining claim until July 21 to allow for consultation to take place with the Shabot Obaadjiwan membership.
The Shabot Obaadjiwan have suspended court proceedings, which were scheduled for later this week, in which they were planning to seek a stay of a judicial order allowing Frontenac Ventures to carry on their drilling program.
“It is still delicate, but we are working out the details”, Davis said of the ongoing negotiations.
If and when the deal is finalised it will involve public meetings with the membership of the Shabot Obaadjiwan “to get at the information about the impacts of drilling and the impacts of exploration,” said Davis, “which we really don’t know very much about. After that, we'll see what happens. There will never be a mine there, that I can say for sure, and if we don’t have what we need by July 21, we will go back to court.”
The consultation process will include the “Algonquins of Ontario” (AOO) a body which includes nine off-reserve communities, of which the Shabot Obaadjiwan is one, and the Council of the Pikwakanagan Reserve at Golden Lake. The AOO has been negotiating a land claim in the Ottawa Valley with the federal and provincial governments and hopes to have an agreement in principle in place within two years.
The Snimikobi First Nation, under Chief Randy Malcolm, will also be included in the consultations, according to Davis.
Several years ago, a very public split took place between Randy Malcolm and his supporters and the Ardoch Algonquin First Nation under honourary chief Harold Perry, a lifelong resident of Ardoch.
The Algonquins of Ontario (AOO) and the Snimikobi have not been involved in the year-long protest over the Frontenac Ventures mining claim and exploration project, although the AOO has joined with 20 municipal councils in calling for a moratorium on uranium exploration and mining in Eastern Ontario.
The tentative agreement is coming about almost one year to the day, June 28, after the Ardoch Algonquins, joined by the Shabot Obaadjiwan, initially occupied Frontenac Ventures' headquarters at the Robertsville mine on Highway 509 just north of Ardoch Road. The protest eventually led to the incarceration of Ardoch Algonquin former Chief Robert Lovelace for 100 days for contempt of court, as well as fines totalling $65,000 to the community and its leadership. The sentence and the fines were eventually stayed by an appeal court in late May.
The fact that the consultation agreement negotiated by the Shabot Obaadjiwan does not include the Ardoch Algonquins is a “reflection of the different paths that Shabot and Ardoch are on,” said Davis. “A wheel is made up of many spokes and the Shabot Obaadjiwan have always taken a path of politics and negotiation.”
The Ardoch Algonquin First Nation walked away from the land claims process several years ago.
In a press release from late last week, Ardoch Algonquin Co-chief Paula Sherman wrote that only direct two-party negotiations between Ardoch and the government are appropriate to resolve the dispute.
“Direct negotiations between Aboriginal peoples and a resource extraction company is a violation of the Royal Proclamation of 1763,” Sherman wrote.
Sherman also wrote that mediated talks that took place last winter failed because the government would not consider the possibility of prohibiting Frontenac Ventures from drilling as the result of the talks.
Ardoch retains the position that drilling cannot be permitted even after consultation. “We have conducted extensive research on the potential impacts and feel that they are sufficient to justify our position,” the release said. “Those impacts include contamination of ground and surface water, and the release of radon gas from drilling. Humans, animals, amphibians, plant life and other parts of the Natural World that depend upon that ecosystem for survival will be at a much higher risk of radiation poisoning, ill health and mortality as a result.”
In related news, the report was released this week from the Citizens’ Inquiry into the Uranium Cycle. Written by former Toronto Mayor John Sewell, it has been posted at www.ccamu.ca (more on the report next week)
Finally, Kyle Cachagee, an enforcement supervisor with the Bancroft MNR office, confirmed two weeks ago that “The Ministry of Natural Resources has recently laid charges for work conducted on Crown Land in Palmerston Township [North Frontenac] in the vicinity of the area known as Robertsville. Frontenac Ventures Corporation and Gemmill Sand and Gravel Limited will appear in Provincial Court in Kingston on August 7, 2008 to answer these charges.”
George White told the News that Frontenac Ventures will be able to answer the charges, and pointed out that they were not accompanied by a stop work order. “They would love to have a stop work order issued because we broke the law but that has never been the case and never will be the case,” he said.
Uranium_08-22
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Feature Article - June 5, 2008 Robertsville protesters all free, but what next?By Jeff Green
Bob Lovelace, Paula Sherman and Harold Perry at the Kingston Courthouse.
In a Kingston courtroom on Monday, Frontenac Ventures lead counsel Neal Smitheman confirmed to Justice Cunningham what he had already communicated to the lawyers for Bob Lovelace and six other so-called “settlers” who had been summoned to court: the company will not be proceeding with contempt of court charges against any of them at this time.
In the Lovelace case, the matter which was scheduled to proceed on Monday was the “second contempt”, which stemmed from events that took place in mid-February at the Robertsville mine site.
These events took place just days before Lovelace was sentenced to six months in jail unless he would agree to comply with an injunction barring him from the Rovertsville mine.
Lovelace was imprisoned on February 22 and was released on May 28, after a court of appeal panel in Toronto commuted his sentence to time served.
Fines of $25,000 against Lovelace, as well as $15,000 against Ardoch Algonquin Chief Paula Sherman and $10,000 against the Ardoch Algonquion First Nation were stayed at that time.
The reasons for the appeal court panel’s decisions are not expected for some time.
“We are not proceeding with contempt #2” Neal Smitheman told the court.
As to the so-called “settler arrests”, Smitheman said “The police issued promises to appear, returnable on March 18, which were then returnable to today’s date. Our position is there is no motion from Frontenac with respect to them.”
Eileene Kinley, Oskar Graf, Beth Robertson, Sheila MacDonald, and Don Haman received the summons after an incident at the side of Hwy. 509, across from the mine site, on March 16, and Sulyn Cedar received a summons for that incident and for two subsequent incidents.
With those two statements, Smitheman signaled that five days of scheduled court time could easily be compacted into an hour or so, and that, as he said outside the court, “We’re not in the business of prosecution, we’re in the business of drilling holes.”
Although Frontenac Ventures decided not to proceed with the contempt matters, the company asked and received from Justice Cunningham a continuation of the “Jane and John Doe” warrants which apply to anyone who interferes with the company’s activities at the site until the court is set to reconvene at the end of July.
When contacted on Wednesday, George White, the President of Frontenac Ventures Corporation, said the company is planning to carry out the “40-week schedule that was approved by Cunningham last year, and that includes a selective drilling program. We are keeping all our options open about the timing of the drilling,” he said.
Frontenac Ventures has staked a contiguous 30,000 acre parcel of land in Central and North Frontenac that is accessed by a road that runs off of the Robertsville mine site.
A team of bush workers and geologists, numbering about 20, have been working at the site for several weeks, and OPP officers have been stationed across from the entrance most of the time.
The OPP presence has become more extensive over the past two weeks.
George White said he “views the actions of last Wednesday [the release of Bob Lovelace by an appeal court in Toronto] as political, but we will have to wait for the reasons to be released to know why they did it.”
He suggested that Frontenac Ventures may launch its own appeal once the reasons are released.
“We have a number of people who are showing open defiance of the law,” he said, “and they are meeting their objectives if the appeal court ruling is allowed to stand.”
White said that Frontenc Ventures has had little contact with the government of Ontario in the past months. “We had a meeting set up for a couple of weeks ago, but it never happened,” he said.
He also said that Frontenac Ventures has not received any offer from the government to back down from its mining claims. “They couldn’t afford our price,” he said.
Upon his release from prison, Bob Lovelace, who is a retired chief of the Ardoch Algonquin First Nation and lives in South Frontenac, restated his commitment to “block, in a peaceful manner, any attempt by Frontenac Ventures to bring a drill onto Algonquin territory. Under Algonquin law, there is a moratorium against uranium exploration in Algonquin territory.”
The Ardoch Algonquins occupied the mine site on June 29 of last year. They said that the mining claims that were granted to Frontenac Ventures by the government of Ontario were illegal because the land in question is Ardoch’s historic territory which has never been ceded to the Crown
They were joined in their occupation by the Shabot Obaadjiwaan First Nation, which is based in Sharbot Lake. The two First Nations include members who are located throughout the region.
Since mid-February, the two communities have been pursuing independent strategies in the anti-uranium exploration fight.
Stephen Reynolds, the Shabot Obaadjiwaan lawyer, filed a motion in court on Monday week asking for “declaratory relief”. “We will be asking the court to declare that the Crown has an obligation to consult with us before granting exploration permits,” Reynolds told the Frontenac News.
Justice Cunningham said he was not likely to invest himself in the case because Kingston is not his normal jurisdiction.
Reynolds said he is content with another judge hearing the case.
He then asked that Cunningham agree to a stay in his court injunction until the motion is heard, but then Frontenac Ventures Lawyer Neal Smitheman literally jumped to his feet and said, “That would be extremely prejudicial to Frontenac Ventures’ interests.”
Judge Cunningham agreed with Smitheman and said the order will remain in place.
“Just thought I’d ask,” Reynolds said.
The Shabot Obaadjiwaan met with Aboriginal Affairs Minister Michael Bryant in May, and had contact with legal counsel from both the Ministry of Mines and Northern Development, and Aboriginal Affairs since then, including a meeting after the court hearing ended on Monday afternoon.
“The meetings are still preliminary,” Reynolds said.
Within hours of the confirmation that the Ardoch Algonquin leadership is not facing fines or jail time at this point, “non-native” supporters of the Ardoch Algonquins sent out an email announcement of plans for a gathering on June 15 at the Robertsville mine gate for a “peaceful, non-intrusive, afternoon solidarity event,” between 1 and 5 pm.
As to Ardoch’s immediate plans, they will be discussed at a Family Heads meeting in Maberly on Sunday afternoon between 1 and 3 pm. An open meeting will follow between 3 and 5.
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Feature Article - June 12, 2008 School boards launch aboriginal self-identification initiativeBy Jeff GreenThe Limestone District School Board is partnering with the Algonquin and Lakeshore Catholic District School Board on a project to encourage self-identification among aboriginal students in the two boards.The ultimate goal of the project is to improve the educational outcomes for aboriginal students in the two boards, and the first step is to find out who the aboriginal students are.
But even that basic step is complicated, as Madeliene Tarasick found out at the first public meeting for the project in Sharbot Lake a couple of weeks ago.
Tarasick, who is a retired Limestone Board superintendent, and at one time was a teacher and principal at Sharbot Lake High School, has been hired by the two boards to oversee the self-identification process.
Among the participants at the meeting were senior staff from each of the boards, community members, Chief Doreen Davis and Joanne Thomas from the Shabot Obaadjiwan First Nation, Anne Marie Wilson from the Katarokwi Native Friendship Centre, and Mitch Shewell and David Bate from the Ardoch Algonquin First Nation.
The aboriginal leaders all welcomed the new initiative, and talked about the efforts they have been making in educating their own membership and youth in the Algonquin traditions.
Davis said there had been a plan to bring aboriginal programming to Sharbot Lake High School about 10 years ago. “In 1999 or 2000, we came close to bringing programming to this school, but we were stopped because of smudging and drumming, but we’ll try again,” Davis said.
Norah Marsh, Superintendent of Education with the Limestone Board, said the board is “looking to infuse its own programming in such a way as to provide an accurate picture of the history of aboriginal people and to celebrate those histories and cultures.”
Madeliene Tarasick said “I am proud to say that the Limestone and ALDCS Boards took this project on immediately when it was proposed by the province. The Kingston community and environs have a significant number of aboriginal people, and it is illegal to go into a classroom and say ‘how may aboriginals have we got’. You cannot ask that question unless you have a stated purpose. A lot has to be done, starting with a huge increase of awareness at the board level and with the classroom teachers.”
Tarasick then presented a draft pamphlet that is being developed, based on a pamphlet that was used in another region of the province. The pamphlet includes categories for self-identification, including First Nation, Metis, Inuit, and non-status.
“I’m an indigenous person,” said Doreen Davis, “I personally take offence to these categories. We are Anishnaabe peoples, but we are not non-status. I am not a non-status woman.”
“That is offensive,” agreed David Bate.
“It came out of an Aboriginal office,” said Madeliene Tarasick
“That’s because it came out a government-funded office,” said Davis,” but that’s not self-identification.”
“I’m glad that we brought this forward at this time, so we can make changes,” Tarasick replied.
In summing up the meeting during a closing prayer, Mitch Shewell said, “We have made a good start here today. We are working towards a better understanding between different peoples.”
Uranium_08-24
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Feature Article - June 19, 2008 Shabot Obaadjiwan claim breakthrough in consultation, While Frontenac Ventures remains committed to explorationby Jeff GreenIn a press statement released on Friday of last week, the Shabot Obbadjiwaan First Nation said it had won “a key concession from Ontario in its efforts to protect the environment and citizens of their traditional territory. Ontario, the Shabot Obaadjiwan Algonquin, and the Algonquin of Ontario, with the support of Frontenac Ventures Corporation, are developing a consultation process that will allow them to share information and engage in dialogue towards resolving the issues regarding the uranium exploration project.”A meeting was scheduled in Toronto on Tuesday of this week to hammer out the details of the agreement.
When contacted by phone on Tuesday, George White, the president of Frontenac Ventures, said that Tracy Pratt, a lawyer representing Frontenac Ventures, was indeed meeting with officials from government ministries, Doreen Davis, and officials from the Algonquin Land claim table, but he said the company “has not agreed to anything yet. Our ultimate desire is to get a letter of understanding with them [the Algonquins] to the mutual benefit of both parties.”
White also said that Frontenac Ventures is “not going to sign anything that undermines what Justice Cunningham said in his order of September 27, 2007.”
That order included a 40-week exploration schedule which gives Frontenac Ventures the right to drill up to 106 test holes in specific locations on the 30,000 acre parcel of land in North and Central Frontenac that they have obtained the mining rights to.
The mining rights were disputed by members of the Ardoch Algonquin First Nation and the Shabot Obaadjiwan First Nation, who together asserted their aboriginal claim to title over the land when they occupied the property a year ago next week.
The occupation ended in November, and was followed by a mediation process which collapsed in mid-February over the issue of test drill holes. A consultation protocol had reportedly been hammered out, but the two Algonquin communities walked away when the representative from the Ontario Ministry of Northern Development and Mines said that drilling would have to take place during the consultation.
Ardoch Algonquin spokesperson, and retired chief, Bob Lovelace, eventually served 100 days of a six month sentence for contempt of court over his refusal to undertake to the court that he would not act to impede Frontenac Venutres’ exploration program.
The meetings this week seem to be hinged on the same point as those in February, except that the Ardoch Algonquns are not at the negotiation table.
At a public meeting near the Robertsville mine site entrance last Sunday, Doreen Davis reportedly told a group of supporters that the negotiations are at a delicate stage, and that Frontenac Ventures had been convinced to refrain from commencing its drilling program before Thursday, June 19.
George White said he had not authorised this, but added that his legal team has enough leeway to make this sort of minor commitment. “For a few days I don’t think it’s going to upset anybody,” he said.
In related news, Kyle Cachagee, an enforcement supervisor with the Bancroft MNR office, confirmed last week that “The Ministry of Narural Resources has recently laid charges for work conducted on Crown Land in Palmerston Township [North Frontenac] in the vicinity of the area known as Robertsville. Frontenac Ventures Corporation and Gemmill Sand and Gravel Limited will appear in Provincial Court in Kingston on August 7, 2008 to answer these charges.”
George White said Frontenac Ventures will be able to answer the charges, and pointed out that they were not accompanied by a stop work order. “They would love to have a stop work order issued because we broke the law but that has never been the case and never will be the case,” he said
Uranium_08-29
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Feature Article - July 24, 2008 Bob Lovelace returns to Robertsville to deliver a teachingBy Jeff Green
Bob Lovelace, delivers a traditional teaching at Robertsville Mine.
Almost two months after his release from prison after serving over 100 days for refusing to promise not to go there, Bob Lovelace returned to the gate of the Robertsville mine on Monday morning.
He was accompanied by two of his young children, some members of the Ardoch Algonquin First Nation and a number of non-aboriginal activists; a total of about 25 people.
The group met at the Robertsville village sign, located about 200 metres from the gate of the mine, and parked their vehicles. They then walked in a slow procession towards the gate and gathered in a circle on the passageway between road 509 and the closed gate. Two workers stood behind the gate, one of them holding a video-camera. There were no uniformed police officers present, although an unmarked van arrived parked on the side of the road across from the gate. Two occupants remained inside the van.
A man wearing shorts and a T-shirt was on site, carrying a digital camera with which he was taking video. He was communicating with someone through a two way radio.
Mitch Shewel of the Ardoch Algonquins greeted everyone and Bob Lovelace then told the story of the great bow, which, in the interpretation he offered after tellling the story, is an allegory for the political struggle that the people who were in attendance have been involved in for the past year.
After about 45 minutes, the gathering broke up, and everyone returned to their vehicles and left without incident.
The mere fact of holding the teaching at the gate of the Robertsville mine, which may lead to further court actions, was clear to all of the participants, including those who were recording the event.
The last time a public gathering took place in the vicinity of the mine gate, which was in late February, several people received summonses from the OPP to attend Kingston Court. Frontenac Ventures lawyers, acting as a sort of prosecution team, decided not to seek any remedy from the court against those people and they were never charged.
In August of last year, Justice Thomson of the Kingston Superior Court delivered an interim injunction ordering protesters to leave the Robertsville mine site. At that time an ongoing occupation of the mine site by the Ardoch Algonquin and Shabot Obaadjiwan First Nations was two months old.
In September Justice Cunningham of the Superior Court endorsed Thomson’s injunction, which established a prohibition against any protest within 200 metres of the worksite of any member of Frontenac Ventures Corporation, the company that has leased the mine site in order to access property they have staked for uranium exploration.
In court in February Lovelace pled guilty to violating that order, citing that his commitment to Algonquin Law superseded his obligations under Canadian Law. He also refused to undertake not to defy the injunction in the future and for that he was fined $25,000 and sentenced to six months in prison.
In late May, an appeal court commuted the sentence to time served and repealed the fine.
The Shabot Obaadjiwan First Nation, who joined with the Ardoch Alfgonquins in occupying the Robertsville mine last year, are now in ongoing consultations with the Ontrio Governemnt and Fronenac Ventures Corporation over how the exploration project can proceed.
The Ardoch Algonquins have rejected that process saying that it came with too many pre-conditions.
Late on Monday, the Shabot Obaadjiwan put out a press release in support of the Provinces’ just announced intitiative to review the Ontario Mining Act in light of aboriginal concerns.
“It is easy to criticise and grandstand. It is a lot tougher to do the serious work that leads to progress,” said Shabot Chief Doreen Davis. “The announcement last week is yet another confirmation of the wisdom of the approach we have adopted and the value of our ongoing discussions with the Province of Ontario.”
Uranium_08-35
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Feature Article - September 4, 2008 MNR drops charges against Gemmill’s, Frontenac VenturesBy Jeff GreenAnti-uranium activists who attended at the Sharbot Lake Provincial Offences Court last Thursday, August 28, were surprised to find the case they wanted to monitor was over before it started.
Charges stemming from activities of Gemmill's Construction and Frontenac Ventures on Crown Land near the Robertsville mine were withdrawn, and the case was over before it had started.
“This is the way things work,” said Ardoch Algonquin acting chief Mireille LaPointe when she found out about the decision, “They can do what they want on the land and the government lets them get away with it.”
Members of the Ardoch Algonquin and the Shabot Obaadjiwaan First Nations blockaded the Robertsville mine for four months last year, claiming that the Frontenac Ventures’ exploration project was taking place on unceded Algonquin territory. It was during the occupation that they discovered that some of the road work that had already been done adjacent to the site seemed to them to be in contravention of Ministry of Natural Resources (MNR) regulations.
They were able to convince the MNR to press charges but an MNR representative told the court that, in looking more closely at the case, they could see that a conviction was unlikely, and the charges were withdrawn.
Frontenac Ventures President George White was pleased with the decision. “The charges were trumped up to begin with,” he told the News, “and when we pointed out to them that we have cooperated with the MNR and with the Ministry of the Environment from the start, they knew this was going nowhere.”
White added that Frontenac Ventures is completing geological work on the site and is also in the midst of negotiations aimed at signing a memorandum of understanding with the Shabot Obadjiwaan and Snimikobi First Nations regarding the company’s test drilling program, which is set to commence soon.
The Ardoch Algonquins are not party to these negotiations, but have been involved in direct talks with the Ministry of Aboriginal Affairs. However, those talks have now apparently broken off, reportedly because among other things, the government did not agree to consult with the Ardoch Algonquins prior to allowing Frontenac Ventures to begin their drilling program.
In the meantime Robert Potts, the chief negotiator for the Algonquin Land Claim, is trying to clarify who counts as an Algonquin representative and who doesn’t.
In a letter sent to municipal councils Potts wrote, in part, “From time to time you may receive communications from persons claiming or implying that they are representatives of Algonquin communities ... “.
He then identified a list of 16 individuals, whom he described as “Algonquin Nation Representatives from whom I am taking direction.”
The list includes Shabot Obaadjiwaan Chief Doreen Davis, and Randy Malcolm of the Snimikobi, also known as the Beaver Creek first Nation, listed under the heading “Ardoch”.
Uranium_08-48
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Feature Article - December 4, 2008 Shabot Obaadjiwan comes to accommodation agreement with Frontenac VenturesBy Jeff GreenIt took almost six months of negotiations, but the Shabot Obaadjiwan First Nation, along with their Algonquin Land Claim partners, have inked an agreement with the Government of Ontario and Frontenac Ventures Corporation.
The agreement includes the abandonment of 17 mining claims by Frontenac Ventures, 11 on unpatented (Crown) land and 6 on privately owned land. In return the province has agreed to reinstate 22 lapsed claims to the company. It also provides for a steering committee, with aboriginal representatives, which will monitor the company’s drilling program.
The agreement deals with issues stemming from a court injunction by Ontario Justice Cunningham. In September of 2007 Cunningham ordered all protestors off the exploration property of Frontenac Ventures and granted the company leave to drill uranium test holes.
In February of 2008, Shabot Obaadjiwan Chief Doreen Davis, and War Chief Earl Badour, under threat of serving time in jail, entered into an undertaking to adhere to Justice Cunningham's order. Bob Lovelace, of the Ardoch Algonquin First Nation, refused to enter into such an undertaking and he was sentenced to six months jail time (he was released after 3 months after winning an appeal).
“By entering into this agreement, we have been able to remove sensitive lands from the mining claim, and we will be able to monitor the drilling program and ensure the holes are properly filled,” said Chief Doreen Davis of the agreement. “Until now, the company was able to drill without any monitoring by us. This agreement deals only with the program that had been ordered by Cunningham's injunction.”
In conjunction with the Accommodation Agreement, the Province of Ontario has agreed to pay $109,000 to Frontenac Ventures Corporation, which had been awarded to the company by Justice Cunningham to cover their legal costs in pursuing court injunctions. Until Ontario agreed to pay, the Shabot Obaadjiwan and Ardoch Algonquin First Nations (AAFN) were on the hook for the money.
The Ardoch Algonquins did not participate in the consultation process that led to the agreement.
Bob Lovelace, the spokesperson for the Ardoch Algonquins, received a letter from Doug Carr, the Assistant Deputy Minister, Negotiations and Reconciliation Division, of the Ministry of Aboriginal Affairs, just as the agreement was to be announced.
The letter informed Lovelace of the agreement, and said “Ontario believes it has offered the AAFN reasonable opportunities to engage in a meaningful process of consultation including the most recent process ... unfortunately the AAFN chose not to participate in this process.”
Lovelace told the News that in early October there was indeed a meeting in Toronto between the Ardoch Algonquins and the two ministries involved. The AAFN then sent a letter to the province inviting everyone who attended the first meeting to come to the Ardoch area, “walk the land, have a meal, and continue talking. There has been no response until a week ago.”
AAFN has responded to the Accommodation Agreement in a statement that was released on Tuesday, December 2. In it they said the agreement with the Shabot Obbadjiwaan came about because of coercion on the part of the government. “Shabot acquiesced because they feared a renewal of prosecutions and because they faced court costs of $109,000. In addition, Frontenac Ventures continued a lawsuit of $77 million against them”.
The release concludes by stating that the AAFN “will continue to oppose exploration for uranium and hold Ontario to their legal responsibility to consult and accommodate in an honest and equitable way.”
One of the advantages to the accommodation agreement, according to Doreen Davis, is that it is tied to a commitment that all future mining activities, including staking activities, within the Algonquin Land Claim, will be filtered through the land claim process.
“Nothing like this will happen again in our territory,” Davis said, “and those claims that have been withdrawn will remain that way until the land claim is settled.”
Concerned Citizens Against Mining Uranium (CCAMU) whose members joined with both the Shabot Obaadjiwan and the Ardoch Algonquins in the occupation of the Robertsville mine, has also responded to the Accommodation Agreement.
“These negotiations were conducted behind closed doors with no involvement whatsoever by property owners, businesses or any of the 23 municipal governments in southern Ontario that have petitioned the Province for a moratorium against uranium exploration and drilling. We believe that this shows that the McGuinty government does not take seriously the concerns of 2 million residents represented by these Councils, which include Ottawa, Kingston, Peterborough, Kawartha Lakes and many other smaller townships and counties in eastern Ontario,” CCAMU said in a release.
CCAMU reiterated its call for “a moratorium on exploration of uranium in Eastern Ontario.”
First Nations, industry and Ontario government build stronger relationships in eastern Ontario.Press release by Ministry of Aboriginal AffairsThe Shabot Obaadjiwan and Snimikobi Algonquin communities, together with the Algonquins of Ontario, Frontenac Ventures Corporation and the Ontario government, have successfully consulted on the company’s proposed uranium exploration plans in Frontenac County, north of Kingston.
All participants in the consultations agreed on specific measures to protect health, safety, the environment and respect and protect Aboriginal values and interests. A steering committee with Algonquin and Frontenac Ventures Corporation representation will visit proposed drilling sites and engage in ongoing discussion throughout the exploration program.
As well, the company volunteered to remove some of the lands at issue from its exploration plans. Ontario has withdrawn those lands from further mineral staking.
"This is an example of how by working together in a spirit of cooperation and respect, we can find creative solutions in the face of challenging situations," said Brad Duguid, Minister of Aboriginal Affairs.
"I'm pleased all parties were able to find a workable solution that balances the interests of the Algonquin communities and industry while protecting the environment," said Michael Gravelle, Minister of Northern Development and Mines.
“I’m glad to see that a peaceful solution could be reached and that all the parties will be working together to protect the environment and the interests of the Algonquins,” said Chief Randy Malcolm, Snimikobi Algonquin Community.
“As a result of sharing knowledge, meaningful collaboration, dialogue and understanding between Aboriginal people, government and industry, we have Aboriginal values, environmental concerns, health and safety issues, best practices and a host of other matters as part of a consultation and accommodation process that balances the interests of all parties,” said Chief Doreen Davis, Shabot Obaadjiwan Algonquin Community.
“The consultation process has been a valuable learning experience for all parties. Frontenac embraces the opportunity to pursue the first phase of its exploration program with the benefit of a productive and respectful relationship with the Algonquins,” said George White, President of Frontenac Ventures Corporation
(Please see And So it Goes a letter in response by Bob Lovelace.)
Algonquin_09-33
Back to HomeFeature Article - August 20, 2009
Landclaim: Agreement in principle just two years
away, once againby Jeff Green
Detail
of Algonquins of Ontario Landclaim map as it applies to Frotnenac
County.The grey boundary indicates the southern border of the claim.
The map includes the following rider, "This map is illustrative,
and includes the Ontario landclaim area of the Algonquins of
Ontariowith, the pre-contact are of the Algonquins fo Ontario and
additional areas with land uses consistent with present day
Algonquin interests." Click map for full PDF version ( 1.09 Mb).
Details of negotiations towards an Agreement in Principle (AIP) are confidential, but at a meeting of the municipal advisory and external advisors committees in Pembroke, certain basic details were revealed.
The advisory committees, which had not met for two years, include representatives from municipalities and interest groups.
North Frontenac Mayor Ron Maguire attended the meeting on behalf of Frontenac County, along with Joe Gallivan from county staff.
“The first thing that Robin Aikin, the federal negotiator, said was rather disheartening. He said we were ‘back to square one’ after 19 years of negotiations. But then he talked about a commitment to an Agreement in Principle within two years. But you’ve heard that from me before,” Maguire said, in reporting on the meeting to Frontenac County Council.
In addition to a framework agreement, the parties also signed an interim consultation agreement, which is designed not only to avoid disputes while the AIP is being negotiated, but also to encourage economic development within the land claim territory in the short term.
Although the advisory committee meetings are not open to the public, Maguire said it was decided at the most recent meeting that the information that surfaced at the meeting was not to be privileged, and he felt he could discuss it publicly
As such, Maguire revealed that one of the results of the land claim would likely be that the Pikwakanagan First Nation would no longer be a reserve under the Indian Act, but would have a new status, and that the land claim would likely result in relatively small pockets of Crown land being transferred to Algonquin communities; also, that it would not be a “cash rich” agreement, but would focus on economic development and the advancement of the local communities that are party to the claims process.
Two of those communities are the Shabot Obaadjiwan (Sharbot Lake) and the Snimikobe, whose negotiator Randy Malcolm lives in Eganville, but whose nominal territory coincides with that of the Ardoch Algonquin First Nation. The Ardoch Algonquin First Nation is not a party to the negotiation process, nor, it would seem, to the consultation process that has been developed.
There are other Algonquin First Nations that have, for a variety of reasons, either refused or left the negotiation table, and it is unclear whether the framework agreement or the consultation agreement includes them.
A website, Tanakiwin.ca, has been developed by the Algonquins of Ontario, and a sister site, TheAlgonquinway.ca has also been developed “to promote the restoration of Algonquin cultural traditions”.
While the Algonquin Land Claim does not include any reference to self government, a new office, the Algonquin Consultation Office (ACO) in Pembroke, includes the following goal in its terms of reference: “ACO will provide support to the Algonquins in the land selection process and in building land management capacity before a final treaty is concluded. The ACO will report to the Algonquin Negotiation Representatives (ANRs) and will make recommendations for consideration by the ANRs on issues relating to both consultation and land selection.”
A model of Algonquin governance that is being developed by the Algonquins of Ontario includes a nation government with a direct relationship to community governments.
Another new wrinkle to the current negotiations, which is of particular interest to the Township of South Frontenac, is that the boundaries of the Algonquin Land Claim that is posted on the Algonquins of Ontario’s website includes more territory than in the land claim map found on the Province of Ontario’s Algonquin Land Claim website. The Algonquins of Ontario’s map includes territory south of the Rideau watershed, in the Cataraqui watershed. These lands include the villages of Verona, Harrowsmith, Tamworth and Sydenham, as well as Frontenac Provincial Park.
While the new map includes a line, called “alternate barrier line”, it represents an expansion of lands that are considered of interest to Algonquins into the Quinte and Cataraqui watersheds, beyond the watersheds that drain into the Ottawa River, which have been the basis of negotiations since the land claim process began in 1990.
The Algonquins of Ontario acknowledge that this expansion of territory has not been agreed to by the governments of Ontario and Canada or by neighbouring First Nations. The consultation agreement includes provisions for overlap agreements with the Chippewa and Mohawk First Nations, who also have interests in these terrritories.
While there are implications to this expansion of claim territory, the interests of private land holders, as in all of the Algonquin territories, are not threatened by the land claim, which by agreement is limited to unpatented or Crown lands.
Still, municpal officials are concerned that the setlement of the land claim may add another layer to land use planning processes.
(Note: the information that is available publicly about the Algonquin Land Claim does include discussions of issues that led the Algonquins to walk away from the land claims table in 2001, particularly the divisions between communities and individuals over who will be eligible to share in the benefits from the process, and how to deal with the communities, such as the Ardoch Algonquin First Nation and others, which have rejected the process.
The current protocol agreements do not permit anyone involved in the negotiations to reveal the content of negotiations without the consent of the other parties to the negotiations.)
