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| On
February 11, 2008, the mediation process between the Ardoch Algonquin
First Nation and the Ontario Government came to an end. Below is Ardoch's
official statement and the correspondences between the Ontario government
and Ardoch. |
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ARDOCH
ALGONQUIN FIRST NATION’S |
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In early December Ardoch Algonquin First Nation, along with our Neighbours, Shabot Obaadjiwan First Nation entered into mediated negotiations with Ontario to resolve the underlying issues that led to direct action at the Robertsville site. While Ardoch cannot speak for Shabot Obaadjiwan, Ardoch Algonquin people entered into the negotiation process with cautious optimism that this process might lead to actual discussions that would address the illegitimacy of the mining claims and land use permits issued by Ontario's Mining and Northern Development and Natural Resources. Ardoch's position has not shifted and we still maintain that Ontario had no legal right to issue land use permits or mineral claims on our community lands within the larger Algonquin homeland since those lands had never been ceded nor sold to the crown. In retrospect the mediated negotiation process with Ontario was doomed to failure from the start as Ontario had no real intention of addressing the underlying issues which led to FVC's own action to file a claim and stake over 30,000 acres of our community lands. In reality, FVC's mineral claims should not have been processed at all as there was no transfer of title or jurisdiction from Ardoch Algonquin First Nation or even the larger Algonquin Nation, which encompasses billions of acres in what is now Ontario and Quebec. No transfer of title or ownership means the lands in question remain under the jurisdiction of Algonquin people, not the province of Ontario or even Canada. As such Ontario had no legal right to issue mineral claims, and it's this negligence that Ontario refused to deal with or take responsibility for in the negotiation process. The failure to reach a resolution rests squarely on the shoulders of the province and not with the Algonquin people who participated in the process. While we entered into the negotiations in good faith, with the understanding that our concerns would be addressed and discussed, Ontario entered into it with a predetermined mandate and understanding with Frontenac that they would be allowed to drill, no matter the outcome. This became very obvious to us on the last day of negotiations when MMND representative Cam Clark admitted that Ontario's position was that drilling would have to occur alongside any actual consultation process that was started between the parties. For Ardoch Algonquin First Nation, pre-determined drilling was a non-starter which left us with no choice but to withdraw from the process. As a result of our refusal to continue in a process that has a pre-determined mandate to allow drilling, we are once again being constructed as criminals and villains by Frontenac Ventures and the Ontario court system. In reality, it is Algonquin people and our homeland that are the actual victims in this process. While FVC may feel inconvenienced as a result of Ontario's negligence, Algonquin people are suffering violations of our human rights that have the potential to deprive us of actual existence as people in the future. While FVC is concerned about profits, we are concerned about our ability to have life as people. While this way of understanding the world is difficult for many to grasp, including FVC and Ontario, it is very clear to us. Our identity as distinct people (as Algonquin people), is embedded in the relationships that we maintain with the Natural World within our homeland. That identity has developed over thousands of years and is the result of a historical process of relating that must be maintained in a balanced way for us to survive into the future as distinct people. Uranium exploration on our community lands is a violation of our human rights because it will negatively impact our relations within our homeland which we depend on for the continuation of our collective identity. Without those relationships we have no future as people. Given the fact that the "right to life" is upheld in international legislation and within the Constitution Act and the Charter of Rights and Freedoms (all of which Canada holds dear and broadcasts to the world), it distresses us greatly that we seem to be the only human beings whose "rights to life" as people are cast aside and continually violated. How much longer do we and our homeland have to suffer this colonial legacy before Ontario and Canada truly becomes cognisant of the past and the treatment of Indigenous peoples? While FVC and Ontario continue to construct us as the villains, we are not criminals committing criminal acts; we are people taking a stand to protect and maintain our relationships within our homeland. We are required to do this under our own law which predates the establishment of Ontario or Canada. We are the ones whose human rights are continually being violated and whose relationships with the Natural World are continually being compromised by the actions of government officials who allow companies to exploit those lands and waterscapes for which we have the ultimate responsibility to protect. So while FVC may indeed be inconvenienced by Ontario's negligence, that inconvenience cannot possibly compare to the human rights violations we will suffer as people as a result of uranium exploration and mining within our community lands. Ardoch Algonquin First Nation has no choice but to continue to prohibit uranium exploration and mining on our community lands which have been staked by FVC. While we will not prevent access to private property, we cannot allow a drill to be brought onto our lands from any adjacent private property and will stop any such drill from having access. This stance will no doubt lead to actions against our leaders including the possibility of arrest, fines of $50,000 in compensation to FVC and $5,000 a day fines for preventing the drill from having access to our lands. These actions against our leaders have been requested in the contempt order filed by FVC which will be heard in Kingston beginning on Tuesday. We are calling on other Indigenous peoples and Canadian citizens to attend the court process to show FVC and Ontario that colonialism against Indigenous peoples must stop and that Canada and Ontario must take responsibility for the past or this issue will continue to skyrocket until someone is hurt or worse.
MINISTRY
NORTHERN MINES AND DEVELOPMENT’S Ministry
Northern Development and Mines Mineral
Development and Lands Branch February 2, 2008 Co-Chief
Robert Lovelace Dear Co-Chief Lovelace Re: Frontenac Mediation and Consultation As pointed out in the February 1st message from mediator Richard Moore, it appears that the mediation process has reached an impasse and is now at an end. The Ministry of Northern Development and Mines is disappointed that a mutually agreeable proposal to undertake further consultation with your communities was not reached in the mediation process. However, we believe that the mediation was useful in allowing the parties present to gain a better understanding of each other's views in respect of some of the issues raised in the litigation. Ontario has been committed and it remains committed to engaging in consultation efforts in respect of Frontenac's proposed exploratory drilling campaign. As the mediation process concludes, we understand that Frontenac Ventures Corporation intends to proceed with the Phase One exploration on the property specifically authorized in the September 27, 2007 order of Justice Cunningham. Ontario's objective remains to identify and address, through accommodation if appropriate, Algonquin rights associated with the Frontenac tract that may be put at risk by the proposed campaign. Ontario would like to meet with you early next week before any drilling proceeds to have a discussion on the appropriate location of any initial strategic drilling sites. In addition, we would like to continue to discuss the remainder of Frontenac's proposed initial exploration plan including the identification of any impacts, required archaeological or other studies and any mitigation measures identified from these discussions. Such an exchange would provide the foundation to assist in ongoing consultation with respect to the initial phase of exploration and any additional stages of the exploration sequence if the Frontenac project were to proceed further. In addition, MNDM remains open to both the negotiation of a consultation protocol on a broader range of mineral exploration issues and to the identification of specific sites of importance to Algonquin communities which could be withdrawn from staking under the Mining Act. Please get in touch with me as soon as possible to arrange a meeting at the beginning of next week to discuss Frontenac's plan for strategic drilling sites. If you are agreeable, we feel it would be very important for Frontenac to participate in this meeting. I would also appreciate learning of your availability for on-going consultation in relation to this project. Sincerely,
ARDOCH
ALGONQUIN FIRST NATION’SM February 4, 2008 Re: Uranium Exploration in Ardoch Algonquins' Territory I am writing in response to your February 2, 2008 letter. We agree that the mediation process has ended without any agreements. The mediated negotiation ended when Mr. Clark, MNDM negotiator, withdrew support for a fundamental understanding which had been agreed upon by all parties and had been the basis for moving forward with a consultation framework. The parties attending the negotiations had agreed that a consultation process must begin with the expectation of a wide range of possible outcomes, one of which might be that no further exploration would take place. AAFN's collaboration in building a framework for a consultation was predicated on MNDM's commitment to that principle stated above. When the MNDM negotiator retracted his support for this principle and insisted that the exploration activities, including drilling, must be concurrent with consultation, AAFN saw little reason to continue discussions. Although your letter expressed an interest in beginning consultations with our community in connection with the activities of Frontenac Ventures Corporation, we do not regard your offer as genuine. As we have said repeatedly, it is our view the discussions between Ontario and our community should begin by focusing on whether mineral claims can be registered within AAFN territory and, if so, what types of claims can be registered and what consultations should occur prior to the registration of those claims. Once these discussions have progressed we will be in a position to discuss particular project proposals relating to any lands which remain open for mineral exploration. However, in clear violation of Canadian law which requires consultation with affected First Nation communities prior to the alienation of land which is claimed by them, or the issuance of any exploration rights with respect to those lands, the government of Ontario did not consult with our community before allowing FVC to stake claims and register those claims. The failure to consult with the First Nation community most affected by this program of exploration renders the mineral claims recorded to date invalid. Your letter does not offer to hold any consultations on the staking of mineral claims by FVC, or on whether those claims should be recorded. Nor does your offer to consult allow for any possibility that consultations will lead to a decision that there will be no drilling for uranium on our land. Instead, you only propose to only hold consultations on where FVC will drill and how many holes will be drilled. We are not allowed, in your proposed consultations, to even consider the possibility that there will be no mineral claims on our land and no drilling for uranium. We do not regard this as a genuine offer to consult since the outcome of the consultations has been pre-determined by MNDM. We repeat that we are prepared to begin consultations with Ontario on whether or not mineral claims should be recorded on our land and on whether or not exploratory drilling for uranium should be allowed. Our only pre-condition for beginning consultations is for Ontario to agree that it is just as likely that the consultations will result in a decision not to allow any drilling for uranium as it is that the consultations will result in a decision to allow drilling. Further, we do not believe that there is any likelihood of holding genuine consultations with MNDM, since MNDM is openly and actively committed to promoting the interests of the mining industry in Ontario. Throughout the past seven months, MNDM has proven incapable of taking any position other than full, unconditional support for Frontenac Ventures Corporation, and blind opposition to every compromise suggested by AAFN. If any true consultations are to occur, they will be lead by the Ministry of Aboriginal Affairs, not by MNDM. We look forward to hearing from you. Sincerely, Robert Lovelace |