| FIRST
NATION’S MEDIATION SESSIONS WITH THE ONTARIO GOVERNMENT |
| On
Monday, Dec. 3 at 9:30 a.m. at the Sharbot Lake Country Inn, After
many challenges, the government agreed to meet with the First Nations
to consult with them on the issues of land claims
The following are reports from one of the Chief Negotiators, |
| ARDOCH
ALGONQUIN FIRST NATION’S MEDATION REPORTS BY ROBERT LOVELACE |
| NOVEMBER
10, 2007
Well the saga continues, after a long and sometimes tense discussion concerning the proposed mediated negotiation with Ontario we are now very close. This past week the main topic has been FVC's insistence that we move all signs of protest 200metres away from the gate. It just was not going to happen. While we have assured FVC that we will not harass their employees we will not concede to moving the location of the protest. As many of you are aware FVC threatened to proceed with the Contempt charges. This was their position if their demands were not met. As these discussions unfolded I know that many folks felt uneasy about what was going on or left out of the discussion. It was important to facilitate the discussion and to work through the issues so we just did that in an effort to avoid undue alarm. At this writing, Sunday evening 8:25 it looks very likely that FVC will not be proceeding with the Contempt charges on the 14th. Our Protest site will remain at the Gate where we will continue to secure access. We are getting closer to negotiations, one step at a time. Please stick together, have patience with one another, recognize your talents and celebrate our collective spirit. Migwetch,
It has been some time since I filed a report. As almost everyone knows we have been engaged in mediated negotiations with Shabot Obaadjiwan, Ontario and Frontenac Ventures since the beginning of December. We have also been very quietly putting together a contingency plan should the negotiation fail. Tonight we will begin a three-day session of negotiations. The first two sessions have been a useful exchange of information. The First Nations have outlined issues related to history, culture, intellectual and natural knowledge and the process of identifying land values. Ontario has offered little by way of knowledge of the area or a position that might be followed toward an equitable resolution to the present conflict. In the negotiation session beginning tonight the First Nations will address an Interim Measure Agreement (IMA) which was tabled between this session and the last. This IMA calls for a moratorium on Uranium mining in the Ottawa Valley watershed. It also sets in motion the creation of a Land Use and Management committee which will oversee land use issues shared in common between Ontario, Ardoch and Shabot Obaadjiwan First Nations. It also calls for Ontario to indemnify the First Nations and others named in the present legal action from financial costs and damages. Putting the IMA on the table places Ontario in a position to either recognize the interests of the First Nation communities or deny its legal responsibility. We are hopeful that Ontario will recognize its obligations and agree that a formal relationship is the best way to avoid conflicts such as what has happened at Robertsville. It is expected that if an equitable settlement that recognizes the inalienable rights and title of Algonquin communities is not achieved we will once again return to occupy and defend our homeland from unwanted encroachment. We trust that our friends and allies will stick with us and if necessary build coalitions across Ontario and Canada that will work toward better relations between settlers and First Nations people. Colonialism will end when we want it to end. We are all here to stay, we all belong, we all belong to the land and our children's children will inherit the future that we secure for them. Robert Lovelace
Over the last three days negotiations have taken place in Kingston in regard to the ongoing dispute over uranium exploration at Robertsville. The sessions began on Sunday night and concluded this afternoon. There will be further discussions next week. Sunday night's session was disrupted by a group claiming to be representatives of the Mohawk Nation who had seated themselves at the negotiation table prior to the opening. As this session was intended to be open to anyone wanting to observe the negotiations we asked these folks politely to move back from the table and allow the parties to take their place at the table. These people refused and after asking three times I suspended the session. The consequence of this situation was that the Provincial negotiators no longer would support the open concept for negotiations. Sunday evening we had a closed meeting in a private room in order to get the process back on track. It was agreed that we would change the venue for the next morning to avoid continued disruption. On Monday morning we were again disrupted at the new venue so the parties returned to the Hotel. At this point we contacted Mohawk Clan Mothers who asked these individuals to stop what they were doing. The afternoon session on Monday was closed. It was agreed by all parties that for the present only the parties and members of Ardoch and Shabot First Nations could attend sessions. Substantial discussions took place from Monday afternoon until Tuesday at 4pm. While at times the issues sound complex at other times the answers seem so simple. Certainly a major stumbling block is that the Ministry of Northern Development and Mines has never developed policies that respect or address the current legal interpretations of Aboriginal rights and title. Without such policies they often seem at a loss on how to proceed with a solution. The Mining Act has afforded some Canadians more privilege than others and it is hard for the province to recognise that Canadian values about land and development have changed. Even more difficult for the provincial negotiators, is understanding the complexity of Algonquin thought and values. These discussions are really hard "slugging". I am unable to report specifically in this public report on issues. However, I want both our members and our allies to know that our position going into these negotiations was that there will be no drilling, exploration, or mining and our position coming out of these negotiations will be the same. My personal hope is that these negotiations will develop a lasting process that will anticipate community needs, respond to community concerns and put community interests above the short term gains of the profit motive. Robert Lovelace
Tomorrow we return to the negotiation table. As we come closer to the end of the negotiation our discussions are sometimes tense and anxious. Knowing that the whole community is supporting our effort has been encouraging. There has been some concern expressed about Ardoch’s approach to monitoring. The bottom line is that all parties must take some sense of security from the monitoring process. We have supported both John McCanse and John Davis (Editor’s Note: John Davis is of the Shabot Obaadjiwan First Nation) as monitors and have tried to have an Ardoch monitor accepted as well. At every step FVC has resisted an Ardoch monitor and there has been an ongoing exchange with FVC lawyers over this issue. It remains unsettled. I must admit that this has been a tactic designed to divide the two First Nations. Ardoch respects John Davis as a monitor. That is not an issue of contention and we will be dependent on what John can tell us. However this does not mean that we are satisfied with the resistance by FVC. Last Saturday, Jack LaPointe and I attended the site and asked if we could come in and take a look around. Later we were told by FVC lawyers, that we were accompanied by 4 warriors who were possibly Mohawk and that we demanded to be let in. The following is a report sent directly to the FVC Lawyers to clarify our intentions. “Chris Reid asked me yesterday (Wednesday) to respond to your request for clarification regarding my visit to Robertsville on Saturday. As I was teaching until 9:30pm I did not have a chance until now to do so. I see that some banter has been exchanged but let me take this opportunity to inform you of what actually took place before anyone commits to some unwarranted action. Jack Lapointe and I went to Robertsville at about 10:30 last Saturday. We had been informed on Thursday that fortifications had been made and we wanted to take a look. We were also curious about what un-intrusive develop might have taken place on behalf of your client. After having a tea with several women in the Trailer we approached the gate and asked a security guard if we could come in and look around and take some pictures of the fortifications. He said he would go get a key. About 45 minutes later The Aboriginal Relations Team arrived followed by uniformed OPP officers in a cruiser. When we explained to them that we were waiting for the guard to return with the key we all stood around and talked for a while. About 10 minutes later a representative of your client, Mr, Jamie Fairchild came along. He politely explained to us that we could not enter. We explained politely to him that our understanding was that Jack had been appointed as the AAFNA monitor as Art Cota, whose trapline is beyond the barrier and who had been named as our monitor, was having surgery on his ankles. Jamie said that to his knowledge only John Davis and John McCanse were approved monitors. We said that was not our understanding but we would ask John Davis to attend the site and do an inspection. I asked Jamie if either John McCanse or John Davis had monitored the site and he said, “no, no monitor has been on the site yet.” We then shook Jamie’s hand and left. It seems to me that conflict about monitors is rather foolish. All parties need to be assured that nothing untoward is taking place on the site. Art Cota knows that land more than anyone as he has trapped it for years and spends both winter and summer scouting and observing the environment to ensure a good harvest. He and John Davis are both experienced in the woods. They both could have been excellent guides for John McCanse. The fact that they would be entering through the gate would have given your client knowledge of their comings and goings. In fact, a lot of people know that land because it is our homeland. Mr. Beaver resigned because he felt that he was unfamiliar with that area and felt his observations would be too superficial. At this point we are left with a few options. I have asked that John Davis officially visit the site and make a monitor’s report to us and Shabot Obaadjiwan. We will also enter legally through the open road allowance and make observations. Of course, we will respect your client’s desire to disallow entry at the gate. Please be assured that our monitors will not interfere with your client’s activities, equipment or personnel and we will expect the same. It is not our intention to fetter your client’s agreed upon work for the duration of the present negotiation process. Let us keep the conflict to real issues and not escalate animosity through antagonistic discourse. I hope this explanation is helpful and I look forward to a resolution where your client is compensated in full for the errors, which the Provincial government has made.” I did forget to mention that my 5 year old son, River, climbed under the gate and I asked him to come back. I don’t think he presented much of a threat to the security guards inside. Time is getting short and we are doing our best to bring Ontario to some understanding of their legal obligations. We are trying to understand their interests and to convey to them the resolve of the whole community. As we enter this last phase I want to thank our community members, Shabot Obaadjiwan and our settler neighbours for your support, patience and trust for our efforts. Robert Lovelace Kwey Kwey Members of the Ardoch Algonquin First Nation I am writing to you because after 8 weeks of mediated negotiations with Ontario we have failed to reach an agreement to create a process for consultation and accommodation concerning the proposed Uranium exploration near Crotch Lake (Robertsville). It is now time to take direct action again to secure the area so that no further encroachment occurs on our ancestral homeland. Since early December, Jack LaPointe and I, with our Lawyer, Chris Ried, have met with the Shabot Obadjiwan negotiation team and Ontario negotiators. Frontenac Ventures did not attend the negotiation session although they had entered into the process as a recognised party. During the negotiations, members of our Family Heads Council have attended to observe the discussions. Ardoch took the position that the process of consultation should have begun before Ontario permitted any exploration activity in our homeland. There is clear direction from the Supreme Court of Canada that describes such a duty of provincial governments to consult and then accommodate Aboriginal interests when development is anticipated. We have argued that by permitting Frontenac Ventures to stake mining claims Ontario has failed in this duty to consult. We placed on the table two plans, which would allow Ontario to meet their obligations through jointly establishing a consultation process. Both of these plans were dismissed by Ontario without discussion. Ontario's negotiator and lawyers maintained that there was not a duty to consult or that if a duty to consult existed the present court actions brought by Frontenac Ventures minimised any obligation on the part of Ontario. After 7 weeks of negotiations, Ontario conceded that a consultation process must begin with the possibility that a wide range of possible outcomes, one of which might be that no further exploration, could take place. This meant that during the consultation process no drilling or intrusive work would be carried out. Both Ardoch and Shabot also conceded that after an extensive consultation which included research, information sharing and identification of community values that there might be the possibility of continued exploration including drilling. With this mutual understanding in place we began work in the 8th week on developing a joint framework for consultation. At this point the Mediator, Richard Moore, commented that this was the most productive work, which had been done during the negotiations. The failure of the negotiations came at the end of the second day of hammering out the beginnings of a framework for consultation. At the end of the session I asked Cam Clark, the Ontario negotiator, if we still had an understanding that there was a possibility after consultation that no drilling would take place. His answer was "No, some drilling will need to happen even during the consultation process". This tactic of "bait and switch" was the principle method that Mr. Clark had used from the start when advancing Ontario's position. Although it might be acceptable for selling used car sales, it is not acceptable at this level of negotiations. This tactic is simply bargaining in bad faith. Ontario expected that Ardoch and Shabot Obadjiwan would bow to its authority and not react to this deception. It didn't work that way. The following day (Wednesday) we emailed Mr. Clark and asked him to reaffirm in writing the original agreement and if he wouldn't then we would not attend further negotiation sessions. Mr. Clark made no reply. By Friday, Ontario contacted Shabot's Lawyer and proposed a telephone conference. Chief Davis joined the discussion. Apparently, Ontario offered to continue consultation with Shabot with the promise of some land withdrawal as long as drilling could take place. Chief Davis declined the offer in "no uncertain terms" and stated that her community would take action to block entry to the Robertsville site immediately. On Saturday, the two communities met and agreed to work together to re-secure the site. Our present strategy is to hold two observation posts on a 24/7 basis. We have trained intervention teams which will be alerted if drilling equipment is spotted. We are organising a roster of Ardoch members, which will be harmonised with lists from Shabot and the settler groups. We need help. We need committed people who can take 6 hours now and then out of their busy lives to help watch. This is a non-violent action and we do not expect people to put themselves in harms way. You will not be expected to trespass on private property, engage in confrontation or endanger yourself. However, it looks as though we are in this for a long haul and we need to rely on Ardoch Algonquins to take an active role. When you join us you will be on the front line of saving our homes, our homeland and the planet. It doesn't get much more up front and personal than this. Please volunteer to help. Please volunteer and become part of history. Contact me. Robert Lovelace
613-374-5598
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