Press Release March 19, 2008 Canada named in uranium lawsuit First Nation claims federal government ignored Constitution Sharbot Lake, Ontario: The Shabot Obaadjiwan of the Algonquin Nation is adding the Government of Canada and the Federal Minister of Indian and Northern Affairs to its lawsuit against the Government of Ontario regarding exploration for uranium on Algonquin lands. They also seek to add Minister Bryant, Ontario Minister for Aboriginal Affairs and Minister Gravelle, Ontario Minister for Northern Development and Mines. The lawsuit is based on the constitutional right of First Nations to be consulted before development takes place in their traditional territory. The suit alleges that neither Ontario, nor Canada has acted to protect the Constitutional rights of the Algonquin. As there is no treaty between the Algonquin and Canada with respect to these lands, Canadian law stipulates they cannot be developed without the consent of the Algonquin. Neither Canada nor Ontario have consulted with the Algonquin about uranium exploration, despite the fact that the staked land is part of a Comprehensive Land Claim that is under ongoing negotiation with Ontario and Canada. "The government accuses First Nations of breaking Canadian laws when they defend their lands, but Canada itself is selective about which of its own laws it will abide by," said Earl Badour, War Chief, Shabot Obaadjiwan First Nation. "If the law doesn't serve their purposes they conveniently ignore it." The Shabot Obaajiwan have been protesting the uranium development since June 2007. Their peaceful protest has led to contempt of court charges and the threat of severe penalties, with more trials pending. "We never wanted to pursue this in the Courts, we have always asked for consultation and negotiation. But neither Ontario nor the Federal Government has met their legal obligation to protect our Constitutional rights. They pretend that this is a dispute between First Nations and industry, when really it is the government that is at fault. We have tried to raise awareness through political action, but that only got us threatened with jail and heavy fines. We are left with no other choice but to pursue this politically with government leaders and through the Courts", said Chief Doreen Davis in announcing the news. The Shabot Obaajiwan's lawsuit comes in the wake of other important legal rulings for First Nations across Canada. The Ka'agee Tu First Nation of the North West Territories recently had their right to consultation and accommodation acknowledged in regard to the drilling of oil wells on their traditional hunting grounds by Paramount Resources. The Manitoba government suspended a drilling permit for Victory Nickel Inc. after admitting it had failed to notify or consult with the Norway House Cree Nation about the drilling permit. In November 2007, the Tsilhqot'in First Nation won recognition from the B.C. Court that until a treaty is concluded between them and government, resource extraction on their lands without their consent is illegal. "Our legal position is based on Section 35 of the Canadian constitution and Supreme Court of Canada rulings. Those rulings impose the 'duty to consult' on governments before they authorize actions that might infringe on Aboriginal constitutional rights," said Steve Reynolds, legal counsel for the Shabot Obaadjiwan. "We weren't consulted about this uranium proposal and we're still waiting," said Badour. For more information contact: Shabot
Obaadjiwan First Nation |
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