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DECEMBER 6th , 2008 Editors note: People have been letting us know that they are missing the UNews and, in our effort to keep you up to date, we are committed to getting it out at least monthly and more frequently when there is breaking news. You may have heard that an accommodation has been reached between the Shabot Obaadjiwan First Nation, another Algonquin First Nation, the Province and the exploration company and that drilling will go ahead at Robertsville. Click on www.ccamu.ca for more detail. The Ardoch First Nation and CCAMU continue to be united in our efforts to protect the community and the environment and remain determined to stop the drill. Your support is welcome. For
information from the Ardoch First Nation, please see their press release,
printed in its entirely below, and bookmark their website at: http://www.aafna.ca/news.html |
| In
this issue, we begin with the good news and move on from there: 3)
ACCOMMODATION AGREEMENTS - Links 1) DECISION ON FRONTENAC VENTURES v. ALGONQUIN FIRST NATION ET AL. AND NATIVE WOMEN'S ASSOCIATION OF CANADA December
4, 2008: Frontenac Ventures Corporation v. Ardoch Algonquin First Nation
et al. - and - Native Women's Association of Canada (Ont.) (Civil) (By
Leave) (32764) The application for leave to appeal is dismissed with costs
to the respondents Ardoch Algonquin First Nation, Robert Lovelace and
Paula Sherman. 2)
HIGH COURT UPHOLDS LOVELACE DECISION The Supreme
Court Of Canada has upheld an earlier ruling that freed native leader
Bob Lovelace from jail. To read
the Agreements go to www.ccamu.ca and click on the links on the front
page: ACCOMMODATION AGREEMENT among FVC and the Shabot Obaadjiwan First Nation ("Shabot") and the Snimikobi (Ardoch) First Nation ("Snimikobi") 4) ARDOCH ALGONQUIN FIRST NATION (AAFNA) - Press Release Re: Uranium
exploration activities in Algonquin homeland Frontenac Ventures Corporation staked and registered mining claims in 2006-2007. Ontario failed to notify and consult with the affected First Nations. Ardoch Algonquin First Nation was advised of the staking by private land owners. Ardoch advised Ontario of its obligation to consult when development of this kind is anticipated. Ardoch, advised Shabot Obaadjiwan of the staking and Ontario's duty to consult. When Ontario refused to consult with Ardoch in good faith, Ardoch advised Frontenac Ventures to remove their personnel and equipment from the site and Ardoch and Shabot secured the entrance to the land. Ardoch repeatedly asked for fair consultations which followed Supreme Court decisions to take place between Algonquins and Ontario. Frontenac Ventures Corp then sued Ardoch and Shabot leadership for 77 million dollars and obtained court injunctions which demanded the removal of Algonquin security and permitted exploration activity to proceed. The judge who issued the injunction refused to recognise the Algonquin right to prior consultation and dismissed the Supreme Court rulings as obstructing Frontenac Ventures rights under the Ontario Mining Act. Robert Lovelace, an Ardoch spokesperson, was sentenced to six months in prison and fined $25,000 for continuing to demand fair consultations. At sentencing, Ontario's Lawyer called for "the harshest possible sentence" to send a clear message to other Aboriginal people who might choose to impede economic development in Ontario. Robert Lovelace was released from prison on May 28th by the Ontario Appellate Court after serving three and a half months in prison. The Ontario Appellate Court found that the injunction was ill advised, proper consultation had been denied and that Algonquin interests had been trampled on. When Shabot Obaadjiwan began to negotiate independently in June of 2008, Ontario demanded that they bow to the failed injunction which called for continued exploration and deep core drilling. 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 dollars against them. Ardoch refused to bend over. Ardoch's position has been and continues to be, as the Supreme Court has determined, that consultation must be fair and equitable; it must include relevant research and real concerns, and it must not be influenced by threats, coercion or inducements to individuals. Ardoch has consistently made this point to Ontario, "While our research leads us to believe that exploration for uranium is potentially hazardous and may lead to open pit mining which would devastate important ecosystems, disrupt cultural uses and undermine the existing economy our starting point has always been to hold Ontario and Canada to their legal responsibility to consult and accommodate. Even though we are of the opinion that exploration and mining for uranium are not desirable we have asked for discussions that begin with the understanding that a wide variety of possible outcomes should be considered, including a resumption or abandonment of further exploration activity." Ontario has continued to demand that the failed injunction permitting drilling is the guiding principle of consultations and that no other outcome can be considered. Ontario's alternative would be for Ardoch to get out of the way or go back to the barricades. Ardoch has chosen to invite Ontario to continue negotiations despite this impasse but has met with continued silence until receiving a half-hearted response a week before the notification of a "deal" with Shabot. Uranium exploration in the Algonquin homeland near Ardoch, north of Shabot Lake has already had adverse impacts. Fragile ecosystems have now been damaged. Property values in the area have collapsed and the local tourist industry is beginning to suffer. The local community is distraught and angry that government has not listened to them or valued their interests. Although Algonquin and non-Algonquin neighbours have found common ground in protecting the land, this latest attempt at divide and conquer will result in years of distrust and enmity. The Ardoch Algonquin First Nation will continue to oppose exploration for uranium and hold Ontario to their legal responsibility to consult and accommodate in an honest and equitable way. Mìgwetch, 5)
SHABOT OBAADJIWAN COMES TO ACCOMMODATION AGREEMENT WITH FRONTENAC VENTURES
December
4, 2008: It 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. Forwarded to several local newspapers: The so-called victory, in the form of an agreement between one First Nation group, formerly involved in the struggle; a second, that was not; 'industry' (specifically, a small private company) and the Provincial Government is, purely and simply, a scam. Michael Gravelle, Minister of Northern Development and Mines, had this to say, "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." Where is it written that health and the environment have been protected? It's not written because it is not happening and cannot happen. There has never been a safe uranium mine. The technology simply does not exist. And why deep drill, if not to mine? Twenty-three eastern Ontario municipalities from Ottawa to Lindsay, representing over two million people, will not accept this as a victory; I didn't spend 68 days without food and Bob Lovelace did not spend over 100 days behind bars in a maximum security penitentiary to acquiesce to drilling at this stage. The community, including the Ardoch First Nation, the other First Nation involved since the beginning, will continue to say 'no' when our health, and the health of those not yet born, is endangered for short term financial gain. While the
economy might be top of mind, most people realize that without clean air,
water and soil, we are doomed on a finite planet. Info on how you can
help can be found at www.ccamu.ca Forwarded to the Kingston Whig, 2,000,000
UNDERMINED - It's a shabby
deal, the result of a flawed process, arrived at behind closed doors,
benefiting only a small speculative exploration company and a few lawyers.
Ignored and undermined is the environment of the Mississippi River watershed
and the public who depend on it. Minister Gravelle needs to recognize
that giant open pit uranium mines in pristine Frontenc county cottage
country undermines tourism, undermines landowner rights, and undermines
public health. 7) MINING DEAL REACHED: Native leader criticizes pact as a 'sellout' Posted By
Jennifer Pritchett, Whig-Standard Environmental Reporter 8)
URANIUM DEAL 9)
CANADIAN MINING PERSPECTIVES: Deal or no deal? 10)
COMMENTS ON THE MINING ACT MODERNIZATION INITIATIVE will
be accepted until January 15, 2009. Please email comments to miningact@ontario.ca
Written submissions may be mailed to: 11) BALANCING NEEDS MINIMIZING CONFLICTS - A Proposal for a Mining Modernization Act (Oct 2008) This report,
authored by CIELAP and EcoJustice, is a response to Ontario's move to
reform the Ontario Mining Act. It proposes eight groups of legislative
amendments that should be included in a Mining Modernization Act. These
amendments relate to three imperatives: (1) Requiring consent of land
owners and Aboriginal peoples before any prospecting, exploration or mining
activities can occur on their lands; (2) Implementing regional land-use
planning prior to allowing exploration or mining operations to proceed;
and (3) Ensuring all exploration and mining projects face the scrutiny
of environmental assessment. Download the report at: http://www.cielap.org/pub/pub_miningactreform.php |