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JUNE 6th , 2008 |
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IN THIS ISSUE: 1) MESSAGE REGARDING INFORMATION FROM THE OPP 3)ARTICLE: ROBERTSVILLE PROTESTERS ALL FREE, BUT WHAT NEXT? 4)FUME PUBLIC INFORMATION MEETING 6)MAREN MOLTHAN'S URANIUM AND GRASS ROOTS BLOG 7)EDITORIAL: MORE THAN A NATIVE ISSUE 8)ARTICLE: MINING DISPUTE IN LIMBO 9)ARTICLE: TAKING SIDES IN LOVELACE CASE ISN'T EASY OR CLEAR-CUT 10)DONNA DILLMAN'S RESPONSES TO THE "TAKING SIDES" ARTICLE 11)ARTICLE: CORPORATE RIGHTS TRUMPS INDIGENOUS RIGHTS IN ONTARIO 12)BANCROFT ANNOUNCES FURTHER DRILLING RESULTS AT MONMOUTH URANIUM PROJECT
It is important to know that we are not immune to arrest, nor prosecution, simply because the charges against the Ardoch Algonquins and the 6 non-natives were dropped. During a discussion with the Major Events Liaison Team today, I asked for a statement from the OPP regarding any protest action that would take place at the gate of the original Robertsville protest site. Please be aware, "As per court and previously messaged, the injunction and John & Jane Doe warrants still stand. If you attend within 200 metres of the gate, you may be arrested or summonsed to civil court. We are obligated by the Police Services Act to enforce warrants and court orders. Frontenac Ventures is the prosecuting agency. -Insp. Salisbury" It would be advisable to seek legal council before commencing with any activity within 200 metres of the original Robertsville protest site. The owner of Frontenac Ventures, George White, was in this week's Frontenac News suggesting that FVC may launch its own appeal once the reasons for the Appeal Court's decision 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." I have included the Frontenac News article below. Lynn Daniluk Moral courage is a rarer commodity than bravery in battle or great intelligence. Yet it is the one essential, vital quality of those who seek to change a world which yields most painfully to change. - Robert F. Kennedy, in a speech in Capetown, South Africa, June 6, 1966. 3) ARTICLE: ROBERTSVILLE PROTESTERS ALL FREE, BUT WHAT NEXT? By Jeff
Green http://www.newsweb.ca/2008/08-22_jun_5/uranium_08-22.html 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 Algonquin 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. 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. 4) FUME PUBLIC INFORMATION MEETING FUME will be holding a public information meeting on Saturday, June 21st from 10:30 am to 12:30pm at the Glamorgan Community Centre in Gooderham. The event will feature a number of speakers on topics such as: * the Ontario
Mining Act FUME will
be continuing their letter writing campaign to the Province at this meeting.
For a donation of $5.00, you can sign a letter to the Province asking
for a moratorium on uranium mining and changes to the Mining Act. FUME
will send the letter to the Premier, the Minister Northern Development
and Mines, John Tory, Howard Hampton and the MPP in your home riding.
This strategy allows FUME to track all letters, as well as get to up to
35 MPPs involved and engaged in stopping this critical issue. Ontario Greens leader, Frank de Jong, comments on last week's Toronto Rally. First Nations challenge Ontario's neo-colonial mining act Ultimately, it took an Ontario Appeal Court judge to free Bob Lovelace and the other six First Nations people incarcerated by the McGuinty government for attempting to protect their ancestral land from mining. After nearly three months in prison, the seven men were unconditionally released to return home to continue their fight against Ontario's century-old mining act. These outdated laws allow any mining company to trespass on any land in the province in order to prospect, explore, drill test holes, and cut trees for up to 20 years without requesting permission or providing any compensation. Shame on Ontario Attorney General Chris Bentley for not commuting their excessively long sentences. Shame on Minister of Aboriginal Affairs Michael Bryant for saying and doing nothing to intervene. Shame on the Minister of Northern Development and Mines Michael Gravelle for his total silence and absence of compassion. Shame on Energy Minister Gerry Phillips for supporting uneconomic, dangerous, polluting nuclear power. And finally, shame on Frontenac Ventures and Platinex for hiding being provincial government skirts by proceeding to prospect and stake aboriginal land without permission. I slept in a tent on the front lawn of Queen's Park one night, joining more than 100 aboriginal people and supporters in an ongoing protest. Most were on their fourth night of the camp-out. Throughout the protest, there were workshops, fabulous aboriginal music, conversation and good will between First Nations and the other supporters. Many Green Party members dropped by to lend their support, money and encouragement to the protestors. Last Thursday at noon, the camp broke up and we all marched from Queen's Park to Lake Ontario for more speeches, music and food. There's no doubt the provincial Liberals heard loud and clear that the Ontario Mining Act must be changed to require negotiated compensation before any exploration occurs on private land. They were told unequivocally that uranium mining is not welcome in this province, that nuclear reactors should be phased out, and that no new ones should be built. And they were told the Ontario government that the First Nations traditions on par with the Ontario judicial system. Congratulations to all of Ontario's aboriginal people for their persistence and bravery. The Green Party supports you. Frank 6) MAREN MOLTHAN'S URANIUM AND GRASS ROOTS BLOG Check out
Maren's uranium and grass roots blog at Video feature
to check out: 7) EDITORIAL: MORE THAN A NATIVE ISSUE Kingston Whig-Standard: Our View June 4, 2008 "There is a general perception that the anti-uranium mine protests at Sharbot Lake are unique to native groups. That's probably because out of the 10 or so people charged with breaching a court injunction to keep away from the site, only native activist Bob Lovelace spent time in jail for his actions. The fact is, until Monday's court hearing in Kingston, six non-natives also had contempt charges hanging over their heads. Those charges, along with Lovelace's, were dismissed by Justice Douglas Cunningham in front of an overflow crowd of supporters." To read the rest of this editorial go to, http://www.thewhig.com/ArticleDisplay.aspx?e=1057341 8) ARTICLE: MINING DISPUTE IN LIMBO Natives'
lawyer points to Ontario as "enemy" June 4, 2008 "When Stephanie Lovelace heard the second round of contempt charges were being withdrawn against her husband, Bob, she was in disbelief. "I wasn't quite sure if I understood it clearly since it's been difficult to understand some of the stuff. I thought, 'Hey, they are just going to let the whole thing go?'" she said." To read the rest of this article go to, http://www.kingstonthisweek.com/ArticleDisplay.aspx?e=1056790&auth= 9) ARTICLE: TAKING SIDES IN LOVELACE CASE ISN'T EASY OR CLEAR-CUT By Erin Flegg June 4, 2008 "I'm having déjà vu. Remember in elementary school when the big kids tried to convince you it was cool to sneak into the locker room during recess and write such obscenities as "Jimmy is a butthole" on the walls in the dark before running back outside?" To read the rest of this article go to, http://www.thewhig.com/ArticleDisplay.aspx?e=1057327 10) DONNA DILLMAN'S RESPONSES TO THE "TAKING SIDES" ARTICLE What Erin misses in her quandry is that Bob Lovelace was not in prison over 'land claims' but rather to stop a uranium drill from releasing radon gas that will affect all of us. Because the government failed to consult, this was one avenue of protest. There have been dozens of others, including the resolutions that 18 affected municipalities have passed and that are being ignored and including my refusal to eat for 68 days). I applaud him and others for taking a stance, for knowing when to say 'enough.' That a total of nine non-natives (read 'white' people) have now had their charges dropped or withdrawn and that only natives were threatened with jail and heavy fines speaks to a deeper issue. The blood running through my veins may be white, but like the children who carried those signs in Napanee, I am old enough to understand that risking lives, no matter the culture, so that a few people can make money is not the world I want to live in. And if it is not, I must stand up, as Bob did, and as more must. Thinking about it, as Erin does in this article is a start. Donna Dillman 11) ARTICLE: CORPORATE RIGHTS TRUMPS INDIGENOUS RIGHTS IN ONTARIO By Kim Petersen June 5, 2008 "In attempts to skirt constitutionally required consultations with First Nations, mining corporations are seeking access to territory by dragging the process through the Ontario legal system long enough to bankrupt cash-strapped First Nations." To read the rest of this article go to, http://www.dominionpaper.ca/articles/1846 12) BANCROFT ANNOUNCES FURTHER DRILLING RESULTS AT MONMOUTH URANIUM PROJECT June 04, 2008 Bancroft Uranium Inc. (OTCBB: BCFT) ("Bancroft" or the "Company") is pleased to announce further drilling results from the Spring 2008 surface drill program conducted at the Monmouth Uranium Project, near Bancroft Ontario. The Company today is releasing assay results from drill holes 08-16 through 08-28 as outlined below. (Editor's note: For those who wish to see the rest of this announcement please email me and I will send it to you.-LD) 13) ARTICLE: ALGONQUINS AND SETTLERS ALLIES FIGHT ON AGAINST URANIUM: EASTERN ONTARIO STRUGGLE EXPOSES OUTRAGE, BUILDS SOLIDARITY Originally published in the April 2008 issue of the Canadian Centre for Policy Alternatives Monitor, www.policyalternatives.ca A mining exploration company's government-supported attempt to drill for uranium on First Nations land is finally beginning to create outrage far beyond the quiet corner of Eastern Ontario where it began over a year ago. On February 15th, a Kingston judge's draconian sentencing of Algonquin leader Robert Lovelace for contempt of court made headlines where long months of peaceful protest and hard-won negotiating had not. It took a six-month jail sentence plus huge fines to get the media to notice an ongoing story that has major implications for the environment, Aboriginal rights, and the public health of present and future generations. The story began in early 2007, when the Ardoch and Shabot Obaadjiwan Algonquin communities and other local residents found out that their land was threatened by a proposed uranium mine. The Ontario government had given a permit to Frontenac Ventures corporation to drill for uranium on a 30,000-acre tract of wilderness in northern Frontenac County, 100 kms upstream from Ottawa. Some of the area staked is private property, but most is unceded First Nations land, claimed as "Crown land" by the provincial government. This "Frontenac Tract" is part of the Ottawa River watershed - traditional Algonquin territory never sold or surrendered to the Crown, and the subject of Comprehensive Land Claim negotiations with Ontario and Canada since the early 1990s. By issuing exploration permits on this disputed land, the Ontario government made a mockery of its own negotiations and ignored Supreme Court rulings that require meaningful consultation with First Nations before allowing development in their territories. Frontenac Ventures seized their opportunity. In the spring of 2007, they leased a disused mine property at Robertsville, 90 kms north of Kingston, which has the only feasible road access for the Algonquin land they had staked. They set up an exploration camp and began clearing trails and preparing to drill for uranium. Uranium - and something else besides. Greedy stock market investors and like-minded governments offer such companies, if not something for nothing, then a lot for very little - millions in private venture capital, along with publicly-funded subsidies and tax breaks like the "Canadian Exploration Expenses" (CEE) incentive and flow-through share programs. These government handouts and listing on the TSX are bread and butter for junior exploration companies like Frontenac Ventures. As spring came last year to the area's forests and lakes, concern was building over the dangers uranium poses to human health and the environment. Meetings took place between Algonquins and their "settler" neighbours, research was done, letters written, questions raised. But even as more alarming facts emerged about the risks of drilling and mining uranium, it was clear that the company was going ahead regardless. At the end of June, in conjunction with the First Nations' National Day of Action, the non-status Algonquin communities of Ardoch and Shabot Obaadjiwan peacefully occupied the minesite at Robertsville. They had given advance notice, and the company had temporarily vacated the site, but as the occupation continued through the weekend and into the following weeks, it became evident that this was no token demonstration. The First Nations were there for the long haul. They were supported by hundreds of non-Algonquins from the local area and beyond. Proud to be known as "settlers", they brought food and supplies to the site, held rallies and meetings, raised money and awareness, and organized a communications network. The email newsletter "Uranium News", and the comprehensive website (www.ccamu.ca) are the work of the locally-based Community Coalition Against Mining Uranium (CCAMU). >From the start, the protest was determinedly non-violent. The gate was attended day and night by Algonquin peacekeepers under the direction of Earl Badour Sr. of Sharbot Lake, condoned War Chief of his community and a man deeply committed to peaceful means of defending Mother Earth. The Sacred Fire burned constantly, providing a spiritual focus based in age-old tradition and a place for reflection and healing amidst the tension. And tension wasn't lacking. Protesters' lives had been turned upside down, their families disrupted, employment abandoned or delayed. Some local people, notably businesses involved in the exploration work, resented the protest, and a few were even afraid. Inevitably, there was some posturing on both sides. Neighbourly relations were strained or broken, and no one could see how the whole thing might be resolved. Still, the protest site was a wonderful place to be. No one who was there will ever forget the mornings in the kitchen preparing breakfast for thirty people, the satisfaction of chopping wood or rigging up another tarpaulin, the laughter and the constant discussions. People who had never considered themselves "political" were learning more than they ever wanted to know about uranium, the mining industry, and the invisible forces linking corporations and government. Settlers who hadn't really known their Algonquin neighbours before got to hang out around the fire with leaders like Ardoch Elder Harold Perry and Co-Chief Paula Sherman and Shabot Chief Doreen Davis. Mindful of the lessons from Ipperwash, the Ontario Provincial Police helped to maintain communications and prevent crises, particularly through their "ART" and "MELT" liaison teams. The Algonquins, working from an office in a donated construction trailer inside the gate, continued to push the government for proper consultation. Frustrated, Frontenac Ventures launched a $77-million lawsuit against the protesters. By the end of August the company had what it wanted - an interim injunction ordering everyone away from the Site. But when the Sheriff arrived with the court order, he was welcomed by a crowd of some 150 people chanting and drumming to drown out the words he read. Alerted a couple of hours before, CCAMU had activated its rapid response network, and it had worked. Settler support mushroomed, and an entire tent village went up outside the gate. A Christian Peacemaker Teams delegation, led by former Iraq hostage Jim Loney, initiated an ongoing CPT presence at the site. Despite the injunction, the Algonquins remained steadfast, insisting they would only leave if the government began true consultations and guaranteed no drilling while talks went on. Apparently outraged by their stubborn determination, Judge Douglas Cunningham of the Ontario Superior Court issued a harsh follow-up injunction on September 27th, and charged the protesters with contempt of court for defying the earlier order. In the face of evidence implicating at least 50 people, both settlers and Algonquins, lawyers negotiated the number charged down to eight, among them five Ardoch and Shabot leaders who bravely volunteered to take the rap for everyone. The trial was set for November. Under growing pressure, the government now began to show signs of being willing to talk. While continuing the occupation, First Nations leaders engaged in weeks of intense discussions with provincial officials trying to agree on terms for mediation. In a gesture of good faith as they neared agreement in October, the Algonquins moved out from behind the gate, relocating the big construction trailer on the road allowance and building a small cabin nearby. A mediator was finally chosen, the contempt charges suspended, and in early December the talks began. But the protest itself didn't end. As the cold weather set in, settlers took on the task of maintaining a watchful round-the clock presence at the Site. Local grandmother Donna Dillman started her hunger strike there, adding strength to the growing demand for a uranium moratorium in Eastern Ontario. Frontenac Ventures and their security people came and went through the gate, doing the "non-intrusive" preparatory work agreed to under the terms of the mediation. It was a truce of sorts, and welcome. Soon after New Years, though, tensions began to mount again. The company beefed up its security and began digging trenches along the edge of the property. Reports from the mediation talks put everyone on an emotional roller-coaster ride, momentary optimism alternating with outrage and despair. That ride came to a crashing halt at the end of January. An innovative First Nations proposal for a consultation "pilot project" was being discussed when the Ontario government pulled the rug out from under it by insisting that drilling must go ahead. Bound by Algonquin Law to protect the land and water, the Ardoch and Shabot leaders said "No!" The talks were off, the blockade was on again - and so were the contempt trials. Now, with Robert Lovelace fined and in prison, other protest leaders facing further sentencing, and protesters totally barred from the site, let's look at what all this means. On the plus side, the mining industry and its investors and government allies have been kept at bay at Robertsville since last June by the stubborn nonviolent resistance of the Algonquins and their neighbours. That is no small accomplishment. The extreme nature of the court-imposed punishments and conditions is itself testimony to just how important it is, how much the forces of greed and exploitation have to lose in this struggle. But for the people involved, those punishments and restrictions are brutally real, and it's easy to feel defeated. What we're up against is huge - a monolithic web of corporate power, government collusion and individual greed that is willing to sacrifice the environment, abuse human rights and endanger public health for generations to come. It is almost unbearable to sit in that courtroom and listen to the lies, the manipulation, the gleeful twisting of already-flawed laws in the service of the exploiters. It is devastating to see the power they wield over our lives, our communities, our environment and our human future. And yet. How can you yield to despair when you've watched people quietly put their lives on hold to join the blockade, heard them turn major setbacks into something to laugh about, seen their calm courage on the witness stand? Some of us have had the honour over these past months of sitting around the fire with those people, swapping stories long into the night. We have learned much about their respect for other humans, the Earth and all of creation. We have experienced the gentle humour, the courage and caring at the core of Algonquin culture. And we know those values must once again come to stand at the core of our own. That's what is really at stake in this fight. Helen Forsey
is a writer and translator based in North Frontenac who has been involved
in the local anti-uranium protest from the start. She will provide an
update in a future issue of the |