Regarding the front page article in Saturday's Expositor inferring that those bad ol' Indians are standing in the way of a much-needed medical centre, I'd like to interject a few points. This work stoppage has nothing to do with depriving Brantford of a medical centre. All, including the people of Six Nations, agree it is a needed service. The problem is the same one that pops up whether it's a medical centre or a dog house. There has been no consultation or accommodation with Six Nations, at any point in the planning, as the Supreme Court of Canada has ruled since 2002. Several large land claims in B. C. and elsewhere have come down in favour of First Nations since then, yet here in Ontario -- and in Brantford and Caledonia especially -- some people are quick to pull out the phrase "rule of law" to prevent Six Nations' right to protect the very land that is under land claim. Yet what they forget is that same rule of law also includes these Supreme Court rulings, as well as the Canadian Constitution that actually forms the rule of law which states: " The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed." No. This is not about a medical centre. I don't remember much fanfare and city hall outcry about the closure of two neighbourhood medical centres over the past year. Now, to go to a medical centre, a sick person is expected to take public transit to the very outskirts of the city. Why? Because it's more convenient for the doctors who would commute here from out of town, and will generate higher tax revenues for the city than they would get by putting it in one of dozens of empty buildings within the greater city itself. Once again, this is all about money, not about anybody's health care. It's also about product placement. Mark my words. This medical centre is the least of the plans for the Johnson Settlement lands. There will be a hotel, gas bar and restaurant in there before the pavement in the parking lot dries. City hall has already rezoned the area in anticipation of three more huge sub-developments they are planning for the Johnson Tract. It's just another a thinly veiled theft of more Six Nations land. The Johnson Settlement is 7,000 acres of land specifically protected by Six Nations for more than 150 years. It was never to be sold, only leased, with the proceeds to go to the perpetual care and maintenance of the Six Nations economy. Will Six Nations get any of the lease money from that medical centre? Yeah, right. Jim Windle Brantford http://www.brantfordexpositor.ca/ArticleDisplay.aspx?e=1301071

Canada: Aboriginal and Treaty Rights

Canada’s economy is totally dependant on stealing our assets – the resources that we hold in trust for our coming generations. That has to be the main reason why the “white” settler states have refused to sign the United Nations Declaration on the Rights of Indigenous Peoples. This ploy does not get them off the hook. They’ve signed all sorts of treaties and accords agreeing that humans are equal. They have to start doing this in practice.

BRITISH COLUMBIA HAS TO RESPECT TRADITIONAL GITANYOW GOVERNMENT - How Wii’litswx put “ the Crown” in its place! JUDGE TEKASTIAKS SAYS, “RIGHT ON!” MNN. Aug. 31, 2008. Canada is a colonial state and Canadian law is topsy turkey! The Indigenous hurricanes are coming. The Canadian levee has been breached. One of the last judgments of Madam Justice Neilson at the Supreme Court of British Columbia admits that the traditional Gitanyow government and social order has to be respected. Judge Neilson has just been promoted to the British Columbia Court of Appeal. There’s no doubt now. Her reasoning should stand unless Canada torpedoes it with another fit of the D.T.s [delirium tremens]. Why did this happen? The colonizers rely on the same earthly elements as we Onkwehonwe. The environment’s in a shambles. The air is polluted. So is most of the soil. We’re living on the last 10% of the fish in the oceans. We’re using up oil, gas and lumber like there’s no tomorrow. Everyone’s scared. Some members of colonial society are starting to wake up. If their destructive mania does not stop soon, we’re all doomed. Let’s take a look at Judge Nielson’s reasoning in Wii’litswx v. British Columbia (Minister of Forests) [2008 BCSC 1139].(You can find the full text by Googling “Canlii”). What did she do when the B.C. Ministry of Forests gave out timber licences on Gitanyow land without Gitanyow consent? Our nationhood has been violated by illegal timber licences ever since 1888 when Britain’s Privy Council decided St. Catherine’s Milling and Lumber Company v. The Queen. The colonizers didn’t consult the Saulteaux before deciding that the right to timber licences on Saulteaux national territory belonged to Ontario’s provincial government, not Canada’s federal government. As if! Neither colonial government had a right!! Britain’s Privy Council specifically said that it was not determining “the precise quality of the Indian right”. The colonizers relied on a legal delusion. They pretended that “Indians” had only a “personal and usufructuary right dependent upon the goodwill of the Crown”. What? We never heard of the Crown before contact. Our rights don’t depend on the Crown that came to town! St. Catherine’s Milling implicitly gave Ontario permission to manage Saulteaux resources. This was illegal. There was no explanation as to how the British Crown got jurisdiction in the first place. But the colonizers went crazy and their scramble for Indigenous resources escalated. The colonial pillage has continued for over a century. A few Canadian judges are beginning to come to their senses. They have finally recognized that we were here first. Wow!!! They finally found their glasses!!! The Supreme Court of Canada decisions in Haida Nation v. British Columbia [2004 SCC 73 (CanLii)] and Taku River Tlingit First Nation v. British Columbia [2004 SCC 74 (CanLii)] are still trespassing wholesale, but they have finally recognized that there is a “duty to consult” us before they take our stuff. (We’ve been saying this all along). Canada’s economy is totally dependant on stealing our assets – the resources that we hold in trust for our coming generations. That has to be the main reason why the “white” settler states have refused to sign the United Nations Declaration on the Rights of Indigenous Peoples. This ploy does not get them off the hook. They’ve signed all sorts of treaties and accords agreeing that humans are equal. They have to start doing this in practice. Wii’litswx gets down to the nitty-gritty. It forces them to take a first step. The text on Canlii is long and tedious. “Chief Justice Lamer described the import of s.35(1)…blah, blah,blah”; “The difference between the TSA and the TFLA is…blah, blah, blah”, “Sections 16.3 and 16.4 acknowledge that…blah, blah blah”. It’s got lots of quotes about Whereas, LUP, MoF, GFA, SRMP. 45 pages of dense bureaucratese!! You have to wonder. How did the Gitanyow manage the forest and turn it into an internationally coveted resource without using a single sheet of paper? Judge Nielson pointed out that there was “a long and troubled history of over-logging and unfulfilled silviculture obligations on Gitanyow traditional territory”. The Crown agreed that it had “a duty to meaningfully consult with the Gitanyow in good faith and to reasonably accommodate its concerns and interests”. It ignored them. As the judge said, “Meaningful consultation and accommodation” is more than just “thorough discussion”. She found that the Ministry of Forests should have come up with a plan “endorsed by the Gitanyow”. We can’t agree with her here. It is Gitanyow territory. It’s their right to decide whether foreign corporations can cut their trees. Judge Neilson recognized that the Gitanyow thought that ratification by their “Heredetary Chiefs” was essential. She said the Ministry of Forests could not issue the forestry licences without their opinions. This is confusing. British Columbia can’t prove its jurisdiction. It’s Ministry of Forests doesn’t have authority to issue any licences at all. Wii’litswx did not discuss why the government of British Columbia was giving licences to lumber companies that extract rare resources for private benefit. It disregarded the needs of the people who actually live in British Columbia. However, Judge Neilson did discuss the stumpage fees that are paid to the provincial government by the corporations for the trees cut. The evidence showed that the Gitanyow claimed 50% of these fees. The Ministry of Forests’ tried to get away with paying a few hundred thousand dollars, using their own per capita formula. Judge Neilson did not accept their idea that this was “economic accommodation”. She’s was right on here! From a Haudenosaunee perspective, Wii’litswx has a few good points. It is also disappointing. Why should the Gitanyow have to negotiate with a bunch of in-migrating colonists for “the right to harvest wood for domestic purposes”? It is their land and their wood!! Judge Neilson did recognize that the Gitanyow’s clan-based Wilp system and boundaries are “an integral and defining feature” of their society. She supported the Gitanyow’s right to decide for themselves how to structure their laws and institutions. This is a departure from the Supreme Court of Canada’s practice of setting out good principles at the beginning and violating them in its final decision. Like when it says ambiguities should be determined in favour of “the Indians” and then decides that these same “Indians” don’t know how to interpret their own culture. It’s time for the colonial junkies to kick their thieving habits. “Most are so stoned they’ve hit rock bottom and don’t even know it!” [A quote from Judge Tekastiaks “She-calls-it-like-it-is”]. Judge Neilson pointed out that recognition of Indigenous economic rights would have “wide-ranging repercussions for all citizens of British Columbia”. The joint planning process required is “evolutionary and long-term”. But if they don’t respect our rights, they are going to kill themselves. She did not quash the illegal licences. The Gitanyow had already agreed to let the licensees continue to operate. [Band council sell outs again!] Judge Neilson invited further submissions on what to do. The traditional people can file a written objection to the Court. In effect, the judge has already invited them. Back here on Kanienkehaka territory, we are in another world with rotten and out-dated judicial reasoning. Wii’litswx relied on Mitchell v. Minister of National Revenue [2001, SCC 33 (CanLii)] for the false idea that the Canadian Constitution aims to reconcile prior Indigenous occupation with “the Crown’s assertion of sovereignty”. This can’t be reconciled. There is no proof that the Crown’s sovereignty is legitimate anywhere. Mitchell was decided before Haida and Taku. It said nothing about how we were not consulted on the invention of Canada or the phony border that divides Akwesasne. It concludes that even though the people of Akwesasne were living on islands in the river long before the invasion by colonists, they never crossed to the north shore to trade for anything!! This is ridiculous! The Supreme Court of Canada seems to think that if you live on the part of Akwesasne claimed by the United States and you want to give your old washing machine to your sister who lives on the side claimed by Canada, you have to pay duty to Canada. This makes no sense! The imposed boundary that runs through the middle of Akwesasne makes normal life impossible. Canadian officials use this as an excuse for abuse. Sadistic Canadian Border Service Agency guards are constantly stopping, harassing and assaulting our people. [Judge Tekastiaks suggests, “The white people should have a “white lane” like we do except with Indian border guards”.] The “meaningful and reasonable process of consultation” relied upon by Judge Neilson in Wii’litswx is no where to be found in Canadian relations with the Kanienkehaka. Canadians have to start being lawful people. Every square inch of Turtle Island belongs to the Onkwehonwe. Canada and the United States have to sit down and talk with us if they want to survive the greedy and destructive habits they brought here. Ieri’wa:onni, Judge Tekastiaks and MNN Staff See www.mohawknationnews.com, click on "News" and go to "Canada" category. PLEASE NOTE: As can be seen, it’s becoming critical for legal actions to be taken to protect our rights. We have no funds. Canada is hiring costly law firms to suppress our rights. If you can donate anything to our cause, it will be greatly appreciated. Donate to: PayPal, www.mohawknationnews.com, or “MNN Mohawk Nation News”, Box 991, Kahnawake [Quebec, Canada] J0L 1B0. Nia:wen/Thank you very much. New MNN Books Available Now! The books below, email us: Mohawk Warriors Three - The Trial of Lasagna, Noriega, 20/20 $20.00 usd The On-Going Confusion between The Great Law and The Handsome Lake Code $20.00 usd The Agonizing Death of "Colonialism" and "Federal Indian Law" in Kaianere'ko:wa/Great Law Territory $20.00 usd Who's Sorry Now? The good, the bad and the unapologetic Mohawks of Kanehsatake $20.00 usd Rebuilding the Iroquois Confederacy Karoniaktajeh $10 usd Warriors Hand Book Karoniaktajeh $10 usd Mail checks and money orders to... MNN P.O. Box 991 Kahnawake, QC J0L 1B0 Purchase t-shirts, mugs and more at our CafePress Store http://www.cafepress.com/mohawknews Subscribe to MNN for breaking news updates http://www.mohawknationnews.com/news/subscription.php Sign Women Title Holders petition! http://www.ipetitions.com/petition/Iroquois Link to MNN Get the code and banners to link to Mohawk Nation News. http://www.mohawknationnews.com/pg.php?page=promote.html Your Support Make a contribution to our newsgroup. Secure your online transaction with PayPal®. www.mohawknationnews.com Click on DONATE button. Nia:wen, Kahentinetha kahentinetha2@yahoo.com Speaking & Contemporary Native Issues Workshops Katenies katenies20@yahoo.com Manager

Canada: Aboriginal and Treaty Rights

Since the early 1990s, the Gitanyow had watched five companies obtain forest licences, make solemn promises to replant the trees, hack down the timber – and then go broke, doing little or nothing to replant. ...

The Gitanyow, as with most native bands in B.C., have been negotiating for years, beginning talks with the federal government in 1980 and the province in 1994. In the meantime, they and other bands are claiming jurisdiction over huge chunks of B.C., virtually the entire province, sparking legal proceedings in which courts have consistently ruled in their favour. ...

For the moment, all that's at stake is the small matter of the Crown's control of the forestry industry. But the executives of any company looking to build a mine, resort, power project or road should feel a chill from this line in the judgment: “The goal of reconciliation necessarily imports recognition of aboriginal rights to limited resources on claimed territory, and the importance of sustaining those resources while claims are pending. If they are destroyed, there is nothing left to reconcile.”

***

Court sends a chill through the woods

PATRICK BRETHOUR

Globe and Mail Update

August 28, 2008 at 6:00 AM EDT

British Columbia's forestry industry is about to find out who is really in charge of deciding what trees can be cut, and where. Hint: It isn't the Ministry of Forests.

The Gitanyow First Nation has won a big legal victory in its six-year quest to exert control over forest licences being granted in what it sees as its territory – 1.7 million hectares in the province's northwest. The decision from the B.C. Supreme Court is very clear that the Gitanyow don't have a veto on forestry on those lands. Yup, no veto, none at all – just the ability to scupper the decisions of the Forestry Ministry if they clash with the positions of the band.

The Gitanyow decision is the latest in a string of legal victories for aboriginal bands seeking to assert their authority over “traditional territory” – generally speaking, a big swath of land only part of which would ever be formally handed over in a treaty negotiation. That day is unlikely to come any time soon: The Gitanyow, as with most native bands in B.C., have been negotiating for years, beginning talks with the federal government in 1980 and the province in 1994. In the meantime, they and other bands are claiming jurisdiction over huge chunks of B.C., virtually the entire province, sparking legal proceedings in which courts have consistently ruled in their favour.

Such is the case with the Gitanyow, who watched with growing frustration over decades as forestry firms clear-cut timber on the bands' traditional territory. Since the early 1990s, the Gitanyow had watched five companies obtain forest licences, make solemn promises to replant the trees, hack down the timber – and then go broke, doing little or nothing to replant. Frustration turned to a lawsuit in 2002, culminating in a new case last year, after a regional director for the Forestry Ministry issued a batch of new licences, despite the Gitanyow's objections.

There had been extensive talks, good-faith negotiations, and even a signed agreement that defined how the province and Gitanyow would work together on forestry issues until such time that a treaty could be negotiated. The court nevertheless ruled that the province fell short in its duty to meaningfully consult the Gitanyow and reasonably accommodate their concerns. Translation: It's not enough to listen to aboriginal objections; they must be acted on.

It's hard to see how the ministry's regional director could have acted otherwise, considering what the Gitanyow were demanding. The band wanted recognition of its title, half of the stumpage fees and other forestry revenue from the area, subordination of the tree-licence process to the forestry management agreement and a requirement that forestry companies pay hefty deposits to pay for replanting. Those are the kinds of demands at the heart of treaty negotiations, and some would require a wholesale rewriting of forestry legislation. All are well beyond the pay grade of a regional director. Addressing those concerns means, in essence, reaching a treaty settlement with the Gitanyow, something the province has tried and failed to do since 1994.

Yet, the court judgment doesn't address this political reality. Instead, the judge seems to say that in the face of a strong claim to aboriginal rights and title, the Crown must make reasonable concessions. No such obligation to make reasonable concessions is placed on aboriginals. No points for guessing how talks will go if one side knows all it has to do is stick to its guns and it will eventually get what it wants in court.

The forestry businesses are mere bystanders, even though the Gitanyow had argued their new licences should be cancelled outright. The court turned down that request, at least for now, and both parties will have to make submissions on what can be done. Perhaps that will mean revenue sharing. Perhaps the court will merely shred tree licences negotiated in good faith.

For the moment, all that's at stake is the small matter of the Crown's control of the forestry industry. But the executives of any company looking to build a mine, resort, power project or road should feel a chill from this line in the judgment: “The goal of reconciliation necessarily imports recognition of aboriginal rights to limited resources on claimed territory, and the importance of sustaining those resources while claims are pending. If they are destroyed, there is nothing left to reconcile.”

Six Nations, Brantford Updates

Protesters shut down King and Benton site

Hampton Inn project put on notice

Posted By JOHN PAUL ZRONIK, EXPOSITOR STAFF

Posted 5 hours ago

More than 30 Six Nations protesters shut down work on a $500-million industrial and commercial development on Oak Park Road Tuesday morning, saying environmental concerns must be addressed.

Protesters visited the King and Benton development site -- formerly a gravel pit near the city's northwest business park -- at about 7 a. m., asking that work stop. They told company president Steve Charest they are concerned that PCBs and other contaminants on the site are being released into the environment because of the movement of soil, potentially contaminating a nearby aquifer that drains into the Grand River. Protesters also said the land was under claim by Six Nations.

"(Charest) said there would be no development on the site until an agreement is reached," said protest spokesman Oron:ia Otsihstohkwa. "The Haudenosaunee will see he keeps his word."

After attending the King and Benton site, protesters visited a nearby Hampton Inn hotel development on Fen Ridge Court, warning that the property owner has two days to talk with Six Nations or work will be shut down. Construction was taking place at the hotel site Tuesday.

No workers were on another nearby site, where Kingspan Insulation is constructing a new office and warehouse, that has been the subject of Six Nations protests.

The Hampton Inn and Kingspan are among a handful of sites subject to a temporary injunction won by the city in June that

prevents protesters from interfering with construction. The King and Benton project is not part of the injunction.

More than 50 people working on the King and Benton site Tuesday morning were sent home for the day.

Charest said workers won't return to the site until Six Nations concerns are addressed. All will receive pay until that happens, he said.

The developer said he's confident that environmental concerns will be dealt with.

"We welcome the opportunity to address those concerns," Charest said. "We're confident that through dialogue we can do that."

Charest recently spearheaded the creation of a group called the Haldimand Tract Good Neighbours

Coalition, which has put forward a proposal that would see the city pay Six Nations a percentage of municipal taxes on development taking place on land under claim by the native community.

In return, Six Nations would agree to stop protests on development sites, as well as reimburse Brantford when it receives federal or provincial money

to settle land claims. At least seven local development companies have joined the coalition, which has also attracted the interest of some in the Six Nations community.

Charest said current Six Nations protests in the city -- including at his company's work site -- should be looked upon as an opportunity to address the native community's historic land claims grievances, as well enter into a public debate.

- - -

"We welcome the opportunity to address those

concerns. We're

confident that through dialogue we can do that."

STEVE CHAREST,

PRESIDENT OF

KING AND BENTON

Article ID# 1144173

NOTE: Since Ontario (McGuinty) told developers NOT to consult with Six Nations Confederacy, no Brantford developers have. However, it appears that Steve Charest is going to ignore McGuinty and consult after all. Since the July 7 2008 Ontario Court of Appeal decision on AAFN and KI, the legal landscape has changed. The Court said injunctions are not appropriate strategy until the Crown has fully discharged its Duty to Consult. It also said the province, the company and the Indigenous community must consult. This puts the onus on the company as well. Kudos to Steve Charest for agreeing to consult (though not for the questionable environmental practices at the site).

more... People must think for themselves Brantford Expositor, Canada - 36 minutes ago I know this sounds as if I am repeating myself, but perhaps people in Brantford are finally beginning to see what we of Six Nations have been going through ...

Hampton Inn project put on notice Brantford Expositor, Canada - 36 minutes ago More than 30 Six Nations protesters shut down work on a $500-million industrial and commercial development on Oak Park Road Tuesday morning, ...

Posted 4 hours ago Brantford Expositor, Canada - 36 minutes ago The Six Nations Rebels junior B lacrosse team has announced a tentative schedule for its Ontario Lacrosse Association best-of-five championship series ...

Don't give in to extortion Brantford Expositor, Canada - 37 minutes ago Ron Doering, chief federal negotiator in the land claims talks with Six Nations summed it up very well at Friday's Rotary Club meeting. ...

Posted 4 hours ago Brantford Expositor, Canada - 39 minutes ago As spokesman for the Haldimand Tract Good Neighbours Coalition, Charest has advocated for more co-operation and sharing between Brantford and Six Nations. ...

Development: Work stops at King and Benton site Brantford Expositor, Canada - 7 hours ago Work stopped today at the King and Benson site in northwest Brantford following a visit by natives from Six Nations. The group has environmental concerns, ...

Charest agreed to negotiate through the HDI, I believe. I guess he read the Ontario Court of Appeal decision (AAFN July 7 2008): the province, the company and the Indigenous Council must negotiate a resolution. And at the Hampton? site on the other side of the 403 where active construction was in progress. That's where I joined them today. The Brantford police took their message into the site, and the response was "two days". mhm Negotiations: Posted 1 hour ago Brantford Expositor, Canada - 14 hours ago Well, that's not really a concern for Brantford residents or Ontarians for that matter because only 12 per cent of land in Ontario is privately owned and 87 ...

'We don't have a solution to your problem,' says land claims ... Brantford Expositor, Canada - 2 Aug 2008 ... all it can to resolve Six Nations land claims, said Ron Doering, chief federal negotiator, during a speech to the Rotary Club of Brantford on Friday. ...

Ron Doering offers his Top 10 reasons Brantford Expositor, Canada - 2 Aug 2008 Ron Doering, chief federal negotiator in the land claims talks with Six Nations representatives, said on Friday that talks are complicated by a multitude of ...

July in Review The Dominion, Canada - 1 Aug 2008 A native protester was arrested in Brantford, Ontario, after over 150 Six Nations people and supporters blocked a Kingspan Insulation truck. ...

Six Nations, Brantford - "legal landscape has changed" Provincial Court plays politics? "Injunction hearing set for December" What is this? The Ontario Superior Court in Brantford previously adjourned a motion for a permanent interlocutory injunction against Six Nations to prevent them from interfering with development in Brantford, saying ...

I am mindful that this is an adjournment for what should be a relatively short period of time to allow the parties to compile a complete record to be placed before the judge hearing the motion for the interlocutory injunction.

In adjourning the proceedings, the judge set 'terms' saying ...

[7] In my view, whether the defendants or other aboriginal persons have an interest in the lands described in Schedule A is a triable issue. Further, in my view, irreparable harm will be suffered by the City of Brantford if it is not permitted to control development of, and construction on, lands within its jurisdiction. Thirdly, the balance of convenience favors the plaintiff.

In my view, the judge failed to consider Six Nations Constitutional right to be consulted about all development on their traditional lands, regardless of "triable" 'land claims'. He also failed to consider the 'inconvenience' to Six Nations if land on which they have rights or title is being paved and developed without their consent. Since the Adjournment, an Ontario Court of Appeal decision came down in the case of Ardoch Algonquins v Frontenac Ventures which has significant implications for Brantford. In it, the Appeal Court set aside sentences for 'contempt' for AAFN people violating an injunction. The court further reinforced the fact that the Crown, the company and the First Nation all had a duty to negotiate a resolution of the issue of development on traditional Algonquin land. It is clear that the Brantford judge erred on the side of Brantford in setting terms for adjounment of an injunction that amounted to an injunction anyway. It is also clear that the permanent motion decision must take into account this decision of the Court of Appeal. How best to maintain Brantford's development plans? Hmm ... I know! Let's not 'hear' the case until the construction season is over! YA!! So that is what exactly what Brantford's court has done. As in Haldimand County court, when 'Ontario Superior Courts' act only in defense of the economic development of that community, to the detriment of the Constitutional rights of Indigenous Peoples and their own economic development, one has to ask why the rights of one group are placed above the other's. One might also wonder about the independence of the court. http://www.brantfordexpositor.ca/ArticleDisplay.aspx?e=1141026 Injunction hearing set for December Lawyers representing the Haudenosaunee Development Institute want a judge to hear the city's application for a permanent injunction. On Friday morning, lawyers filed a motion to set a court date for a hearing on the city's application for a permanent injunction against native protesters. Lou Strezos, one of the lawyers representing HDI, said the first available dates were Dec. 22 and 23. They're hoping to work with the city to find an earlier date to hear the injunction. "We're going to do everything we can to get an earlier date," Strezos said. The city filed for a permanent injunction in May. The injunction would restrain Six Nations protesters from interfering with development sites and grant the city $110 million in damages. That request was turned down, but Justice G. E. Taylor granted a temporary injunction against native protests at a number of contested development sites. The temporary injunction lasts until the parties return to court for a hearing into the permanent injunction. FRONTENAC COUNTY Strezos said they filed the motion in light of a decision in favour of native protesters in Frontenac County. They believe the judge's ruling in that case will mean the city's application for an injunction will be overturned. ... "It's our view that the legal landscape has changed since Justice Taylor issued his decision," Strezos said. However, he stressed that the issue is one for the court to decide. Copyright © 2008 Brantford Expositor

Duty to Consult: Metis Nation

MNO Releases Final Report from Community Consultations on Crown's Duty to Consult and Accommodate Métis Rights

    OTTAWA, July 29 /CNW Telbec/ - Today, the Métis Nation of Ontario (MNO)
released the final report from its community consultations on developing an
Ontario Métis Consultation Framework. A copy of the report is available at the
MNO's website at www.metisnation.org.

    In January 2008, the MNO announced province-wide community consultations,
jointly supported by the Ontario Government and the Government of Canada, on
developing an Ontario Métis Consultation Framework. The proposed Consultation
Framework will increase Métis engagement, input and participation in planning
and development related to Ontario's natural resources, consistent with the
Crown's constitutional duty to consult rights-bearing Métis communities on
activities that have the potential to impact Métis rights, interests and way
of life. The final report is based on over 17 community consultation meetings
held throughout southern, central and northern Ontario, along with input
received from Métis citizens via the MNO's website dedicated to the
consultations at www.metisnation.org/consultations.

    MNO President Gary Lipinski said, "These consultations provided an
important initial opportunity for our people to discuss how governments and
industry should be working with Métis communities. Based on the impressive
turnout for these consultations, the message was clear: Métis communities want
to be involved and have a say in natural resources development in this
province that has the potential to affect Métis rights and our traditional
territories."

    The final report includes over 60 recommendations on a wide array of
topics, including, principles for an Ontario Métis Consultation Framework;
education, training and communication initiatives on the duty to consult;
Métis representation issues; capacity and funding issues; Métis research,
mapping and data collection; and, creating partnerships with industry in the
forestry, energy and mining sectors.

    The report will be used to inform ongoing bilateral and trilateral
discussions with the Ontario Government and the Government of Canada on
developing an Ontario Métis Consultation Framework as well as the MNO's
collaborative work with the Ontario Government on its recent announcements
relating to the protection of the Boreal region, revenue resource sharing with
First Nation and Métis communities, reforming and modernizing Ontario's Mining
Act and the development and implementation of the New Relationship Fund based
on the recommendation in the Ipperwash Inquiry Report.

    "This report provides an important foundation upon which the Métis Nation
can build, but it is clear that Métis citizens and communities want to
continue to be actively engaged as we move forward on this important
rights-based initiative. The MNO is optimistic that this report will represent
a starting point for a collaborative journey, with both levels of government,
in order ensure to Métis rights, interests and way of life in this province
are respected and protected for generations to come," added Lipinski.

    The Métis are a distinct Aboriginal people with a unique culture,
language and heritage, with an ancestral Homeland that centres around Ontario,
Manitoba, Saskatchewan, Alberta, British Columbia and extends into the
Northwest Territories and the northwestern United States. The Métis played an
instrumental role in the shaping of Canada, and work tirelessly to share their
culture, traditions and knowledge of the environment with their fellow
Canadians. Today, the Métis live, work, raise their families and pay taxes in
communities all across Canada.

    A backgrounder on Métis rights in Ontario and the Crown's duty to consult
and accommodate is attached.

    <<
           BACKGROUNDER ON METIS RIGHTS AND CROWN'S DUTY TO CONSULT
more...
http://www.newswire.ca/en/releases/archive/July2008/29/c7990.html

John Tory babbles again ... Tory has harsh words for aboriginal protesters

MATHEW McCARTHY, RECORD STAFF

July 25, 2008

Kevin Swayze RECORD STAFF

CAMBRIDGE

Stories of face-to-face confrontations, threats, and rumours of expanding First Nations land claims are spreading anxiety throughout the local construction industry.

"There's a sense of fear," said Martha George, president of the Grand Valley Construction Association.

"It's kind of a bit of hearsay. We're all getting worried that what's going to happen here is what's happened in Caledonia."

New native development fees, claimed for land along the length of the Grand River, add to the worries for construction companies, fearful projects will be stalled by protests if they don't abide by demands for First Nations' approval of projects.

Construction firms want the land claims issues settled by negotiation as soon as possible.

Construction firms need to get legal advice because it is apparent that they don't know the laws they operate under: First Nations approval IS REQUIRED. Developers MUST CONSULT. It isn't just about resolving 'land claims' (Aboriginal Title). It is about the 'Aboriginal Rights' that developers and governments must respect. And that includes their right to say "no" to development.

"We don't want to see anyone injured," George said. "We don't want another Ipperwash."

Provincial Conservative Leader John Tory, who met with the association's board, blamed the Liberal government for emboldening what he calls native law breakers.

"I think when you let the rule of law break down, lots of things happen," Tory said. Along with encouraging civil disobedience in native communities, Liberal inaction also opens the door for organized crime to move into lawless areas, Tory charged.

Blah, blah, blah! John Tory, see above. You don't have a friggen clue what the law is!

Premier Dalton McGuinty needs to take control, use the "prestige of his office" and show Ontario won't negotiate with bullies.

The premier should call native leaders into his office and tell them negotiations to solve land claims won't happen while people break the law by occupying land.

hahahahahahahahahahahaahaaaaahhhhahahahahaha.

That Tory is such a comedian, eh? Dalton has no moral authority to call them on the carpet! Dalton is the one BREAKING THE LAW!!!

He applauded Brantford for taking a tough stand against native occupations by getting court injunctions against protesters. What's needed is for the courts to strongly enforce existing laws against threats and violence, Tory says.

Negotiated settlements to native land claims need to be sorted out as quickly as possible but not when on one side are flagrantly breaking the law, Tory said.

Tory has no sympathy for aboriginal people who say they're following their laws. If they are counting on Canada's charter of rights to protect them, they must follow Canadian laws, too, he said. "If you've got a beef . . . you go to court."

Liberal inaction on the native issue is only going to worsen the downturn in the provincial economy, Tory said.

"Nobody is going to invest in a province where there's a complete breakdown in the rule of law."

It's true. Why would anybody want to do business in a province where the provincial and municipal governments break the law. They 'approve' development without proper agreements in place, and then leave the developers hanging out to dry when confrontations occur. Ontario is shooting itself in the foot.

There's 590 companies in the Grand Valley construction association, across central Ontario from Owen Sound through Kitchener and Cambridge to Brantford. The employ at least 20,000, George said.

Then the bosses better get consulting with Six Nations. Silly of them to just go ahead without proper legal agreements in place, risking all those people's livelihoods. After all, THE LAW IS THE LAW!

kswayze@therecord.com

Duty to Consult: Six Nations, Brantford Update Tuesday July 15 2008

The Kingspan construction site in northwest Brantford was quiet this morning following Monday’s arrest of a native protester.

About a dozen natives were outside the site today. The gate was locked and no construction was taking place. And... A man from Ohsweken has been released on a recognizance after he blocked a cement truck and resisted arrest at a Six Nations protest. 38 year old Dwayne Scott Maracle is charged with assault, resisting arrest, obstructing police, and mischief. The protest was at a construction site on Fen Ridge Court in Brantford, escalating when a protestor punched a police officer in the face. That man is still being sought for assaulting an officer... Background Six Nations has 29 land claims for "Aboriginal Title" as well as "Aboriginal Rights"throughout in the Haldimand Tract, including much of Brantford. Since the province of Ontario refuses to consult with Six Nations prior to issuing development permits for this land, Six Nations has repeatedly protested and shut down developments in Brantford, but some companies have continued trying to access the sites. Tonight Six Nations people are camped on the site, so there will be no further machines or work on the site. That's the plan. The City of Brantford recently applied for a permanent injunction against the protests, and was granted a temporary injunction only. Brantford Police tried to enforce that temporary injunction today, and failed to remove the Six Nations protesters, who now say they will stay on the site to ensure that no development occurs without consultation and agreement with them. It is the Crown's responsibility, the province. (but see below) Recently, a decision came down from the Ontario Court of Appeal on very similar situations. Relevant excerpts: Canada: Frontenac Ventures Corporation v. Ardoch Algonquin First Nation; Platinex Inc. v. Kitchenuhmaykoosib Inninuwug First Nation

14 July 2008

http://www.mondaq.com/article.asp?articleid=63390&login=true

Originally published in Blakes Bulletin on Aboriginal Issues, July 2008

On July 7, 2008, the Ontario Court of Appeal released two decisions related to sentencing of aboriginal protestors for contempt for breaching injunctions aimed at preventing aboriginal protests. Although the issue before the Court of Appeal in these decisions was the appropriate sentence for contempt of court, the court made several important comments about the duty to negotiate in the context of aboriginal protests. Most significantly, the Court of Appeal referred to the jurisprudence of the Supreme Court of Canada regarding the duty to negotiate, and found that whenever the interests of First Nations collide with private interests, every effort should be made to reconcile the private and aboriginal interests through consultation, negotiation and accommodation in a genuine attempt to resolve the conflicting interests. Such is the case even if the affected aboriginal communities choose not to fully participate in the injunction or legal proceedings.

The court considered arguments that had been made before it about the importance of the rule of law in Canada. The court adopted comments it had previously made in Henco Industries Limited v. Haudenosaunee Six Nations Confederacy Council, in particular finding that the rule of law had several dimensions, one of which was the reconciliation of aboriginal and non-aboriginal interests through negotiation. The court expressed the opinion that when a court is asked by a private party to grant an injunction which may have an adverse impact on an asserted aboriginal or treaty right protected by section 35 of the Constitution Act, "such cases demanded careful and sensitive balancing of many important interests in accessing whether to grant the requested injunction and on what terms".

The court went on to explain how these interests are to be effectively balanced. The court stated that the clear answer could be found in the last 20 years of jurisprudence of the Supreme Court of Canada and in particular the requirement for consultation, negotiation, accommodation and ultimately reconciliation of aboriginal rights and other important, but at times conflicting, interests. The court cited the long line of Supreme Court jurisprudence beginning with R. v. Sparrow, including Haida Nations v. British Columbia (Minister of Forest), Taku River Tlingit First Nation v. British Columbia (Project Assessment Director), and Mikisew Cree First Nation v. Canada (Minister of Heritage). The court found that this clear line of jurisprudence required that where constitutionally protected aboriginal rights are asserted, "injunctions sought by private parties to protect their interests should only be granted where every effort has been made by the court to encourage consultation, negotiation, accommodation and reconciliation among the competing rights and interests". The Court of Appeal cautioned in particular that if the injunction is intended to create a "protest free zone" for contentious private activity that impacts upon an asserted aboriginal right, the court must be extremely careful to ensure that the duty to consult with the First Nation has been fully and faithfully discharged and that every effort had been exhausted to obtain a negotiated or legislated solution.

...

The Court of Appeal made a clear statement in Frontenac that it would no longer be acceptable for private parties to seek injunctions as a first response to prevent protest action by First Nations with legitimate aboriginal rights or land claims.

... The Court of Appeal applied the Supreme Court of Canada's established jurisprudence and held that there is a duty on the Crown, as well as private parties, to negotiate with indigenous communities in order to resolve conflicting interests. Following these decisions, it will be increasingly important for private stakeholders in Ontario with an interest in property over which an aboriginal rights claim has been asserted to be cognizant of, and sensitive to, those indigenous interests.

Six Nations, Brantford: Protester arrested at northwest construction site

Posted By John Paul Zronik

Six Nations protesters promised a full-fledged land occupation in Brantford following the arrest of a native protester by city police on Monday. "They're going to have one hell of a fight now," said Steve Powless, who spoke on behalf of the protesters. "This is going to be Caledonia Part 2. They don't understand what they're in for." Police made the arrest near a site on Fen Ridge Court in the city's northwest business park, where Kingspan Insulation is in the process of constructing a new headquarters and warehouse facility. Six Nations protesters say the land is under claim. The chain of events leading to Monday's arrest began at about 8:30 a.m., when two concrete trucks carrying loads to the Kingspan site were blocked by protesters. The trucks left, but returned a second time at about 9:45 a.m. in an attempt to get on the site. When a protester again attempted to block the trucks, he was confronted by police. A struggle took place and the man was later arrested and charged with assaulting police with intent to resist arrest and obstructing a police officer. The man's identity has yet to be determined. In a media release, city police said officers were attempting to facilitate access of the two trucks to the Kingspan site when one protester disobeyed officers' direction and stood in front of one of the trucks. When officers moved in to arrest the protester, he punched an officer in the face, police said.

Posted By Derek McElveny, chief of police

Posted 8 mins ago

"We are extremely disappointed that the peace was not kept during the protest today. Our officers were performing the duties that they are sworn to perform; to keep the peace, protect the public and enforce the laws. Our police service has a duty and responsibility to enforce court orders and, until today, our continued professionalism has garnered mutual respect that has resulted in peaceful protests. Today, the actions of a few protestors resulted in two of our officers being assaulted and other persons being threatened. The Brantford Police Service expects that any protest conducted in Brantford by any group is done so in a peaceful manner that complies with the laws of Canada and orders issued by our courts. Community, Provincial and Federal leaders are encouraged to exert their influence over their respective members to ensure the safety of our community is preserved and these land claim issues are resolved peacefully and expeditiously. The Brantford Police Service should not be perceived to be a solution to these long standing and complex land claim issues. Long term and long lasting resolutions to these claims can only be achieved through meaningful negotiations by the various levels of government and Six Nations Community Leaders who have the authority and will to resolve them. "– Derek McElveny, Chief of Police, Brantford Police Service

Peace returns to Kingspan site following native's arrest

Updated 1 hour ago

All was quiet at the Kingspan site this afternoon. At about 9 a.m., police arrested a native who blocked a cement truck from entering the constructon site in northwest Brantford. Two hours later, workers and equipment left without entering the site. At about noon, police removed barriers they had put up on roads to keep the public away from the site.

___

I expect that's it for that construction site. I doubt the developer will make any further attempts to get on the site. I certainly hope not. That would be just foolish. Canadians abhor violence in the streets above all else, and to a fault. "They're going to have one hell of a fight now," said Steve Powless, who spoke on behalf of the protesters. "This is going to be Caledonia Part 2. They don't understand what they're in for."

___

I just don't think they are leaving until somebody consults with them about this development. It seems to conflict with their plans, and their rights. And clearly SOMEbody has a legal "duty to consult" with them. It's Ontario's response we are waiting for. So far Ontario has only interfered with negotiations by telling developers not to negotiate with Six Nations. That's why people are getting hurt in Brantford today. How does that fulfill the Crown's Duty to Consult? How does that attract business to Ontario? It is interesting that these Judges told "private parties" their "duty ... to negotiate". This hasn't been spelled out before, though it's always indicated that "private parties" must play a role. would no longer be acceptable for private parties to seek injunctions as a first response

there is a duty on the Crown, as well as private parties, to negotiate with indigenous communities in order to resolve conflicting interests.

Following these decisions, it will be increasingly important for private stakeholders in Ontario with an interest in property ... to be cognizant of, and sensitive to, those indigenous interests.

That means if private companies follow the court's order, they have to disobey Premier McGuinty, who told them not to "consult, and accommodate" Six Nations interests.

I wonder which way they will go tomorrow morning?

Will Kingspan and Ontario and Brantford consult with Six Nations and accommodate their legitimate interests in the land?

Because it is pretty obvious that every effort HAS NOT BEEN "exhausted to obtain a negotiated or legislated solution".

In fact, no one has even talked to Six Nations Confederacy about their legitimate interests in that land.

KINGSPAN IS TOO DAMN BUSY TRYING TO RAM THEIR CEMENT TRUCKS THROUGH THE PEOPLE LINE!!!

I expect it was a youth they confronted. They always run fastest to stop the trucks.

No more of that tomorrow, KINGSPAN. Tomorrow you send the big cheeses to negotiate civilly, like the judges say. Talk civilly with the Elders. Don't attack the youth. Ever again. Canadians abhor violence against young people in the streets, by KINGSPAN thugs hiding in big trucks.

Duty to consult: Brantford construction site shut down by Six Nations protest

Globe and Mail, Canada - 11 hours ago BRANTFORD, Ont. — A construction company moved its heavy equipment off a Brantford work site Friday after about 50 aboriginal protesters showed up. ...

Six Nations protesters shut down worksite Hamilton Spectator, Canada - 1 hour ago ... built on land Six Nations never surrendered. It follows a larger protest Monday that shut down work at five sites. Brantford has obtained an injunction ...

Six Nations protestors occupy site London Free Press, Canada - 1 hour ago ... heavy equipment off a Brantford work site yesterday after about 50 aboriginal protesters showed up. There was talk that Six Nations protesters would set ...

Brantford construction site shut down by First Nations protest Canoe.ca, Canada - 4 hours ago There was talk that Six Nations protesters would set up teepees or tents to occupy the site. No tents or teepees were erected, but spokesman Steve Powless ...

Natives stop construction at Kingspan site Brantford Expositor, Canada - 10 hours ago The injunction prevents people from interfering with development on the Kingspan site and several other construction sites in Brantford. ...ISE:KSP

Aboriginal protesters send workers packing; St. Catharines Standard, Canada - 1 hour ago Ac onstruction company moved its heavy equipment off a Brantford work site Friday after about 50 aboriginal protesters showed up. There was talk that Six ... Six Nations shuts down construction site; Sault Star, Canada - 7 hours ago A construction company moved its heavy equipment off a Brantford work site Friday after about 50 aboriginal protesters showed up. There was talk that Six ... Brantford construction site shut down by native protest; Belleville Intelligencer, Canada - 11 hours ago There was talk that Six Nations protesters would set up teepees or tents to occupy the site. No tents or teepees were erected, but spokesman Steve Powless ... Six Nations protest shuts down Brantford construction site; Timmins Daily Press, Canada - 14 hours ago A construction company moved its heavy equipment off a Brantford work site Friday after about 50 Aboriginal protesters showed up. There was talk that Six ... Protest shuts down Brantford job site; Peterborough Examiner, Canada - 14 hours ago There was talk that Six Nations protesters would set up teepees or tents to occupy the site. No tents or teepees were erected, but spokesman Steve Powless ... 6 user(s) are online (5 user(s) are browsing News Centre) CD98.9, Canada - 14 hours ago Work has abruptly stopped at a Brantford construction site. This after a protest of around 50 aboriginal protesters bearing Six Nations Flags showed up ... Coalition hires firm to test proposed peace agreement; Brantford Expositor, Canada - 15 hours ago The coalition's interim peace solution calls for Brantford to pay a percentage of the municipal portion of taxes to the Haudenosaunee/Six Nations on new ... Strahl says ask province for help Brantford Expositor, Canada - Jul 11, 2008 Brant Liberal MP Lloyd St. Amand should be taking his anger over development protests in Brantford to his provincial Liberal cousins at Queen's Park. ...

Duty to Consult: Cree remove roadblock after drivers “blast through” June 23, 2008 http://intercontinentalcry.org/cree-remove-roadblock-after-drivers-blast-through/ Members of the Kelly Lake Cree Nation (KLCN) took down a roadblock on Saturday because “angry and dangerous drivers” began blasting through, almost running over four people in separate incidents. One of the People that almost got hit was KLCN spokesman Clayton Anderson. According to the CBC, Anderson said he was walking toward a vehicle at the blockade on Highway 52, about 180 kilometres southeast of Chetwynd, in northeastern B.C., when “this guy just steps on the gas and practically runs me over.” He was nicked, Anderson said, and then “these two big rigs and a pickup sped through here and literally just about running over my people.” [SEE COMMENTS ON CBC ARTICLE. PEOPLE ARE APPLAUDING IT] The KLCN had set up the roadblock a day earlier, hoping to raise awareness about a number of health and safety concerns brought on by oil and gas exploration on their traditional lands. The roadblock was set up in conjunction with a three-day “emergency disaster preparedness drill” they organized for themselves. Anderson explained earlier this month that the KLCN have been holding land claim negotiations with the federal government since 1994 - during which they’ve repeatedly talked about their concerns: “about the effect drilling is having on water quality in the area, as well as the heavy volume of industrial traffic roaring through the community every day.” “Vehicles are transporting dangerous and toxic materials used in oil and gas exploration, but no one seems to have an evacuation or disaster preparedness plan in place for the community in the event of an explosion or toxic leak,” Anderson said. “It is incredibly disturbing,” comments Green Party leader Elizabeth May, “that thus far, their concerns over water quality, industrial traffic and the transport of dangerous substances through their community have been ignored.” “The Kelly Lake Cree should not bear the burden of negative environmental impacts or health and safety risks due to exploration,” adds Lorraine Rekmans, the Green Party Critic on Aboriginal Affairs. “Kelly Lake still relies on subsistence hunting and fishing and infringing on this activity is unconstitutional. Putting the community in harm’s way is irresponsible.” One could even say criminally negligent. *********************************** In other news ....

B28755 / Wed, 2 Jul 2008 08:46:31 / International

There were multiple offensives against indigenous people throughout the month of June. A Canadian court paved the way to reclassify 16 lakes as mine waste dumps; The US Supreme court issued at least three rulings against indigenous rights; Police in Australia barred a group of Indigenous People from visiting a scared site; and there was state-sanctioned violence against people in Guatemala, India, Brazil, Colombia, and Peru.

In other news, the O’odham of Gila River became the first Indigenous Community in the US (perhaps in the world) to ratify the UN Declaration on the Rights of Indigenous Peoples; The Anishinabek launched a campaign to abolish the term “Aboriginal;” a call for an independent government was established in the CHT; and finally, in northeastern India, Indigenous communities gathered for the first ever convention on peace and unity.

You will find these stories and more in this month’s edition of Underreported struggles.

http://ahniwanika.gnn.tv/blogs/28755/Underreported_Struggles_15

RIGHTS OF INDIGENOUS PEOPLES: CROWN'S DUTY TO CONSULT AND TO ACCOMMODATE "EXISTING ABORIGINAL AND TREATY RIGHTS" [T]he Supreme Court of Canada has ruled that the Crown has a legal duty to consult, and where appropriate to accommodate, when the Crown has real or constructive knowledge of the potential existence of Aboriginal rights or title, and the Crown contemplates conduct that might adversely affect those rights ― whether those rights have been established (proven in court or agreed to in treaties) or whether there is the potential for rights to exist New Brunswick http://timestranscript.canadaeast.com/opinion/article/342446

The First Peoples of New Brunswick are being conspicuously ignored, and their rights flagrantly violated and infringed as result of this new-drive to modernize and expand. Government "correspondence" now substitutes for "consultation"; industry pays "lip service" to aboriginal concerns and hopes to be left alone by First Nations in exchange for a donation to a sporting event or a modest scholarship allocation. ... Indian land title to New Brunswick remains unextinguished. ... we are reaching a point of no return in terms our exclusion from consultation with the province's self-sufficiency agenda.

First Nations are about to walk away from industries who do not take us seriously. We may have to revisit them in other forums in other ways. Currently New Brunswick has no consultation policy with First Nations sufficient to discharge its lawful obligations to discuss and, if required, accommodate, our concerns. Nor are there meaningful talks under way to fashion such a policy.