Far North Act will not apply in Shibogama First Nation territory without our consent

NEWS RELEASE – WEDNESDAY SEPTEMBER 22, 2010 

Far North Act will not apply in Shibogama Homelands without our Consent

The Indigenous Peoples of Kasabonika, Kingfisher, Wapekeka, Wawakapewin and Wunnumin Lake First Nations along with the Shibogama First Nations Council clearly state for the record once again that their concerns are not addressed or reflected in Bill 191, the Far North Act. We continue to support the Nishnawbe-Aski Nation (NAN) opposition and call on Ontario to do the right thing and withdraw the bill.

Premier Dalton McGuinty committed that he would not move forward with the Far North Act without the support and consent of the First Nations. The Indigenous Peoples of the Shibogama First Nations Council collectively state that our people never gave their free, prior and informed consent eto Bill 191 and therefore it will not be applicable in our collective sacred living lands.

“The peoples of Shibogama will continue to exercise our Aboriginal and Treaty rights using the Inherent Right principles given to us by the Creator,” says Chief Joshua Frogg of Wawakapewin First Nation. “Any and all land and resources planning will be based on our inherent jurisdiction, our principles and our responsibilities.”

“Once our Elders advise us to assert our jurisdiction, we will take direct action to exercise this mandate and move forward with the issues at hand,” says Margaret Kenaquanash, Executive Director for the Shibogama First Nations Council. “We have tried for four (4) years to get Ontario to understand the aspirations of our people, who will continue to plan for our lands and resources using our principles which the Far North Act has rejected.”

We believe that planning for the lands and resources must be done in an open, honest, fair and meaningful manner that will truly meet the social, environmental and economic interests of our peoples and all Ontarians. It is most unfortunate that Ontario chooses to ignore our voices and fails to deliver on the true meaning of a new relationship.

The historical grievances with the Ministry of Natural Resources remain outstanding and do not contribute to a trusting and meaningful relationship. The Premier’s broken promise that he will not go forward with Bill 191 without Indigenous consent further deteriorates relationship building and reconciliation as required by Supreme Court rulings.

Our Elders teach us to respect one another as well as the law of the land however it must be reciprocal. If Ontario passes the Far North Act without our consent, it will not mean free access for industry and/or environmental non-governmental organizations (ENGO’s) who have supported this bill. Our people will decide what happens on our homelands.

“Our First Nations will not recognize Bill 191 which Ontario holds in high esteem,” says Chief Rod Winnipetonga of Wunnumin Lake. “We will continue to exercise our authority and jurisdiction on our lands and waterways. Any canoeists and developers coming into our territory including our waterways without our consent will be evicted under our laws.”

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CONTACT: Margaret Kenequanash, Executive Director P: (807) 737-2662 F: (807) 738-1248

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COO press release 

Statement from Ontario Regional Chief Angus Toulouse on Provincial Bill 3-191

September 24, 2010

Toronto, ON - Yesterday in the Ontario Legislature, the Ontario government passed Bill C-191 “An Act with respect to land use planning and protection in the far north” despite widespread opposition from the affected First Nations, northern municipalities and industry.

It is unfortunate and disappointing that more time was not set aside by the Ontario government to come to a reasonable and fair resolution to this matter. I believe that there were other options that could have been explored further to address the concerns of the First Nations of the far north. I want to be clear that First Nations are fully supportive of environmental conservation and protection but also want to be able to exercise their right to make decisions with respect to land use planning within their traditional territories. First Nations assert jurisdiction within their traditional territories, and have aboriginal and treaty rights that must be recognized and respected.

It is a challenge to accept the Ontario government’s assertion that a “partnership” has been developed with First Nations with respect to this initiative when one party is saying they are not happy with the process, do not feel their views have been respected and accommodated in the development of this bill that will govern the process for formalizing land use plans. Yes, it is true that the First Nations can develop land use plans but these are subject to the approval of the Ontario government. So if the government does not like the plan or a specific aspect of the plan they can simply withhold approval and the process ends. There are other steps in the proposed land use planning process where government can simply disapprove thereby ending plans that First Nations want to pursue. A partnership does not mean that one person holds all the decision-making power from beginning to end.

Historically, over the course of the relationship between First Nations and government, First Nations have remained and will remain diligent and committed to engaging with government in an effort to improve the lives of our people. We have no choice. If we leave the table completely, we will truly be “out of sight and out of mind.” This will leave First Nations people in the territory in an even more vulnerable state.

I am confident that the First Nations in the territory will continue to act to protect their aboriginal and treaty rights over the imposition of Bill 191. I, and the First Nations across Ontario, support them in their efforts and will continue to support them. Bill 191 has passed, but I believe that with good faith and the political will of the Ontario government a reasonable and peaceful plan forward can be found and must be found.

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For more information please contact:
Andre Morriseau, Communications Officer
Ph: 416-580-9320
Email: andre[at]coo.org