Grassy Narrows First Nation court decision respects all development on traditional lands

Grassy Narrows PRESS RELEASE

August 17, 2011

Landmark legal victory could end clearcut logging in Grassy Narrows Territory

(Toronto) – Yesterday the Grassy Narrows First Nation (Asubpeeschoseewagong Netum Anishinabek) won a major victory in their more than decade long battle to stop clearcut logging in Grassy Narrows’ traditional territory. Grassy Narrows Chief and Council welcome the decision of the Ontario Superior Court of Justice to protect the rights promised to the Anishinaabe from interference by Ontario. Madam Justice Mary-Anne Sanderson’s decision, over 300 pages in length, finds that the Government of Ontario does not have the power to take away the rights in Treaty 3 by authorizing development including logging and mining.

This decision will set the stage for proper recognition and protection of those rights and, even more importantly, will help protect the Anishinaabe way of life in Northwestern Ontario. Grassy Narrows hopes that this will be a turning point in this battle. We expect that real protection for the endangered boreal forest and our way of life will be put in place immediately.

Joseph Fobister, one of the trappers who were plaintiffs in this case said, “this is a victory for our people. We have struggled for many years to save our way of life in the face of uncontrolled clearcutting, which has contaminated our waters and destroyed our lands.” Mr. Fobister also thanked the people of Grassy Narrows and the supporters who have stood by the community in the fight against clearcut logging.

Chief Simon Fobister urges the Governments of Ontario and Canada to come to the table to negotiate a modern understanding that will fully respect and implement our rights. Chief Fobister said that “this will require protecting the way of life of the Anishinaabe who were here before the logging industry came to these lands and will be here after the logging companies have moved on to other forests.”

This case describes the long history of the Anishinaabe and their fight to hold the Government of Canada to the promises made in Treaty 3. Grassy Narrows calls on Canada and Ontario to honour the spirit and intent of this decision by moving to eliminate clearcut logging in Grassy Narrows Traditional Territory and to develop a meaningful new approach to the management of this territory in partnership with Grassy Narrows.

For Further Information Contact:

Chief Simon Fobister: 807-407-0170

Joseph Fobister: 807-407-2745

Robert Janes
Janes Freedman Kyle Law Corporation
816-1175 Douglas Street, Victoria, BC, V8S 2R4
250.888.5269
rjanes@ jfklaw.ca

+++++++

AFN National Chief Welcomes Grassy Narrows Court Decision Upholding Treaty Rights, Calls on Crown to Honour Decision

OTTAWA, Aug. 18, 2011 /CNW/ - Assembly of First Nations (AFN) National Chief Shawn A-in-chut Atleo today welcomed a decision by the Ontario Superior Court of Justice which upholds the Treaty rights of First Nation citizens in Grassy Narrows First Nation, calling on the Crown to honour the spirit and intent of the decision.

"We support Grassy Narrows First Nation and all of Treaty #3 territory as they continue to protect their inherent and Treaty rights and their traditional relationship with the land and rivers," said AFN National Chief Shawn Atleo.  "We sincerely hope the outcome of this case will lead to a new relationship based on mutual respect, and an end to the unnecessary conflicts that have caused anguish and suffering to the citizens of Grassy Narrows and other impacted First Nation communities."

The case began more than a decade ago following clear-cut logging attempts in Grassy Narrows territory.   The community has since asserted its constitutionally protected Treaty rights, continuously calling on the governments of Ontario and Canada to uphold the spirit and intent of Treaty #3.

The Assembly of First Nations is the national organization representing First Nations citizens in Canada.

For further information:
Contact information:

Don Kelly, Assembly of First Nations A/Communications Director 613-241-6789 ext. 334 or cell: 613-292-2787 or email dkelly@afn.ca

Jenna Young, Assembly of First Nations Communications Officer 613-241-6789, ext 401 or cell: 613-314-8157 or email jyoung@afn.ca

Alain Garon, Assembly of First Nations Bilingual Communications Officer 613-241-6789, ext 382 or cell: 613-2920857 or email agaron@afn.ca