Matawa First Nations file legal action against Minister David Ramsey and MNR
Matawa First Nations tribal council press release ...
First Nations file to protect rights in Kenogami Forest
Thunder Bay, ON: The Matawa First Nations have just commenced legal proceedings in the form of a Judicial Review Application against Minister of Natural Resources, David Ramsey. The Director of Industry Relations at the MNR, Terrace Bay Pulp Inc. (owned by Buchanan Forest Products) and Neenah paper Company of Canada are also named respondents.
The legal proceeding seeks to set aside the MNR’s transfer of the Sustainable Forest License (SFL) in the Kenogami Forest, from Neenah to Terrace Bay/Buchanan on August 31, 2006, on the basis that Matawa First Nations were not consulted about the transfer and the terms of the SFL.
The legal case also seeks orders from the court requiring the Minister to fulfill the MNR’s obligations in term and Condition 34 of the Class Environmental Assessment Order, and to consult the Matawa First Nations about how this should be done. Term and Condition No. 34 required the MNR to undertake various measures to provide for more equal participation by Aboriginal peoples in the benefits provided through forest management planning, including more equal management and decision-making capacity, as well as employment, business, economic or financial benefits. “So far, little has been done to honour or implement these legal requirements,” says Chief Veronica Waboose.
Despite continued lobbying and requests from the nine communities of the Matawa First Nations to be included and consulted in any regional forestry planning developments affecting the Kenogami territory, the First Nations have been excluded. All of the Matawa First Nations have reserves either in or adjacent to the Kenogami Forest and therefore have treaty rights, including rights to harvesting, hunting, fishing and trapping in the territory covered by the Kenogami Forest. The non-cooperation and disregard for regional collaboration from both government and industry has left the Matawa First Nations with no other options to be heard.
The proceedings, which will come for a hearing before the Divisional Court of the Ontario.
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Notes to Editor:
Matawa First Nations includes nine (9) communities in Northern Ontario: AROLAND FIRST NATION, CONSTANCE LAKE FIRST NATION, EABAMETOONG FIRST NATION, GINOOGAMING FIRST NATION, LONG LAKE #58 FIRST NATION, MARTEN FALLS FIRST NATION, NESKANTAGA FIRST NATION, NIBINAMIK FIRST NATION, and WEBEQUIE FIRST NATION
Media Contact:
Kate Kempton, legal counsel
Olthuis Kleer Townshend
Tel: 416-981-9374
Cell: 416-571-6775
Email: kkempton@oktlaw.com
Stephanie Ash
Firedog Communications
Tel: (807) 767-4443; Fax: (807) 767-4479
Email: stephanie@firedogpr.com