Whitefish River First Nation and allies demanding protection of waterways and sacred lands
Fury in Birch Island - Environmental hearing for Fisher Harbour draws over 100, including chiefs from across the province
Posted By Craig Gilbert - September 2, 2009
Emotions boiled over during a four-hour public consultation related to Fisher Harbour, an industrial port on the traditional territory of Whitefish River First Nation (WRFN.)
Over 100 WRFN members, cottage association representatives and band chiefs from all over Manitoulin Island and the rest of the province conjugated at the community centre in Birch Island to express their grave concerns over the port operator’s intention to triple the number of substances shipped through the area.
Also present were Brian Rich, Espanola-area supervisor for the Ministry of Natural Resources and his boss Sudbury-district manager Ed Tear, Fisher-Wavy CEO and ACIL chairman Jamie Wallace, his son and manager Jeff Wallace and other employees.
The company wants to renew its water lot lease and simultaneously expand the list of materials they are allowed to ship through WRFN.
According to WRFN Chief Franklin Paibomsai, Alexander Centre Industries Ltd. (ACIL), a division of Fisher-Wavy, poses a threat to the environment, impedes on a number of sacred sites and operates with near-complete disregard for the health and welfare of his community.
The company uses Fisher Harbour to port bulk associated with its affiliated construction and aggregate supply companies and for other clients. The widely expressed opinion in Birch Island is the company wants to expand its commodities list for the port in order to do more business with the Sudbury mining camp, such as backhauling metal concentrates.
They say the “almighty dollar” is what drives ACIL, not concern over humans or the environment they occupy.
A recent letter from a member of the WRFN pow wow community sums up their position neatly. The letter responded to a $1,500 donation from ACIL in response to a standardized request for corporate donations circulated to several businesses in the region for the community’s annual pow wow. The ACIL staffer that returned the form actually drew a new check-box for the large amount.
But the community refused the donation, and provided the Mid-North Monitor with a copy of the un-cashed cheque to prove it.
“While under the circumstances of the upcoming Water Lot Lease evaluation and renewal proposal, the WRFN pow wow committee feel strongly that our goals and visions of the future are not the same,” wrote Gregor Jacko. “Our spiritual traditions, sacred grounds and culture are being disrespected and trespassed upon by your company and affiliates ... The land which you hope to lease should be your concern.”
Earlier this year, the Union of Ontario Indians released a statement accusing ACIL, the Ministries of Natural Resources and the Environment of “environmental racism” by allowing the port to ship dangerous materials such as bulk salt and flux sand without the required environmental approvals.
The meeting Wednesday afternoon, August 26, was the third of three public input sessions required by the Class ‘C’ environmental assessment process (EA). ACIL wants to renew its water lot lease and triple their approved materials list. Among the most troublesome substances for Paibomsai, his community and the rest of the 100-plus crowd are “metal-bearing” concentrates, an open list of agricultural supplies and products, slags and natural aggregates, motor vehicles and parts, bulk salt, polymers and rubbers.
According to Rich, the input gathered from the three meetings will determine how the MNR proceeds with the lease extension and request to expand the list of approved materials.
“ACIL has gone above and beyond what is required for environmental and other (traffic, noise) studies,” Rich said, adding the MNR and Environment ministry had inspected the site. “Following this, we could extend the comment period, or demand a full environmental Class ‘D’ report (or approve the application. Your comments are how we will determine our next course of action.”
The meeting opened with a smudge and a prayer from community elder Violet McGregor.
Regional Chief Angus Toulouse was the first to speak out against the company’s applications. He said his people have occupied and lived off the land on Turtle Island, referring to the Earth, for millennia.
“First Nations in Ontario continuously face environmental issues like the ones presented in Fisher Harbour,” Toulouse said. “Our concerns fall on deaf ears. They are not addressed by governments, they go unresolved and our relationship with (the government) diminishes.”
Toulouse noted that there were “serious reservations” about the placement of Fisher Harbour and its proximity to the “pristine” environment of McGregor Bay before it was constructed, dating back to 1972.
“The current process in place to deal with (the rights and concerns) of First Nations is not working,” Toulouse continued. “It is unwise to have a port here and ship substances harmful to the environment. We don’t want any more heavy trucks going through our territory.
“The most important thing to remember is that First Nations were here occupying lands and governing territories long before Europeans arrived,” he said. “We were never conquered by settlers or their subsequent governments ... Since you didn’t conquer us the only way to legitimately exercise power here is if the First Nation gives up sovereignty. No First Nation gave up sovereignty rights via treaty.”
The only recourse, then, is negotiation and meaningful consultation, which Chief Paibomsai said has not taken place. In comments he made leading up to the response from the company, he said there isn’t much faith in his community that meaningful discussions could ever take place.
Paibomsai said WRFN had a sitting judge come in and try to negotiate an impacts and benefits agreement (IBA) and ACIL representatives walked away from the table.
“Earlier this year, we tried to restart negotiations with the company,” Paibomsai said. “ACIL treated this with disdain.”
Paibomsai, Toulouse and several others that presented, including WRFN band councillors, a speaker relaying comments collected from community elders and a historian who presented a contextual Aboriginal worldview on the history of the region, noted that the report produced by the Ipperwash Inquiry has to be considered in any dealings with First Nations. The Ipperwash report, they said, recommends that the First Nations be consulted where sacred sites could be or are being impeded upon.
“A prerequisite for reconciliation is respect for our traditional territory,” Toulouse said. “The intent of the Ipperwash report is both Crowns to reconcile with First Nations.
“(Fisher Harbour) is a very clear indication that the current EA process is not working.”