Archive | November 2012

First Nations hold veto over resource development

Provincially, says Gallagher, “Only Quebec has risen to address this complex social justice and environmental challenge.”

He points to a 2002 Paix des Braves agreement signed by Ottawa, Quebec City and the James Bay Cree.

The 50-year deal, which followed decades of court battles, mandates sharing among the parties of decision-making and revenue relating to mining, forestry and hydro power development on Cree land in northern Quebec.

The Cree, expecting to reap $3.5 billion from the accord, have opened an embassy in Quebec City in the spirit of nation-to-nation dealings.

B.C., Gallagher says, is making progress in engaging aboriginals in resource decision-making while Ontario is by far the poorest performer on this front.” – Barbara Yaffe From: “First Nations hold veto over resource development”, Vancouver Sun, November 12, 2012

– Full Article –

Governments and corporate Canada remain in denial about a new reality: aboriginal groups hold veto power over resource development.

In his just-published book, Resource Rulers; Fortune and Folly on Canada’s Road to Resources, Bill Gallagher reviews the legal victories natives have toted up since the 1980s, and draws an intriguing conclusion.

He says it’s no longer enough for companies to merely consult on resource projects, they need to invite aboriginals to become partners and co-managers in proposed developments.

Gallagher, a Kitchener resident who has worked as an oil-patch lawyer and treaty negotiator, calls the situation “the biggest under-reported business story of the last decade.”

He personally has counted up “well over” 150 legal wins for native groups, all based on provisions outlined in Canada’s Constitution.

“The native legal winning streak now simply has to be fundamentally and constructively addressed, both nationally and regionally .”

That message was reinforced last week by Assembly of First Nations chief Shawn Atleo, speaking at a gathering north of Thunder Bay. Atleo said aboriginals are prepared to take care of themselves financially, using revenue from resources they believe they own.

Gallagher says natives have become unrelenting because their legal wins have convinced them of their clout.

That attitude is playing out at the moment in their inflexible opposition to the Northern Gateway pipeline in B.C. – despite the fact some native groups in the province have signed on to the project.

He says ultimately it will be the native people who will have the major voice in deciding risks that can be tolerated in transporting bitumen.

In the same vein, Gallagher labels “inconceivable” any oil development off B.C.’s coast – in an area where ownership rights remain unclear.

“Until we have true resource-power sharing with natives, the fate of Canada’s resource sector will be in the hands of native strategists in their new capacity as resource rulers.”

The aboriginals also are benefiting from the help of sophisticated eco-activists, though occasionally, they’ve spurned such help in favour of resource revenue and jobs on offer.

Natives, asserts the author, are “in the driver’s seat,” with power outmuscling that found even in the Prime Minister’s Office.

Provincially, says Gallagher, “Only Quebec has risen to address this complex social justice and environmental challenge.”

He points to a 2002 Paix des Braves agreement signed by Ottawa, Quebec City and the James Bay Cree.

The 50-year deal, which followed decades of court battles, mandates sharing among the parties of decision-making and revenue relating to mining, forestry and hydro power development on Cree land in northern Quebec.

The Cree, expecting to reap $3.5 billion from the accord, have opened an embassy in Quebec City in the spirit of nation-to-nation dealings.

B.C., Gallagher says, is making progress in engaging aboriginals in resource decision-making while Ontario is by far the poorest performer on this front.

Former premier Gordon Campbell, who presided over a 2010 Olympics that fully recognized B.C.’s aboriginals, received credit from the author for being the Canadian leader who has tried hardest to bring about a reconciliation with native Indians.

In Alberta, the oilpatch has yet to realize, “only natives can green the oil-sands and thereby imbue Canada’s bitumen with a measure of international respectability.”

As for the corporate sector, Gallagher says too many business executives continue to take native people for granted.

Perhaps in recognition of the growing influence of aboriginal people across the country, a trio of aboriginal lieutenants-governor have been appointed: Ontario’s James Bartleman in 2002; B.C.’s Steven Point in 2007 and New Brunswick’s Gray-don Nicholas in 2009.

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Band Council admits it has “no jurisdiction” over lands outside of Indian Reservation No. 40

The Mohawk Workers hold the Haldimand deed which proves ownership to land six miles deep on either side of the Grand River.  Clearly, neither Band Council, nor the City of Brantford, has any jurisdiction over Kanata – and other Mohawk lands.

Without a valid surrender / transfer pursuant to law (Governor’s May 1 1812 Instruction) The Mohawks clearly remain entitled to their land as proclaimed in 1784.

Another injunction against land protectors crafted by Smitheman and Arrell

November 7, 2012 Tekawennake Article by Jim Windle

Information to the Special Rapporteur on indigenous rights from Mohawk Workers

To: Special Rapporteur on the rights of indigenous peoples

c/o OHCHR-UNOG
Office of the High Commissioner for Human Rights
Palais Wilson
1211 Geneva 10, Switzerland

Source: Jason Bowman (for Bill Squire)
Source Contact Information: Address: Kanata Village – 440 Mohawk Street
Brantford, Ontario, Canada, N3T 3C4

E-mail: greatwhiteroots@gmail.com

Website: https://rotinonshonnionhwetkanatahere.wordpress.com

Description of Submitting Organization: The Kanienkahagen people of the Mohawk Nation of the Ouse / Grand River Territory (as the Mohawk Workers) represent the ‘head’ and leaders of the League of Five Nations Confederacy, and are trustees and protectors of the Haldimand Proclamation of 1784
Alleged Victims or Community Affected: The Mohawk Workers as the Kanienkahagen people of the Mohawk Nation of the Ouse / Grand River Territory
Alleged Perpetrators: Bill Doherty, Walton Development and Management GP Ltd., Riverbend Asset Management Corporation, the County of Brant, the Province of Ontario, the County of Canada, and others to be named.
Summary of Events: On-going violations of indigenous peoples’ rights over lands and natural resources, including dispossession and removal, lack of prior consultation regarding development projects, and other transgressions including violations of treaty and human rights at Tutela Heights and elsewhere within the Haldimand (Ouse / Grand River Territory).
Additional Comments: Canadian federal and provincial legislation and policies have directly impacted the Kanienkahagen people of the Mohawk Nation of the Ouse / Grand River Territory as indigenous peoples in ways set out within the attached preliminary synthesis of allegation information.
Documents: [See: Attached November 2, 2012 Preliminary Synthesis of Allegation Information from Jason Bowman]

Please see attached synthesis of pertinent information as per Mr. Anaya’s direction. November 2 2012 Information to the Special Rapporteur

The Mohawks of the Ouse / Grand River territory plan to submit these allegations to the Ontario Superior Court on Friday including a motion for directions, and also to the Federal Court of Canada shortly thereafter.  We have copied the Ontario Ministers of Environment, Culture and the Attorney General as well as forwarded our complaint allegations to Ontario’s Private Security and Investigative Services Branch of the Ministry of Community Safety and Correctional Services. We are thankful for the opportunity to have submitted same to the U.N. Special Rapporteur’s office.

Our hope is that the alleged offending entities including branches / arms of Canadian governments may be compelled to respect relevant international protocols commencing on Friday domestically.  We understand that mechanisms take time to work. Our fear is that further disturbances, digging and disruption / corruption of these sacred sites and other irreparable harm will be permitted to occur at the hands of the Ontario Superior Court and / or other Canadian entities notwithstanding our allegations and objections.

Mohawk Workers Attempt to Halt Walton Development at Tutela Heights Burial Sites in Superior Court – Forthcoming Preliminary Allegation Information Synthesis Submission to U.N.

Mohawk Workers Attempt to Halt Walton Development at Tutela Heights Burial Sites in Superior Court – Forthcoming Preliminary Allegation Information Synthesis Submission to U.N.

The Mohawks of the Ouse / Grand River territory plan to submit allegations to the Ontario Superior Court on Friday including a motion for directions, and also to the Federal Court of Canada shortly thereafter.

We are thankful for the opportunity to submit same with the Office of the High Commissioner – United Nations – Human Rights via the Speical Rapporteur on the rights of indigenous peoples. Our hope is that the alleged offending entities including branches / arms of Canadian governments may be compelled to respect relevant international protocols commencing tomorrow domestically. We understand that mechanisms take time to work.

Our fear is that further disturbances, digging and disruption / corruption of these sacred sites and other irreparable harm will be permitted to occur at the hands of the Ontario Superior Court and / or other Canadian entities notwithstanding our allegations and objections.

Our detailed allegation synthesis will be published shortly in advance of tomorrow’s filing.

In the meantime, an excellent reference document is included below which provides a relevant historical and cultural background from a legal perspective.  It includes an excellent summary of the Tutelo site including past resolution protocols and points to ways forward. 3. Thohahoken.Tutelo Heights

This was the letter received yesterday by the U.N.  Special Rapporteur: Jason Bowman – RL