Archive | November 2013

HIGH-RISK? Financing Canada’s largest solar power project on Mohawk (Grand River) lands under claim without free, prior & informed consent of principle Chief – Mohawk Wolf Clan – in face of stated objections to all relevant parties – which remain ignored

Dear Barry Critchley (and to Whom Else It May Concern):

I work in support of Ohrerekó:wa, the principle Chief of the Mohawk Wolf Clan of Tkanatáhere (Grand River).  I am surprised to learn about the magnitude of what appears to me to be “high risk” financing in respect of the Samsung venture you reported upon on October 22nd.
[
http://business.financialpost.com/2013/10/22/financing-canadas-largest-solar-power-project/].  

My best guess is that not all relevant parties have been fully informed – and in fact may have been misled.  It appears clear to me that at the very least, the public is only being told part of the truth, and accordingly, I would like to provide you with some additional background, context and facts in order that a clearer picture of this fiasco may be reported upon, and appropriately dealt with – bearing all facts in mind. I note that investors and stakeholders who may well be unaware of the totality of relevant circumstances ought to somehow enlightened.

It also appears to me that neither Samsung entities and affiliates, the county of Haldimand, province of Ontario, nor indeed the federal government is saying much about the fact that without the free, prior and informed consent – of ALL relevant parties (such as Ohrerekó:wa who represents the Mohawk Wolf Clan), this venture, which is proposed to take place upon claimed Mohawk lands (See: ​Haldimand’s proclamation of 1784), may well be deemed to be unlawful given that the actions of the parties involved appear inconsistent with the United Nations Declaration on the Rights of Indigenous Peoples. I can advise that Ohrerekó:wa remains committed and poised to seeing that his objections are addressed and that his people’s land be protected from further unauthorized plunder and exploitation. I can further advise that Ohrerekó:wa January 2013 appeal to the Queen (which was acknowledged by Buckingham palace on February 13th, 2013), remains outstanding, and is in the process of being address by the Governor General of Canada, the Premier of Ontario, and relevant Ministers of indigenous affairs at both the federal and provincial levels. (NOTE: Ohrerekó:wa has been acknowledged by the Crown as the principle chief of the Mohawk Wolf Clan since his appointment in 1972, as evidenced by the attached Confirmation Notice dated November 27, 1972, and as recently as May 13, 2013 in written correspondence issued by the Imperial Crown).

It is our position that the “Six Nations’ Elected Band Council” (including the chief councilor, Bill Montour, who with a mere 332 of nearly 21,000 eligible votes, was just ousted in Saturday’s election) can not in any way be seen to represent the people who have a bona fide claim to the lands in question by birthright. 

In fact, only 5% of the eligible ‘voters’ even took part in last week’s sham elections of Indian Act band councilors, presumably because voting in Canada’s band council system is illegal under the Rotinonshonni ónhwe’s (Mohawk) constitution of the League of Great Peace.  I contend that 95% of the eligible voting population is not represented by those who appear to have agreed to – and also appear to expect to profit from – this venture, namely the de facto elected band council which was imposed by force by the government of Canada in 1924 and clearly remains boycotted as a sham to this day.

The law of these lands states that those who submit to foreign laws / jurisdiction such as the “Indian Act” forfeit all birthrights and claims under the Great Law.  According to the Rotinonshonni ónhwe:

If, at any time, anyone of the chiefs of the League choose to submit to the law of a foreign people, he is no longer in but out of the League and persons of this class shall be called, “They have alienated themselves” (Tehonatonkoton). Likewise, such persons who submit to laws of foreign nations shall forfeit all birthrights and claims of the League of Five Nations and territory. [Kayaneren`tshera ko:wa, Wampum of the 58th part].

Both Samsung, and the elected band council, as well as the Mayor of Haldimand County, Ken Hewitt, have each been repeatedly warned by the Mohawks about pursuing this venture without complying with the law (see attached 2013 June 26 Letter to Korean Embassy RE Samsung-Six Nations Alert), in the face of Ohrerekó:wa objections. These issues have been raised by Ohrerekó:wa’s office to his ally, Queen Elizabeth II, the Special Rapporteur on the Rights of Indigenous Peoples, James Anaya (see: 2013 May 11 Letter to Jason Bowman from Special Rapportuer RE May 20 Meeting in NY to Discuss Complaint2013 May 20 Letter RE Meeting with James Anaya – Special Rapporteur on the rights of indigenous peoples, and 2013 May 20 – UNDRIP chart with links – Articles 1-10), as well as opposition members of parliament and foreign diplomats alike. I find it both startling, and hard to believe, that notwithstanding these well-founded and publicly-stated objections – and moreover, in lieu of free, prior and informed consent of the affected peoples – that any party would consider financing such an evidently risky and oppressive venture, given the myriad of substantial liability issues which can arise and ensue.

I have attached some background reference materials for your information, and am happy to forward further details upon request – or to facilitate interviews as requested.

Sincerely, 

Jason Bowman (Special Assistant to the Ka-nyen-geh-ha-kah of Grand River and Office of Ohrerekó:wa, Principle Chief – Mohawk Wolf Clan)  

Copies to: Mayor of Haldimand County Ken Hewitt, Ambassador to Canada for the Republic of Korea Cho Hee-yong, Six Nations Chief Elected Councilor William K. Montour, Samsung Electronics Co. CEO Dr. Oh-Hyun Kwon, Samsung CSLT CEO Sin Kim, CC&L President & CEO Matt O’Brien, Counsel for RBC Emily Jelich, Manager of government and public relations for Samsung Renewable Energy Timothy Smitheman, Media Relations for Pattern Energy Matt Dallas, Minister of Energy for Ontario Bob Chiarelli, MPP, Minister of Aboriginal Affairs for Ontario David Zimmer, MPP, Investor Relations – Pattern Energy Group Inc. Ross Marshall, Complaints – Ontario Securities Exchange

CC: Jim Windle (Two Row Times), Josh Blakeney (PressTV), David Langer (Two Row Times), Dr. James Anaya (Special Rapporteur on the Rights of Indigenous Peoples – United Nations Office of the High Commissioner for Human Rights), Geoffrey West (CVN), Terrance Nelson (Vice-chair – American Indian Movement), Jean Crowder, MP (Official Opposition Critic for Aboriginal Affairs), Dr. Anthony Hall (Professor of Globalization Studies, University of Lethbridge and author of Earth into Property), Dr. Carolyn Bennett, Aboriginal Affairs Critic & Chair of Women’s Caucus – Liberal Party of Canada), Kirk Falconer (Thomson Reuters) 

[See more at: http://ontario-wind-resistance.org/2012/06/16/approved-samsung-grand-renewable-148-6mw-project/Samsung-cheque-presentation_web

“The partners involved are Haldimand County, Samsung Renewable Energy Inc., Pattern Energy Group LP and the Six Nations of the Grand River. Siemens Canada turbine blade facility in Tilsonburg is manufacturing blades for the project, and CS Wind’s facility in Windsor is using Ontario-made steel to manufacture the turbine towers.”

United Nations Declaration on the Rights of Indigenous Peoples

Article 26
1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.

2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.

3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.

Article 27
States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process.

Article 37
1. Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements.

2. Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of indigenous peoples contained in treaties, agreements and other constructive arrangements.

What is free, prior and informed consent?

To hear more programs and download them as mp3s, click here. 

According to the UN Declaration on the Rights of Indigenous Peoples, Indigenous communities have the right to give their Free, Prior and Informed Consent  (FPIC) to proposed projects that may affect their lands, resources, livelihoods, and communities. This means that Indigenous communities have the right to decide whether they want companies or governments to mine, deforest, or in other ways develop their lands, and they have the right to make informed decisions through culturally relevant processes.

The element of “free” implies no coercion, intimidation or manipulation; “prior” implies that consent is obtained in advance of the activity associated with the decision being made, and includes the time necessary to allow indigenous peoples to undertake their own decision-making processes; “informed” implies that indigenous peoples have been provided all information relating to the activity and that that information is objective, accurate and presented in a manner and form understandable to indigenous peoples; “consent” implies that indigenous peoples have agreed to the activity that is the subject of the relevant decision, which may also be subject to conditions.”

Siemens Canada:
Corporate Lobby Team

12-Month In-house corporate Lobbying Summary for Siemens Canada Limited Robert Hardt, President and Chief Executive Officer (Involved in above-referenced scheme)

What is being lobbied?

Aboriginal Affairs
Defence
Energy
Environment
Government Procurement
Health
Industry
Infrastructure
International Trade
Mining
Regional Development
Research and Development
Science and Technology
Telecommunications
Transportation

Subject Matter Details / Policies or Program

Discuss Canadian Manufacturers & Exporters’ trade policy priorities.

Discuss with government officials regarding Western Economic

Diversification Canada’s role in Industrial and Regional Benefits (IRBs) for shipbuilding and resource development including pipelines.

Discussion with government officials regarding public policy options relating to the application of information technology to improve efficiencies of energy systems, fire safety and security systems.

Discussions with Goverment officials regarding Scientific Research and Experimental Development (SR&ED) program and suggestions relating to development of a manufacturing and exporting strategy for Canada.

Discussions with government officials regarding clean water programs, both generally and in relation to aboriginal communities specifically including clean water strategies, initiatives, policies and programs.

Discussions with government officials regarding new policies or programs to increase government spending for transportation/transit.

Health infrastructure – Discuss with Canada national health infrastructure program with relation to modernization, e-health, and patient records.

Manufacturing and exporting action plan for Canada

Discussions with government officials with respect to health care equipment standards

Who is being lobbied?
Government Institutions

Aboriginal Affairs and Northern Development Canada (AANDC)
Atlantic Canada Opportunities Agency (ACOA)
Canada Revenue Agency (CRA)
Canadian Transportation Agency (CTA)
Correctional Service of Canada (CSC)
Employment and Social Development Canada (ESDC)
Environment Canada (EC)
Federal Economic Development Agency for Southern Ontario (FedDev)
Federal Office of Regional Development – Quebec (FORD[Q])
Finance Canada (FIN)
Fisheries and Oceans Canada (DFO)
Foreign Affairs, Trade and Development Canada (DFATD)
Health Canada (HC)
House of Commons
Industry Canada (IC)
Members of the House of Commons
National Defence (DND)
Prime Minister’s Office (PMO)
Public Safety and Emergency Preparedness Canada (PSEPC)
Public Works and Government Services Canada (PWGSC)
Royal Canadian Mounted Police (RCMP)
Transport Canada (TC)
Treasury Board Of Canada Secretariat (TBS)
Western Economic Diversification Canada (WD)

Who are the lobbyists? 

Robert Hardt, President and Chief Executive Officer
Rob Aiello, Regional Manager
Jose Froylan Aparicio, Branch Operation Manager
Richard Brait, Secretary and General Counsel
Carol Buckton, Senior Director, Trade Logistics
Ken Isnor, Project Manager
Robert Keen, General Manager
Donna Mercer, Vice President, Divisional Controller IA/DT
Jacques Milette, Sales Manager, Eastern Canada
Joris Myny, Vice President, Industry Automation and Drives
James Graziadei, Sr. VP Healthcare Sector
Michael Gross, Senior Vice President, Industry Sector Controller
Daniel Groulx, Regional Manager

Richard Hansen, Manager, Aboriginal Affairs
Public offices held: 

National Director Advocacy and Partnerships Directorate
Indian and Northern Affairs Canada, Socio- Economic Policy and Programs Sector, Economic Development Branch
March 2003 to 2007
National Director Aboriginal Workforce Participation Initiative
Directorate, Indian and Northern Affairs Canada, Socio- Economic Policy and Programs Sector, Economic Development Branch
March 2001 to February 2003
National Career Councellor
Indian and Northern Affairs Canada, Corporate Services Sector,, Human Resources Branch,Leadership and Developement Directorate
January 2000 to February 2001

Rocco Delvecchio, Vice President, Government Affairs
Public offices held: 

Consul General in Detroit (United States of America)
Department of Foreign Affairs and International Trade, Consulate
August 2002 to February 2006
Executive Director of Investment Partnerships Canada
Industry Canada and the Department of Foreign Affairs and International Trade, Investment Partnerships Canada
1996 to 2002
Director General and Manager, Forest Industries and Building Products, and Functional Adviser for Trade
Industry Canada, Forest Industries and Building Products
1995 to 1996