Provincial/Federal Duty to Consult Aboriginal Communities

jennie · September 27, 2007

I am reframing this thread to address the "Crown's Duty to Consult" in more general terms. Grassy Narrows, Tyendinaga, Six Nations, Sharbot Lake, Big Trout Lake ... all five blockades in Ontario right now are in place awaiting provincial consultation.

GRASSY NARROWS LOGGING BLOCKADE ... since 2002.

One of six blockades against industry currently in progress in Ontario.

Amnesty International Canada Urges Halt to Logging Indigenous Land

By Kate Harries

TORONTO, Ontario, Canada, September 25, 2007 (ENS) - Clearcutting vast swaths of northern boreal forest in the traditional territory of a Canadian indigenous tribe violates the rights of its members and should stop, says Amnesty International Canada.

Amnesty is calling on the Ontario government to respect a moratorium on logging declared by the people of Asubpeeschoseewagong, or Grassy Narrows, until "free, prior and informed consent" has been given.

"The Province of Ontario has long failed to uphold its responsibility to respect indigenous rights," the report states. "The province did not carry out meaningful consultation before licensing large-scale logging activities.

Clearcut at Grassy Narrows on indigenous land. (Photo courtesy Carroll Cox, Envirowatch)

Amnesty sent a mission to Grassy Narrows in April to look into the rights violations, only the second such investigation in Canada's history. While Grassy Narrows was chosen because a history of catastrophic disruptions makes the situation there particularly urgent, the report says it is not unique. Rather, "it's a powerful illustration of the great harm that can be caused by the exercise of arbitrary and unchecked state power over the lands and lives of indigenous peoples."

The report received scant media coverage, even though it was released in the middle of the current Ontario election campaign in which indigenous concerns are an issue because of several high-profile occupations and blockades. One aboriginal occupation of a proposed subdivision on disputed land has lasted 19 months.

"Aboriginal disputes are not on the wavelength of many editors unless they erupt into violence, in which case it fits their news values," John Miller, journalism professor at Ryerson University in Toronto, said in an interview.

Miller said he does not believe the attitude of news professionals reflects a majority indifference to a minority plight. "I think there is a more favorable, more curious attitude on the part of the general public than there is from the news media or politicians. It's unfortunate that the public is not going to learn about this report."

Ontario Conservative leader John Tory, who is calling for a crackdown on indigenous protests, did not respond to a request for comment.

David Ramsay, aboriginal affairs and natural resources minister with the incumbent Liberal party, defended Ontario forestry regulation as among the most sustainable in the world.

David Ramsey is Ontario Minister of Natural Resources and Aboriginal Affairs (Photo courtesy Ontario Forest Industries Association)

Grassy Narrows is the only community where there have been problems, he said, insisting, "We have good relationships, especially in the north where we have forestry."

In fact, there has been a groundswell of discontent from First Nations across the north over resource extraction without revenue sharing. ...

http://www.ens-newswire.com/ens/sep2007/2007-09-25-02.asp

"The province did not carry out meaningful consultation before licensing large-scale logging activities.

"The province did not consult meaningfully..." could be used as an introduction to ANY discussion of ANY native blockade in Ontario. It is increasingly crystal clear who is to blame for every blockade in Ontario.

And the election campaign is too quiet about it. I think even Hampton has backed off.

Edited September 30, 2007 by jennie

jennie · September 30, 2007

The Toronto Star reports that

The Federal Court of Canada has ruled that the Musqueam band "must be consulted" before the Federal government sells two multi-million dollar buildings in downtown Vancouver.

Justice Frederickk Gibson issues an interlocutory injunction that prohibits the Federal Government from " transferring, selling or otherwise disposing of the properties" pending a formal hearing on the matter. The buildings are located in an area the band claims as part of its traditional territory.

This is a groundbreaking ruling. It gives teeth to the "Duty to Consult". A government cannot sell properties to get them out of its possession in order to to avoid land claims on them.