In June, 2010, we saw how Torontonians felt being ‘protected’ by an outside police force through the Integrated Security Unit (ISU) during the G20 Summit and made subject to the control of foreign governments through the G20 countries. The Canadian government joined these foreign rulers as they told us that both were benevolent powers working on our behalf for our benefit. Well, let me present a similar situation here at home

First Nations of the North say that the land and people’s rights are under threat by Bill 191 (Far North Act). I could try and be poetic here but there is no other way to present the urgency this Ontario Liberal Bill has on governance in Ontario’s North.

Sure, this Bill protects roughly 50 per cent of Ontario’s Arctic and I am not diminishing that fact, but this is also an issue of trust and relationships between First Nations and the Ontario government. I’m posting a portion of the Act below and will bold my area of concern.

The whole Act smacks of paternalism, the consistent government message that the government knows better what’s best for First Nations communities.

Let’s start with Bill 191 itself, which sets aside roughly 50 per cent of the land for environmental protection and another 225,000 sq. km. for development.

Bill 191 (Far North Act) – Purpose: “To provide for community based land use planning in the Far North that directly involves First Nations in the planning and that supports the environmental, social and economic objectives for land use planning for the peoples of Ontario.”

Here is a portion of the text [bold by author]:  

Development Activities During Land Use Planning:

Specific developments would not proceed before a community based land use plan is in place. These include:

–The opening of a new mine in prescribed circumstances

–Commercial timber harvest

–Oil and gas exploration or production

–Constructing wind power and waterpower facilities

–Constructing electrical transmission facilities and lines, or all weather roads associated with them

–Constructing all weather roads that are not associated with electrical transmission facilities and lines

–Any other land use or activity that is prescribed

These developments may be undertaken if the Minister determines that the development is pre-dominantly for community use, or if the Lieutenant Governor in Council determines it is in the social and economic interests of Ontario and takes into account the land use planning objectives outlined in the Act.

Some forms of development may be permitted in advance of a community based land use plan. These developments would include:

–activities authorized before the day the Act comes into force

–new land uses or activities that are incidental or complementary to existing land uses or activities

–prospecting, mineral claim staking and exploration, mining leases and licences of occupation

–feasibility studies or similar assessments, including wind testing

–environmental clean up activities

The Minister could determine that other development may proceed in advance of a community based land use plan being in place, if the development contributes directly to meeting First Nation community needs and the Minister takes into account land use planning objectives, or if the development is predominantly for community use.

You can read the proposed Act in its entirety here.

Grand Chief Stan Beardy of the Nishnawbe Aski Nation (NAN), who represents 49 Northern Indian Bands, has come out strongly against McGuinty’s Far North Act saying, “First Nations must have a say in how and when our land will be developed. Bill 191 takes away that right for our remote communities in the Far North. There’s no other alternative for the McGuinty Government than to scrap this Bill and we will be ramping-up our efforts to ensure that message is loud and clear.”

The Act is an attempt by the Liberals to reconcile competing interests in the north: the environment, industry and First Nations.

Grand Chief Stan Beardy of the Nishnawbe Aski Nation (NAN) stands against the Act  because he claims it tramples over First Nations right to determination because, of many reasons, land use decisions can be made final by government veto over First Nations concerns.

“The bill violates treaties and disrespects First Nations jurisdictions,” Grand Chief Stan Beardy said. “If it is passed, there will be conflict in the north. We will oppose it by any means necessary.”

The bill contains a promise by Premier Dalton McGuinty to give permanent protection to half of the far north while setting aside 225,000 square kilometres- roughly the land area the size of Great Britain- for development. [Given the government’s track record on interventions related to development, First Nations have every reason to be worried]

First Nations leaders believe the bill also gives cabinet final say over land use. [See bolded portion of text of the Act posted above].

Natural Resources Minister Linda Jeffrey denied on Tuesday September 14, 2010, that Bill 191 overrides traditional Aboriginal treaty rights.

Jeffrey also claims the Ontario government has listened to Northern First Nations and made amendments to the Act and yet Grand Chief Stan Beardy claims they were not properly consulted and he has asked the government not to call the bill for third reading on Thursday September 16, 2010, and instead wait until the First Nations and the Ontario government resolve their differences.

Grand Chief Beardy told the Toronto Star in an interview that, “We fully support land use plans,” he said. “But it must be within our terms, within the terms and guidelines established by our elders and our communities. We will do whatever it takes … to protect what the Creator has entrusted us with.”

Grand Chief Beardy also warned that jailed native leaders, blockades around potentially lucrative mining developments and lawsuits will become the norm if the Liberals pass the Far North Act on Thursday.

In a September 4, 2010, press release, “NAN Chiefs have many fundamental concerns regarding Bill 191 including, but not limited to: NAN First Nations will be split between North and South and there will be Ontario Government control over the Land Use Planning process; provides a protected area of at least 225,000 sq. km. which is inconsistent with Treaty No. 9 and Treaty No. 5 and the long-term economic development prospects of NAN; violates the Aboriginal and Treaty rights of all NAN First Nations, including the inherent right of self-government.

Following the Second Reading of Bill 191, the Ontario Government unilaterally decided to hold public hearings in only five First Nations with little or no notice, but later cancelled these hearings as they rejected the counter-offer issued by these First Nations to hold the public hearings in the Far North at another time this summer. The Standing Committee has not visited a sing NAN community impacted by Bill 191.

NAN First Nations are not opposed to development on their homelands however they need to decide what should be protected and what should be developed as they have for thousands of years.”

*

It should be noted that the Canadian Constitution Act (Section 35) recognizes and affirms Treaty and Aboriginal Rights and the Supreme Court of Canada requires that First Nations have the right to be consulted and accommodated on matters that impact them or their lands and resources.

Now of course I am all in favour of protecting roughly half of the boreal forests on Northern land in Ontario but I also do not trust the government to keep their word, using its track record on Land Treaty claims.

Also, while I am passionate about protecting the North, I don’t think it would come with a big, government veto-holding hand shove down the throat.

Environmental groups such as the World Wildlife Federation (WWF) Canada support Ontario’s Amended Far North Act and according to its September 15, 2010, press release, states:  

“WWF is respectful of First Nations’ opposition to the Bill, and we understand their concerns to revolve around jurisdictional issues that can only be resolved by government-to-government discussions, not by a third-party conservation organization such as WWF,” said Hummel. “We hope that these issues can be resolved by those responsible in the near future. The sooner this can be done, the sooner all interested parties can work effectively together to ensure both protection and new prosperity for Ontario’s northern communities.”

Here you have the WWF proclaiming it stands by the Act because it has resolved First Nations concerns and yet you have First Nations who actually live in Ontario’s North desperately trying to stop the same Act?

Something is not right here.

1: We have the NGO platitude of respecting First Nations that still pits environmentalism and First Nations rights as two separate bodies in a death-grip conflict with one another.  

2: The actions of the WWF and the Ontario government both smack of paternalism, this continuing belief that others know what is best for First Nations communities; especially in the often isolated Canadian North. Whether stepping in to protect economic or environmental concerns, the intention is the same (and cannot be erased by a softy press release, WWF!)

Krystalline Kraus

krystalline kraus is an intrepid explorer and reporter from Toronto, Canada. A veteran activist and journalist for rabble.ca, she needs no aviator goggles, gas mask or red cape but proceeds fearlessly...