Dalton McGuinty government tacitly endorses cancer-causing eastern Ontario uranium mining activities

Elites collude against democratic accountability

by Robert Lovelace

Late on November 28th, the Ardoch Algonquin First Nation was advised that Ontario, Frontenac Ventures Corporation, the Algonquins of Ontario and Shabot Obaadjiwan First Nation had signed a memorandum of accommodation in regard uranium exploration in the Algonquin homeland near Ardoch, Ontario. This memorandum of accommodation was signed while a consultation between Ontario and the Ardoch Algonquin First Nation was still being developed to insure a comprehensive and fair process. The present agreement represents the colonial relationship that the Crown has had with Aboriginal people for the last century and a half in which treaties and land sales follow an extended period of intimidation, denial of responsibility, divide and conquer, and outright illegal actions. The history of this situation speaks for itself.

Frontenac Ventures Corporation staked and registered mining claims in 2006-2007. Ontario failed to notify and consult with the affected First Nations. Ardoch Algonquin First Nation was advised of the staking by private land owners. Ardoch advised Ontario of its obligation to consult when development of this kind is anticipated. Ardoch, advised Shabot Obaadjiwan of the staking and Ontario’s duty to consult. When Ontario refused to consult with Ardoch in good faith, Ardoch advised Frontenac Ventures to remove their personnel and equipment from the site and Ardoch and Shabot secured the entrance to the land.

Ardoch repeatedly asked for fair consultations which followed Supreme Court decisions to take place between Algonquins and Ontario. Frontenac Ventures Corp then sued Ardoch and Shabot leadership for 77 million dollars and obtained court injunctions which demanded the removal of Algonquin security and permitted exploration activity to proceed.

The judge who issued the injunction refused to recognise the Algonquin right to prior consultation and dismissed the Supreme Court rulings as obstructing Frontenac Ventures rights under the Ontario Mining Act. Robert Lovelace, an Ardoch spokesperson, was sentenced to six months in prison and fined $25,000 for continuing to demand fair consultations.

At sentencing, Ontario’s Lawyer called for “the harshest possible sentence” to send a clear message to other Aboriginal people who might choose to impede economic development in Ontario. Robert Lovelace was released from prison on May 28th by the Ontario Appellate Court after serving three and a half months in prison. The Ontario Appellate Court found that the injunction was ill advised, proper consultation had been denied and that Algonquin interests had been trampled on.

When Shabot Obaadjiwan began to negotiate independently in June of 2008, Ontario demanded that they bow to the failed injunction which called for continued exploration and deep core drilling. Shabot acquiesced because they feared a renewal of prosecutions and because they faced court costs of $109,000.

In addition, Frontenac Ventures continued a lawsuit of 77 million dollars against them. Ardoch refused to bend over. Ardoch’s position has been and continues to be, as the Supreme Court has determined, that consultation must be fair and equitable; it must include relevant research and real concerns, and it must not be influenced by threats, coercion or inducements to individuals.

Ardoch has consistently made this point to Ontario, “While our research leads us to believe that exploration for uranium is potentially hazardous and may lead to open pit mining which would devastate important ecosystems, disrupt cultural uses and undermine the existing economy our starting point has always been to hold Ontario and Canada to their legal responsibility to consult and accommodate.

Even though we are of the opinion that exploration and mining for uranium are not desirable we have asked for discussions that begin with the understanding that a wide variety of possible outcomes should be considered, including a resumption or abandonment of further exploration activity.”

Ontario has continued to demand that the failed injunction permitting drilling is the guiding principle of consultations and that no other outcome can be considered. Ontario’s alternative would be for Ardoch to get out of the way or go back to the barricades. Ardoch has chosen to invite Ontario to continue negotiations despite this impasse but has met with continued silence until receiving a half-hearted response a week before the notification of a “deal” with Shabot.

Uranium exploration in the Algonquin homeland near Ardoch, north of Shabot Lake has already had adverse impacts. Fragile ecosystems have now been damaged. Property values in the area have collapsed and the local tourist industry is beginning to suffer. The local community is distraught and angry that government has not listened to them or valued their interests. Although Algonquin and non-Algonquin neighbours have found common ground in protecting the land, this latest attempt at divide and conquer will result in years of distrust and enmity.

The Ardoch Algonquin First Nation will continue to oppose exploration for uranium and hold Ontario to their legal responsibility to consult and accommodate in an honest and equitable way.

Mìgwetch.

Editorial reference, LINK.

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