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Ardoch Algonquin First Nation
Statement on Uranium Mining
June 23, 2007
Over the past year, Frontenac Ventures Corporation has appropriated Algonquin traditional lands near Ardoch, Ontario and begun the process of filing claims through the Northern Mining and Development for a geographic area that covers approximately 60 kilometres in Northern Frontenac County. FVC disclosed in a press release on May 30, 2007 that it has at its disposal a $3.5 million dollar budget to complete this project, including the implementation of a diamond drilling program at the site. Undoubtedly, some of the funds from this expected budget will come from Silvio Ventures Inc, who entered into a binding letter agreement with FVC on May 23, 2007. At the end of the proposed merger, a new company will emerge by the name of Amalco who will lead the Frontenac project as a subsidiary of Silvio. The mineral to be mined at this proposed site is uranium.
The plan to develop this site as a uranium mine, however, was done without the authority of Ardoch Algonquin First Nation. Furthermore, we were not consulted at all with respect to this plan as is our right as an Algonquin community who still holds Aboriginal title and rights to much of the land in question. As a corporation interested in our lands, FVC, did not follow an honourable path in their actions toward us, instead they choose to follow a historical path that has led to conflicts and blockades with other Indigenous peoples across Canada. Likewise, Ontario and Canada as the children of our British relatives have failed in their Constitutional duty to protect our lands and resources, a responsibility handed down to them through the Proclamation of the King in 1763.
This duty remains a morally and legally binding duty according to the Supreme Court of Canada who ruled in 2005 in the Haida Nation and Taku River cases that “the Crown has a duty, whenever it seeks to take action that stands to affect Aboriginal interests in a substantial way. What’s more, the responsibility of the Crown with respect to its duties to Aboriginal peoples passed down in the Haida and Taku cases, was expanded further in March of 2005 in the Musqueam and Blaney cases. The judgements in these cases reveal that “the duty of government to consult and in appropriate cases to accommodate “is part of a process of fair dealing and reconciliation” with affected Aboriginal peoples where Aboriginal rights or title are in play.
The controlling question in cases such as this one is what is required on the part of the Crown (as well as its agents, and ministries) to maintain the honour of the Crown and to achieve reconciliation between the Crown and Aboriginal peoples as is required under Section 35 of the Constitution Act of 1982? Aboriginal title and rights are still in existence in the Kiji Sìbì (Ottawa Valley), including what became Northern Frontenac County. These lands were never ceded or surrendered to the Crown. As the Algonquin community holding title and rights within the lands in question, and as an Aboriginal community whose rights are embedded, recognized and guaranteed in the Section 35 of the Constitution Act of 1982, we understand that both the Province of Ontario and the federal government have Constitutional duties and obligations to protect our lands from the detrimental activities associated with uranium mining. What’s more, Frontenac Ventures Corporation should not have been granted claims or staking rights on our traditional lands without prior notification by the Ministry of Mining and Northern Development, and they should not have been allowed to purchase our lands without our consent, as we are the only autonomous authority within those lands.
As indicated in the cases presented above, the courts are prepared to determine whether or not appropriate consultation and accommodation has occurred. Indeed, they are prepared to suspend court actions, licences, and order-in-council authorizing Crown activity. As a First Nation responsible for the health and vitality of those lands, we will not allow our lands to be appropriated in this way without our participation, agreement, and consent for the activities that are proposed for that site. We therefore demand that the Ministry of Mining and Northern Development and the Province of Ontario clear up this issue and facilitate the shutting down of all mining exploration, staking, and drilling by FVC now occurring, or planning to occur on our lands. We also demand that the Ministry of Mining and Northern Development and the Province of Ontario facilitate the removal of all FVC equipment and personal belongings from our lands by June 29 2007.
This decision is based upon the fact that our Aboriginal title and rights have been violated by FVC and the Ministry of Mining and Northern Development, as well as the realization that uranium mining will destroy the ecological balance and sustainability of the Natural World and will have particular impacts on local water tables which will in turn contaminate waterways throughout the Kiji Sìbì. At the end of this process people living within Northern Frontenac County could very well be left with no other option but to purchase water (as is the case in Kitigan Zibi) as all wells will be contaminated from the tailings left behind from the mining process. Tailings can never be disposed of and will pollute the area for many unforeseen generations.
As Algonquin people, we also know that uranium mining will lead directly to our social, spiritual, and cultural demise as our collective identity as people requires a continual relationship with the land in which we interact and carry out our cultural and spiritual activities and ceremonies on a daily basis. If the land is contaminated and altered as a result of the proposed mine, the animals and beings that we depend on for our survival will also disappear, leaving us with no possibility for survival. Vacating the area is not an option for us as this land is our home and has been the home of our people for hundreds of years. As Algonquin people there is no other place that we can go and be ourselves except for this place which is our homeland. We do not have the option that FVC has to pack up and leave once their destruction of our lands is complete.
We are not the only victims who will suffer this fate, many private land owners in the vicinity of our lands have also had their lands staked as potential sites for drilling. The same fate will await them if the project is not stopped. Our concern with those lands goes deeper than just the fate of the present inhabitants; however, because we believe that although our neighbours purchased their lands in good faith, the original title for those lands was not acquired legally by the British or Canada upon Confederation. While we have no plans to recover those lands through legal action, we do hold the government responsible for their loss and intend to seek restitution in the future. Since those lands were acquired illegally, and without the consent of Algonquin people, we reserve our Aboriginal interest in those lands and do not want uranium mining to occur on those lands either. This is particularly the case since the present inhabitants of those lands have no power to stop it unless they hold the mineral rights in their deeds.
As Aboriginal people, our relationships with all of the lands in question are complicated which is why it is not possible for us to make memorandums of understanding or co-agreements with citizens or environmental groups. With respect to our lands, the issue is one of autonomy and sovereignty which requires us to pursue options outside the parameters available to citizens or environmental groups. This fact does not prevent us, however, from meeting or working in unison with citizens or environmental groups to stop the mining from taking place. It just requires an understanding by everyone involved that our responsibilities as Algonquin people require a different approach than can be utilized within such groups. That being said, there is a lot that we can do together as human beings to stop this mining from occurring.
Algonquin Alliance Statement Against Uranium Exploration and Mining
July 24, 2007
On June 28, 2007 leadership and members of Ardoch Algonquin First Nation and Shabot Obaadjiwan First Nation moved to secure the site of a proposed uranium mine in the traditional lands of the Ardoch Algonquin First Nation near Ardoch Ontario. Frontenac Ventures Corporation, under the ownership of George White had been notified by mail to vacate the premises prior to the 28th with his equipment and staff. On the 28th members of the two Algonquin communities moved in and secured the site to prevent the drilling of uranium core samples which were slated to begin the following week.Upon securing the site, the two communities established an alliance whose overall purpose was to prohibit access to the site and any proposed drilling within and around the site and all associated sites by Frontenac Ventures Corporation. The Algonquin alliance discovered through an initial search that multiple users had been granted access to the site and land surrounding the site by the MNR, Mining and Northern Development and private owners. At no time did any of these ministries or private owners contact or secure permission from Algonquin people to use the lands or resources in question. In fact, while Algonquin people in the area had heard rumours of a proposed uranium mine in Frontenac County, we were not aware of the plans to develop a mine on our traditional territory until Gloria Morrison, a private land owner in the region, attended a council meeting and asked for the Ardoch Algonquin council’s help in protecting her property. Gloria came to the meeting because 60 acres of her 100 acre holding had been staked by Frontenac Ventures under the Mining Act. She had exhausted all other alternatives at that point and hoped that Algonquin people could help her as she understood that the land she had purchased was in the historical territory of Algonquin people.
Direct ActionThe alliance has taken several direct actions in the past few weeks to draw attention to the issue including two protest marches down Highway 7 in Sharbot Lake. The next direct action will take place on July 28 in Perth. Those wishing to participate in the action should meet at the lot behind Wendys at 3pm. This particular action will take place at two spots on Highway 7. There will be pylons inserted into the middle of the road to slow it down to two lanes. We will be setting up information tolls at each end of Perth on Highway 7. Cars will be allowed to travel but at a much slower pace which will permit us to provide info on the issue and also ask for donations which are needed to sustain the resistance force at the site and to pay for legal fees. We will need volunteers to stand at each end of the highway with picket signs and eight people to work the information toll. We will maintain the information toll from 3pm-6pm. We will continue to plan such actions on Highway Seven moving next to Carleton Place and eastward……eventually reaching Ottawa if necessary.
Legal Strategy
The Algonquin alliance has secured the legal services of Chris Reid, who is an expert on Aboriginal rights and law. Chris is working from the legal standpoint that Algonquin people never surrendered our lands and thus our autonomy and jurisdiction remain intact in the areas in which Frontenac Ventures Corporation has staked and plans to drill core samples. The details of that strategy need to remain confidential, but we will keep you updated on the progress made.
Response from Frontenac Ventures Corporation
Frontenac Ventures Corporation has responded to our protest in a variety of ways, including issuing a statement in the Globe and Mail wherein Frontenac’s CEO George White suggested that perhaps companies in Canada should utilize paramilitary forces such as those used in Africa (if you have seen Blood Diamond you will get the idea) to protect mining interests from people such as ourselves, which he equated with terrorism. In a meeting held last week, White’s lawyer said several nasty things about our Mohawk allies and asked point blank if there were Mohawk warriors on the premises. White also promised swift legal action against us at that meeting and has followed through with that threat as we have been told that he has filed a 77 million dollar law suit against the two Algonquin communities here and their associated leaders. While a security force showed up at several points today trying to serve the notice, no one accepted it and they will now deliver it to our legal team which is being led by Chris Reid out of Toronto.
Fundraising
Given the length of time we will need to maintain the occupation of our lands and the nature of the legal issues, we will need to implement and maintain various fundraising initiatives and activities over the next few months. Frank Morrison, who alerted us to the activities of Frontenac Ventures Corporation, is in the process of organizing a major benefit concert to take place in Carleton Place which will help in that regard, as will the one that is scheduled for Weds in Sharbot Lake. If you are not able to come and stand with us on the ground here please get involved in organizing fundraising activities to support our efforts here and what will be undoubtedly a lengthy and costly legal battle. All funds raised can be dropped off at the gate or mailed to 1045 Canoe Lane Ardoch, ON. Please specify that mailed funds go to fight uranium mining and the efforts of the Algonquin people occupying the site. If you are not able to get involved in the organization of fundraising activities, please consider dropping off or sending in your donation to support this important issue. Uranium exploration and mining will destroy our traditional territory and make it impossible to live off the land or to maintain our responsibilities to the land and waterways. We are doing this for the benefit of your children and grandchildren, so that they will have a future as Algonquin people.
CHI-MIIGWECH!
The Algonquin Alliance of Ardoch Algonquin First Nation & Shabot Obaadjiwan First Nation