Wednesday, September 28, 2011
Monday, August 22, 2011
Barriere Lake Legal Defense Fund
PLEASE CIRCULATE WIDELY.
The Algonquins of Barriere Lake have been forced into a costly legal battle with Canada to protect their land rights.
They cannot succeed without your support.
The community has been fighting for years to ensure Canada and Quebec honour the Trilateral Agreement, a landmark resource co-management agreement signed in 1991.
The governments are determined to quash the agreement and are now trying to seize sensitive community documents supporting the fight for the Trilateral Agreement. These documents include research on traditional land use & occupancy, wildlife habitat studies, and land claims research.
Barriere Lake is being forced to take costly legal action to protect themselves against the actions of the Canadian government, and its proxy, an illegitimate band council that doesn’t represent the community. The band council was put in place last summer by INAC with only a dozen nominations; most community members boycotted the process, defending their customary government system.
Monthly legal costs that the Algonquins of Barriere Lake must incur will rise into the tens of thousands of dollars by the end of the year, amounting to approximately $30,000 by December 2011. The community’s next legal bill – due at the end of August – will total over $6,000 alone.
If the community loses their case to keep possession of the Trilateral documents, they will launch a constitutional challenge against Canada and the imposition of SECTION 74 of the INDIAN ACT. Section 74 allows the Minister of Indian Affairs to impose band council elections on a customary government, which is a violation of Aboriginal and Treaty Rights, protected in Section 35 of the Constitution. This legal challenge will cost more than $100,000 dollars over time.
To read about the 3 MAJOR CONSEQUENCES to this legal case, please see our website: http://www.barrierelakesolidarity.org/2011/08/barriere-lake-legal-defense-fund.html
Everything counts. Please give what you can. To Donate online, please click one of the buttons below:
Cheques can be mailed to:
OPIRG-GRIPO Ottawa
631 King Edward Ave. (3rd floor / 3ieme étage)
Ottawa, ON K1N 7N8
** Please make checks out to “Indigenous Peoples Solidarity Movement Ottawa” with “Barriere Lake Legal Defense Fund” in the memo line **
For more information on Section 74 or to find out how you can reach the community directly for support, please contact us. For a good background video on Section 74 and the Barriere Lake struggle, please see this short 3-minute film: http://vimeo.com/23103527
Wednesday, August 10, 2011
BARRIERE LAKE LEGAL DEFENSE FUND : The Challenge to Section 74
The Algonquins of Barriere Lake are mounting a constitutional challenge against Canada for the imposition of “Section 74” of the Indian Act onto their community. This arcane section of the Indian Act gives the Minister of Indian Affairs the arbitrary authority to abolish the customary government of an Indian band and impose band council elections.
Up until August 2010, when Section 74 was imposed, the Algonquins of Barriere Lake governed themselves by their ancestral constitution, the Mitchikanibikok Anishnabe Onakinakewin – a customary code that connects them to the land, to the animals, to each other, and to everything that grows. They have been using this code of governance since time immemorial.
Indian Affairs claims this drastic measure of imposing the band council election system was taken in attempt to “restore order” to the community, which had been undergoing internal conflicts exacerbated by government interference. But the community was in the process of a serious reconciliation process when the government intervened last August.
There are 3 major consequences to this legal case that we want to bring to the public’s attention:
1. In 1991, the Algonquins of Barriere Lake fought for and won a co-management agreement that would give them a decisive say over 10,000 sq km of their traditional territory. This “Trilateral Agreement” was signed with Canada and Quebec, but both levels of government have failed to honour their agreements. In Canada, the only way for Indigenous peoples to settle land claims is by agreeing to give up 95 percent of their lands and to extinguish their rights and title to these lands. This is called the Comprehensive Land Claims (CLC) process, and it is vigorously contested by First Nations across Canada. Barriere Lake’s Trilateral Agreement offers a viable and path-breaking alternative to surrender and secession that respects the right of Indigenous peoples to manage their lands. The government does not want bands to pursue alternatives to the CLC and they are trying to make an example of Barriere Lake for any other communities contemplating action or agreements outside of the federal policy.
2. There are only a handful of Indian bands left in Canada who have maintained an unbroken line to their customary governance system and who have never been governed under the Indian Act band council provisions. Until August 2010, Barriere Lake was among those communities. If the Minister’s legislative authority to impose band council elections on customary governments is not legally opposed and the decision is not reversed, all customary governments across Canada must be considered to be endangered. The destruction of customary governments is an abrogation of Aboriginal rights as protected in Section 35 of the Constitution and that right must be defended.
3. There are strong links between Barriere Lake’s customary government and the fact that Algonquin is the first language spoken in the community; that the community maintains a strong hunting, fishing, trapping, and harvesting way of life; and that the traditional distribution of families territories and traplines remains intact. Barriere Lake’s jurisdiction over their lands is governed by their Mitchikanibikok Anishnabe Onakinakewin. The government is attempting to sever the Algonquins’ connection to the land by obliterating their traditional governance codes. The amount of traditional ecological knowledge that the Algonquins of Barriere Lake carry in their language, laws, and ways of life are now at risk and therefore pose a risk to all Algonquin and non-Algonquin communities affected by the extensive waterways and land base of their territory. Once this encyclopedic knowledge is lost, it can never be regained.
Please commit whatever you can to keeping this struggle alive. Barriere Lake’s customary government receives no monies from the government and have fought courageously and tenaciously for over 20 years to protect their vision of environmentally sustainable development on their lands.
Legal expenses are expected to rise into the tens of thousands of dollars this year.
Up until August 2010, when Section 74 was imposed, the Algonquins of Barriere Lake governed themselves by their ancestral constitution, the Mitchikanibikok Anishnabe Onakinakewin – a customary code that connects them to the land, to the animals, to each other, and to everything that grows. They have been using this code of governance since time immemorial.
Indian Affairs claims this drastic measure of imposing the band council election system was taken in attempt to “restore order” to the community, which had been undergoing internal conflicts exacerbated by government interference. But the community was in the process of a serious reconciliation process when the government intervened last August.
There are 3 major consequences to this legal case that we want to bring to the public’s attention:
1. In 1991, the Algonquins of Barriere Lake fought for and won a co-management agreement that would give them a decisive say over 10,000 sq km of their traditional territory. This “Trilateral Agreement” was signed with Canada and Quebec, but both levels of government have failed to honour their agreements. In Canada, the only way for Indigenous peoples to settle land claims is by agreeing to give up 95 percent of their lands and to extinguish their rights and title to these lands. This is called the Comprehensive Land Claims (CLC) process, and it is vigorously contested by First Nations across Canada. Barriere Lake’s Trilateral Agreement offers a viable and path-breaking alternative to surrender and secession that respects the right of Indigenous peoples to manage their lands. The government does not want bands to pursue alternatives to the CLC and they are trying to make an example of Barriere Lake for any other communities contemplating action or agreements outside of the federal policy.
2. There are only a handful of Indian bands left in Canada who have maintained an unbroken line to their customary governance system and who have never been governed under the Indian Act band council provisions. Until August 2010, Barriere Lake was among those communities. If the Minister’s legislative authority to impose band council elections on customary governments is not legally opposed and the decision is not reversed, all customary governments across Canada must be considered to be endangered. The destruction of customary governments is an abrogation of Aboriginal rights as protected in Section 35 of the Constitution and that right must be defended.
3. There are strong links between Barriere Lake’s customary government and the fact that Algonquin is the first language spoken in the community; that the community maintains a strong hunting, fishing, trapping, and harvesting way of life; and that the traditional distribution of families territories and traplines remains intact. Barriere Lake’s jurisdiction over their lands is governed by their Mitchikanibikok Anishnabe Onakinakewin. The government is attempting to sever the Algonquins’ connection to the land by obliterating their traditional governance codes. The amount of traditional ecological knowledge that the Algonquins of Barriere Lake carry in their language, laws, and ways of life are now at risk and therefore pose a risk to all Algonquin and non-Algonquin communities affected by the extensive waterways and land base of their territory. Once this encyclopedic knowledge is lost, it can never be regained.
Please commit whatever you can to keeping this struggle alive. Barriere Lake’s customary government receives no monies from the government and have fought courageously and tenaciously for over 20 years to protect their vision of environmentally sustainable development on their lands.
Legal expenses are expected to rise into the tens of thousands of dollars this year.
FOR RECURRING DONATIONS USING PAYPAL:
FOR ONE TIME DONATIONS USING PAY PAL:
Checks can be mailed to:
OPIRG-GRIPO Ottawa,
631 King Edward Ave. (3rd floor / 3ieme étage),
Ottawa, ON, K1N 7N8.
Please make checks out to “Indigenous Peoples Solidarity Movement Ottawa” with “Barriere Lake Legal Defense Fund” in the memo line.
Please contact us for information on direct deposit: ipsmo@riseup.net or barrierelakesolidaritytoronto@gmail.com.
For more information on Section 74 or to find out how you can reach the community directly for support, please contact us.
For a good background video on Section 74 and the Barriere Lake struggle, please see this short 3-minute film: http://vimeo.com/23103527
OPIRG-GRIPO Ottawa,
631 King Edward Ave. (3rd floor / 3ieme étage),
Ottawa, ON, K1N 7N8.
Please make checks out to “Indigenous Peoples Solidarity Movement Ottawa” with “Barriere Lake Legal Defense Fund” in the memo line.
Please contact us for information on direct deposit: ipsmo@riseup.net or barrierelakesolidaritytoronto@gmail.com.
For more information on Section 74 or to find out how you can reach the community directly for support, please contact us.
For a good background video on Section 74 and the Barriere Lake struggle, please see this short 3-minute film: http://vimeo.com/23103527
Friday, July 22, 2011
Barriere Lake celebrate's mining company's retreat!
FOR IMMEDIATE RELEASE
Friday, July 22, 2011
Barriere Lake Algonquins celebrate mining company’s decision to suspend exploration in their territory: Charest’s turn to act, community says
Kitiganik, Rapid Lake, Algonquin Territory / – The Algonquin First Nation of Barriere Lake is celebrating the recent decision of Cartier Resources Inc. to suspend the Rivière Doré copper mining project in their traditional territory in north-western Quebec, after the community expressed their overwhelming opposition to exploration activities and a potential mine these activities could lead to.
“The community applauds Cartier Resources for respecting our wishes that no mining exploration and drilling proceed. The company is setting an important precedent by not moving ahead without the free, prior and informed consent of the community, a right recognized by the United Nations Declaration on the Rights of Indigenous Peoples,” said Norman Matchewan, a community spokesperson for Barriere Lake.
President and CEO of Cartier Resources Philippe Cloutier stated in a release that the suspension shows the company’s “respect for stakeholders in this area.” [1] Cartier's Rivière Doré exploration project is within an area already covered by an agreement signed between Quebec and Canada and the First Nation in 1991. This Trilateral Agreement – a sustainable development plan for 10,000 square kilometres of Barriere Lake’s traditional territory – has been praised by the United Nations, but both Quebec and Canada have refused to implement it.
Mining exploration was halted in March, when contract workers complied with requests by community members to leave the exploration site. In May, Barriere Lake’s Elders Council issued a letter to the Quebec Minister of Natural Resources and Wildlife and the CEO of Cartier Resources pledging that the community would peacefully block any resource extraction like mining on their traditional territory until the Trilateral Agreement is implemented. Community members then travelled to Montreal to speak at the company's annual general meeting, where they reiterated their opposition to the mine. In June, community members camped out on the exploration site to stop test drilling from proceeding. On the company's request Quebec has now suspended the term of Cartier Resource's 1,052 mineral claims in the territory until July 3rd 2013. No exploration activity can take place on the claims during this time.
“We call on the Quebec government to follow Cartier Resources’ lead by withdrawing any mineral claims in the entire area of the Trilateral Agreement until they have implemented the Trilateral Agreement. If Premier Jean Charest is committed to sustainable development and a just relationship with First Nations, this should be his natural next step,” said Matchewan.
"Cartier Resources is to be congratulated on its decision to respect the right of the Algonquin to consent to activities in their territory," added Ramsey Hart of MiningWatch Canada. "This, however, was a voluntary decision by the company that points out Quebec's failure to work with the Algonquin and other First Nations such as the Innu and Mohawk to develop a protocol for consultation and consent of mining activities in their territories.”
- 30 -
Media contacts:
Norman Matchewan, community spokesperson: 819-215-0741
Michel Thusky, community spokesperson: 819-435-2171
Ramsey Hart, Canada Program Coordinator, MiningWatch Canada: 613-569-3439
[1] http://www.ressourcescartier.com/en/Communique.aspx?ResourceId=606527df-2180-495e-a23f-f8f5f9e32f65
Friday, July 22, 2011
Barriere Lake Algonquins celebrate mining company’s decision to suspend exploration in their territory: Charest’s turn to act, community says
Kitiganik, Rapid Lake, Algonquin Territory / – The Algonquin First Nation of Barriere Lake is celebrating the recent decision of Cartier Resources Inc. to suspend the Rivière Doré copper mining project in their traditional territory in north-western Quebec, after the community expressed their overwhelming opposition to exploration activities and a potential mine these activities could lead to.
“The community applauds Cartier Resources for respecting our wishes that no mining exploration and drilling proceed. The company is setting an important precedent by not moving ahead without the free, prior and informed consent of the community, a right recognized by the United Nations Declaration on the Rights of Indigenous Peoples,” said Norman Matchewan, a community spokesperson for Barriere Lake.
President and CEO of Cartier Resources Philippe Cloutier stated in a release that the suspension shows the company’s “respect for stakeholders in this area.” [1] Cartier's Rivière Doré exploration project is within an area already covered by an agreement signed between Quebec and Canada and the First Nation in 1991. This Trilateral Agreement – a sustainable development plan for 10,000 square kilometres of Barriere Lake’s traditional territory – has been praised by the United Nations, but both Quebec and Canada have refused to implement it.
Mining exploration was halted in March, when contract workers complied with requests by community members to leave the exploration site. In May, Barriere Lake’s Elders Council issued a letter to the Quebec Minister of Natural Resources and Wildlife and the CEO of Cartier Resources pledging that the community would peacefully block any resource extraction like mining on their traditional territory until the Trilateral Agreement is implemented. Community members then travelled to Montreal to speak at the company's annual general meeting, where they reiterated their opposition to the mine. In June, community members camped out on the exploration site to stop test drilling from proceeding. On the company's request Quebec has now suspended the term of Cartier Resource's 1,052 mineral claims in the territory until July 3rd 2013. No exploration activity can take place on the claims during this time.
“We call on the Quebec government to follow Cartier Resources’ lead by withdrawing any mineral claims in the entire area of the Trilateral Agreement until they have implemented the Trilateral Agreement. If Premier Jean Charest is committed to sustainable development and a just relationship with First Nations, this should be his natural next step,” said Matchewan.
"Cartier Resources is to be congratulated on its decision to respect the right of the Algonquin to consent to activities in their territory," added Ramsey Hart of MiningWatch Canada. "This, however, was a voluntary decision by the company that points out Quebec's failure to work with the Algonquin and other First Nations such as the Innu and Mohawk to develop a protocol for consultation and consent of mining activities in their territories.”
- 30 -
Media contacts:
Norman Matchewan, community spokesperson: 819-215-0741
Michel Thusky, community spokesperson: 819-435-2171
Ramsey Hart, Canada Program Coordinator, MiningWatch Canada: 613-569-3439
[1] http://www.ressourcescartier.com/en/Communique.aspx?ResourceId=606527df-2180-495e-a23f-f8f5f9e32f65
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