LAND RIGHTS NOT MINING RIGHTS FREE ROBERT LOVELACE AND THE KI 6

Submitted by Jeff P. on April 3, 2008 - 4:18am.

tags:

Start: Apr 9 2008 - 6:00pm

End: Apr 9 2008 - 9:00pm

Location:

Ryerson Student's Union, 55 Gould St (between Victoria and Church) - Toronto

LAND RIGHTS NOT MINING RIGHTS
FREE ROBERT LOVELACE AND THE KI 6

DATE: Wednesday April 9th, 6 pm
PLACE: Ryerson Student's Union, 55 Gould St (between Victoria and Church)
INFO: www.ryerson.ca/socialjustice

Featuring: Ovide Mercredi, former National Chief of the Assembly
of First Nations, and members of the KI and Ardoch First Nations.

In
a travesty of justice and a grave assault on Aboriginal rights, seven
Aboriginal leaders are in jail today for upholding indigenous and
Canadian law. In March, Robert Lovelace from Ardoch and Chief Donny
Morris of the Kitchenuhmaykoosib Inninuwug (KI) community, four
councillors and one community member were jailed for six months for
contempt of court. In two separate cases, they refused mining
exploration on their traditional lands without their permission.
Additionally, Robert Lovelace and his community have been hit with huge
fines.

These Aboriginal leaders were not only protecting indigenous laws,
they were also protecting the Canadian constitution as interpreted by
the Supreme Court of Canada, which says that governments must consult
with Aboriginal Nations before licensing mining exploration on their
lands.

The KI Six arguments that the Ontario government has a
constitutional responsibility to consult with them before issuing a
mining permit in their traditional territories were rejected by the
court. The judge in the Ardoch case threw out Robert Lovelace's
testimony that he was defending Algonquin Law and responsibilities with
respect to human activity in their territory.

"I'm prepared to go to jail for my belief in the land," said KI
Chief Donny Morris. "This is a land issue based on our sovereignty and
I'm prepared to give myself up if the court decides I've disrespected
the November ruling to allow Platinex on our land..."

They should not have to go to jail! Premier Dalton McGuinty should
withdraw the licenses issued to these mining companies and free Robert
Lovelace and the KI 6. The jailing of these leaders is causing
terrible suffering and fear in their communities. KI is a remote
northern community that has just lost the majority of its leadership
and the Ardoch community is facing fines of $50,000. These leaders are
also in jail because their communities are poor and cannot afford fines.

"The message delivered through this court decision is one of
domination and oppression," said Chief Paula Sherman of the Ardoch
decision.

Support the right of a community to say NO to mineral
exploration and mining projects that threaten the health of people and
ecosystems. Replace the antiquated 'free entry' system of mining and
exploration with a process that grants exploration permits only after
consultation with affected First Nations communities, and consideration
of competing land uses and values.

Join us to show support for the Ardoch and KI communities, to
protest these harsh court decisions, and to demand action from Premier
Dalton McGuinty.

Co sponsors include:

Kitchenuhmaykoosib Inninuwug (KI) First Nation
Ardoch Algonquin First Nation
CAW Sam Gindin Chair in Social Justice and Democracy, Ryerson University
Ryerson Students' Union
Mamow Sha-way-gi-kay-win North-South Partnership for Children
Ryerson Aboriginal Students Services
Christian Peacemaker Teams Canda
CPAWS Wildlands League
Indigenous Environmental Network
Mining Watch Canada
OCAP
Laguna Acoma Coalition for a Safe Environment

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HOW TO WRITE LETTERS TO IMPRISONED INDIGENOUS LEADERS

Submitted by Jeff P. on April 9, 2008 - 7:22am.

Message from Susan DesLile, AAFN Fundraising Co-ordinator (Kingston):

These are the 6 members of the Kitchenuhmaykoosib Inninuwug First Nation (KIFN) who have just begun
serving 6 months in jail for contempt for their role in opposing mining in their territory. Their
willingness to go the prison for their beliefs are in solidarity with Bob Lovelace of the
Ardoch Algonquin First Nation (AAFN) who has similarly gone to jail for 6 months in contempt for
his role in blocking access to a potential Uranium mining site in the Ardoch Algonquin unceded
traditional territory.

Here are the names and addresses where you can send letters of solidarity and encouragement:

Men:
Chief Donny Morris,
Deputy Chief Jack McKay,
Councillor Samuel McKay
Councillor Darryl Sainnawap
Bruce Sakakeep

C/O Thunder Bay Correctional Centre
Highway 61 South
PO Box 1900
Thunder Bay ON P7C 4Y4

Woman:
Head Councillor Cecilia Begg,

C/O Kenora Jail
1430 River St.
Kenora, ON P9N 1K5

Bob Lovelace
C/O Central East Correctional Centre
541 Hwy 36
Lindsay, ON K9V 4S6

OCAP Statement in Support of Kitchenuhmaykoosib Inninuwug (KI)

Submitted by Jeff P. on April 9, 2008 - 7:14am.

OCAP Statement in Support of
Kitchenuhmaykoosib Inninuwug (KI) and
Ardoch Algonquin First Nations:

Stop the Criminalization of Indigenous Resistance:

Free All Indigenous Political Prisoners:

Stop the Theft and Plunder of Stolen Land

The Ontario Coalition Against Poverty stands in full support of and
in solidarity with the jailed indigenous leaders who have been
imprisoned for fighting to protect their lands, and we call for the
immediate reversal of the politically motivated sentences recently
imposed on the six members of
the Kitchenuhmaykoosib Inninuwug (KI) First Nation, as well as Bob
Lovelace, co-chief of Ardoch Algonquin First Nation. OCAP decries the
unacceptable fact that, over the past month, the colonial courts of
this province have convicted and imprisoned seven First Nations people
for trying to protect their lands.

In mid-March, six members of the Kitchenuhmaykoosib Inninuwug (KI)
First Nation were sentenced to six months in jail, for refusing to
comply with an injunction allowing Platinex, an exploration company, to
start drilling on traditional indigenous territory. In 1929, KI First
Nation leaders signed Treaty 9, to protect their ability to hunt, fish
and trap, and to prevent the encroachment of early miners and loggers.
In the winter of 2005-06, Platinex, a mining-exploration company, tried
to drill on land for which it had staked a claim pursuant to Ontario's
mining laws but which is also subject to Treaty 9. KI First Nation
members prevented the drilling from proceeding. The company sued for
damages and sought an injunction to prevent further protests. The end
result of KIFN asserting their treaty rights is that their leadership
has been jailed and a $10 billion lawsuit has been laid against the
community.

Similarly, Ardoch Algonquin First Nation Co-Chief Robert Lovelace
has now served over a month of his 6-month prison sentence for his role
in AAFN's efforts to resist claims staked by Frontenac Ventures
Corporation to mine uranium on unceded traditional territories of the
Ardoch Algonquin and Shabot Obaadjiwan First Nations. Neither the
company nor the governments consulted with the Algonquins, despite the
fact that the staked land is part of a Comprehensive Land Claim that is
under ongoing negotiation with Ontario and Canada. Bob Lovelace was
also fined $25,000. In addition, the community was fined $10,000 and
Chief Paula Sherman $15,000. Leaders of the neighbouring Shabot
Obaadjiwan First Nation and non-Aboriginal supporters of the AAFN have
also been in court and a $77 million dollar lawsuit has been laid
against their community.

In January 2009, Shawn Brant, spokesperson from Tyendinaga Mohawk
Territory, faces a lengthy jury trial for charges stemming from
blockades which took place in 2007, actions taken up to reclaim a
quarry operation and part of the struggle for the return of the
Culbertson Tract, land which the federal government has acknowledged
belongs to the Mohawks. He faces a potential 12 years in prison. These
charges are also accompanied by a multi-million dollar lawsuit filed by
the corporate interests of CN Rail.

OCAP condemns the fact that politicians at both the provincial and
federal level, as well as judges, prosecutors, and police, have been
sending a vicious and clear message that criminalization of indigenous
resistance is the order of the day. Even the basic 'duty to consult'
imposed on government before they authorize actions that might infringe
on indigenous constitutional rights, enshrined in Section 35 of the
Canadian constitution and Supreme Court of Canada rulings since 1990,
is being ignored.

Given the poverty and lack of basic access to decent housing, clean
water, education, and health care endemic to reserve communities in
this province and country, we find the laying of massive financial
punishment against indigenous people who are fighting back to be
abhorrent and completely outrageous.

Finally, we denounce the trend of responding to blockades and
actions taken up by indigenous communities who are protecting their
traditional territories with criminalization and repression. In light
of the ineffective land claim process, the lack of will on the part of
provincial or federal governments to resolve claims issues, the ability
of corporations to act under the auspices of Ontario's outdated Mining
Act, provisions of which directly violate repeated findings of the
Supreme Court of Canada with respect to First Nations treaty-rights and
land-claims, and given the right of First Nations communities to
sovereignty and self-determination, the racist colonialist response of
government is unacceptable and must not be allowed to continue.

OCAP calls on the Ontario government to drop all charges and fines
against Bob Lovelace and the AAFN, and to drop all charges against the
KI Six. We demand that the Ontario government respond to the clearly
stated demands of both communities. We demand that all corporate
plunder, mining and exploration activities on the traditional
territories of AAFN and KI cease immediately.

The Ontario Coalition Against Poverty, March 2008.

Interview with KI Political Prisoner Cecilia Begg

Submitted by Jeff P. on April 9, 2008 - 7:21am.

Jon Thompson

Cecilia Begg is the Head Councillor of Kitchenuhmaykoosib Inninuwug (KI) First Nation in Northern Ontario.
She is the lone female community leader in what has come to be known as the KI6, a group serving six months
for contempt after blockading a mining company from its licensed operations on disputed land near their
community (See Bullet #95). In her first interview since her
incarceration, she spoke with
The Enterprise's Jon Thompson
at the Kenora jail about the road that has led her to this point, the reasons she is fighting the development,
and the path that she hopes will emerge from her imprisonment.

JT: The land entitlement claim that KI filed back in 2000 had been
licensed to junior mining company, Platinex. Did that claim have
anything to do with the fact that the government licensed a mining
operation on the traditional territory of your people?

CB: We're still trying to get the Treaty Land Entitlement (TLE).
That was one of the things we asked for. A solution has to accommodate
(the government) revoking the license to Platinex.

JT: How do you feel it would affect your community if the Platinex mine were to go ahead?

CB: From the way things are, it would be a drastic change for our
community. It would endanger the animals, our tradition and the culture
of our people.

JT: On September 24th, 2007, Platinex company employees were met at
the KI airport by members of the community. They then charged you and
the others with contempt, which you did not defend in court. What
really happened that day?

CB: They came into town and they were going to set up an office in
the community and then fly into the site. They were there to do what
they called archeological studies. We had been saying no all along and
they came anyway. They were met outside the plane and told they weren't
welcome in the community; that we were adamant about fighting for our
land. They finally left later in the day. I left that morning for a
meeting down south but I was in the party that blockaded their entry to
our land.

JT: You're a mother, a grandmother, and a great grandmother. A lot
of the mobilization around your political struggle has related to your
being a woman. Can you explain the connection?

CB: Three years ago, I decided that if it came to doing a jail
sentence to defend our land, I would. I could have got out of it. When
we were first sentenced, I met with (Nishinawbe Aski Nation Grand
Chief) Stan Beardy and (Assembly of First Nations National Chief) Phil
Fontaine. They were concerned that I was the only female serving a jail
term and that maybe their lawyers could work towards an appeal process.
But since I'm the only female, I felt the importance to go through with
it and I wanted to stand by my original decision until such time as we
get a positive answer to what we're asking for.

In our culture, it's important to show respect to the females. They
are the ones who are mothers, grandmothers, great grandmothers, elders.
You go on with things in that process. We're doing this on behalf of
the ladies back home. They play an important role.

JT: The women of Nishinawbe Aski Nation's Women's Council
are fasting today to raise attention to your story. They're saying that
in jailing you and the other imprisoned leaders, the Ontario government
is creating heroes. How do you feel about that?

CB: I don't know. My being in jail fighting for what I believe is
ours: our rights, our land, for future generations. It's not about me,
it's about the people back home. I appreciate their support.and the
support from all over.

I want people back home to know that I'm doing all right. I have the
support and prayers of many. In our culture it's encouraged to put the
creator ahead of everything. That's what I believe in.

JT: Did you see the demonstration marching by the jail last Saturday for you?

CB: The glass is real thick upstairs so we couldn't get a clear view
but we could hear the drumming and we could see the colours and that
there were many people. That meant a lot to me, especially seeing so
many people from back home who were able to join the rally.

JT: One of the concerns from John Cutfeet (who negotiated on behalf
of KI) was that the 2006 court ruling required the government to
consult First Nations before companies could begin operations. In his
words to me last summer, "First Nations gained the right to sit at the
table, but they don't have the right to leave the table". To him, that
wasn't legitimate consultation. What needs to be included in the
consultation process that is not included now?

CB: To go back to square one and ensure the proper steps are taken
this time. There has to be changes. We have to be properly notified, if
there are even surveys going on. That has to happen before anything
happens. The camps up North, there are signs of the land being staked.
Land is being surveyed over the summer and winter with no consultation.
Our treaty rights have to be respected.

JT: In an interview with Aboriginal People's Television News, new
provincial Aboriginal Affairs Minister Michael Bryant said the
government is working to overturn the decision that put you in prison,
and that the crown had never asked for imprisonment. What does that
support mean to you and what do you think is going to happen?

CB: I'm not sure. I've been talking with people from back home and
what the minister is passing on is not entirely true. They say he lied
about the number of times he has been there. Once, he made a press
release prior to coming to our community saying that we're coming to
some sort of an agreement. We hadn't reached any sort of agreement with
him. That didn't sit well with us.

JT: What's do you think is going to happen at the end of your sentence?

CB: I'm just taking it a day at a time, trying to get as much
information as I can from back home. It's a long process, trying to get
information. I haven't been able to speak with the other men
(imprisoned in Thunder Bay) until today. We're encouraging each other
by knowing we're doing fine. That's all we can do.

JT: Is there any chance that there could be any sort of agreement with the company?

CB: At the moment, the answer is still no. We haven't changed. It
will be up to the future generations and future leaders to allow or not
allow development. We're not for or against development but there's too
much at stake and we have to get our community ready for that. It will
be up to the future generation and we can't foresee what they will
need. We're keeping the land for them. •

THE KI DEMANDS:

With consultation between the exiled Council members and the Council
in Kitchenuhmaykoosib, we take a strong stand on the following:

No Parliamentarian, be it federal or provincial member, is allowed in the Homelands of Kitchenuhmaykoosib Inninuwug;
No more free entry to Kitchenuhamaykoosib lands by Platinex or any other mining entity including First Nations mining companies;
Ongoing blockade will be more protected and secured in order to protect our KI Homelands;
Assembly of First Nations must abandon the partnership agreements with the mining industry in Canada;
All
First Nation political territorial organizations in Ontario do not
speak directly for or on behalf of Kitchenuhmaykoosib Inninuwug, but
their support on the issue is welcome;
Ontario must respond to
our proposal made with our brothers and sisters of the Ardoch Algonquin
First Nation, to establish a joint panel on mining on First Nations
lands.