‘Dealing With Dysfunction’

Instead of accommodating race laws, it would be far better for everyone if industry would release statements to the Canadian people on the ridiculousness of this system, and the limited economic future that awaits Canada if we continue down this path.

ERBLDealingWithDysfunction800x800

The ‘Consult and Accommodate’ dictum is nothing but structural racism and it is historically and legally unjust, based on erroneous rulings from a Supreme Court that puts the earnings of the legal profession ahead of the welfare and future of Canada. It forces companies to deal with {‘bribe’} numerous Band councils, the majority of which are, at worst, dysfunctional, and at best, simply corrupt.

Both the Chief in the story below, and the Supreme Court, need a quick refresher course on the Treaties {in this case, the ‘James Bay Treaty’}, which they – and you – can find immediately after this news story: 

“We’re often told by band members, before you do consultation, you need to build a relationship, (which) we’re ready to do. But it’s hard to build a relationship with any ‘First Nation’ Band unless they respond to us.

“The vast majority of ‘First Nations’ to which we send (messages) to chief and council, do not respond.”
–Moe Lavigne, KWG’s vice-president of exploration and development

“Chief David Paul Achneepineskum, CEO of the nine-community tribal council of the Matawa ‘First Nations’, said ‘KWG Resources’ President Frank Smeenk needs to make more of an effort to carry out “serious and active consultation with the communities”…

David Paul Achneepineskum, Matawa 'First Nations' CEO
David Paul Achneepineskum, Matawa ‘First Nations’ CEO

“Achneepineskum said KWG has a ways to go to earn the respect and trust of the communities if they expect to receive consent or approval for their project to proceed.

“Our ‘First Nations’ have their own protocols in terms of how they want the mining companies to work with them. One of them is that the mining company needs to visit the community and talk to the people and the leadership at the community, and spend some time to build a relationship with the people and the opportunity to get to know the people who are involved with the mining company. So far, there’s been no willingness by KWG to do that.”

“His comments triggered a sharp rebuke from Moe Lavigne, KWG’s vice-president of exploration and development.

“When David Paul said we haven’t made any effort to communicate with ‘First Nations’, that is absolutely wrong. It is only he that we do not communicate with, unless we have the authority of the chiefs.”

“According to the ‘rules of dialogue’, Lavigne said the individual community chiefs get “very annoyed” when KWG talks to Achneepineskum and the tribal council, before them {Just one of the many hoops that companies are being forced to jump through…}.

“Lavigne said Smeenk has “worked very hard” at building relationships with all the bands near the ‘Ring of Fire’, particularly in maintaining dialogue with the chiefs of Webequie and Marten Falls. The two communities sit astride of KWG’s proposed north-to-south railway corridor…

‘KWG Resources’

“Last April, KWG huddled with engineers from China Railway FSDI and Krech Ojard of Minnesota in Thunder Bay, prior to a flight to examine the junior miner’s proposed railroad corridor.

“As far I know, our ‘First Nations’ weren’t invited to that presentation in Thunder Bay,” said Achneepineskum. “KWG is not taking the ‘First Nations’ seriously at all in terms of getting them involved in initial discussions.”

“Lavigne disputed that by saying just prior to last spring’s meeting with FSDI, his company sent emails to a “large number” of bands – addressed to chief and council – asking them if they would like to meet the Chinese delegation, if the Chinese engineers could visit their communities or, alternatively, if a meeting could be arranged in Thunder Bay.

As often happens, Lavigne said, there was no response.

“We’re often told by band members, before you do consultation, you need to build a relationship, (which) we’re ready to do. But it’s hard to build a relationship with any ‘First Nation’ Band unless they respond to us.

“The vast majority of ‘First Nations’ to which we send (messages) to chief and council, do not respond.”

“Why they choose not to respond, Lavigne said, is a mystery.

“We are constantly reaching out to the ‘First Nations’ hoping for a response, and we get a few.”

“Lavigne said constant emailed notification to the bands near the ‘Ring of Fire’ has been KWG’s procedure at every stage of development.

“I can bury you with paper if you want, because there’s a lot of them.”

“In June, KWG offered a limited partnership proposal to two Matawa communities – Webequie and Marten Falls – to take an equity stake in their chromite development and railway, offering $40 million in loans to the communities. The company said discussions have taken place with Webequie Chief Cornelius Wabasse and Marten Falls Chief Bruce Achneepineskum.

“Lavigne said that offer wouldn’t have been made if Smeenk didn’t have ongoing dialogue with the chiefs.”

–‘Communication an issue between ‘First Nations’, ‘Ring of Fire’ junior miner’,
Ian Ross, Northern Ontario Business, 8/19/2016

http://www.northernontariobusiness.com/Industry-News/mining/2016/08/Ring-of-Miner-junior-needs-to-mend-fences-with-First-Nations.aspx

treaty_9_adhesions

Matawa ‘First Nations’ signed the ‘James Bay Treaty’, ‘Treaty No. 9’. What does the Treaty say?

“…the said Indians do hereby cede, release, SURRENDER and yield up to the government of the Dominion of Canada, for His Majesty the King and His successors for ever, ALL THEIR RIGHTS, TITLES AND PRIVILEGES WHATSOEVER, TO THE LANDS… The said land containing an area of ninety thousand square miles, more or less.”

The ONLY exceptions to this clause are the Reserves.

Here are the ONLY mentions of resources in ‘Treaty 9’, also known as the “James Bay Treaty”. Note that they refer to “precious metals” — and ONLY ON RESERVE LANDS {Not “traditional territories”. Also, there is NO mention of “sharing the land OR resource revenues”}:

“As to THE RESERVES in the territory covered by the Northwest Angle Treaty which may be duly established as aforesaid, Ontario agrees that the PRECIOUS METALS shall be considered to form PART OF THE RESERVES and may be disposed by the Dominion for the benefit of the Indians to the same extent and subject to the same undertaking as to the proceeds as heretofore agreed with regard to the lands in such RESERVES.”

“The question as to whether OTHER RESERVES in Ontario include PRECIOUS METALS to depend upon the instruments and circumstances and law affecting each case respectively…” 

–‘Treaty Texts — Treaty No. 9: The James Bay Treaty,
Treaty No. 9 (Made in 1905 and 1906) and Adhesions Made in 1929 and 1930′,
Aboriginal Affairs and Northern Development Canada {AANDC}
{CAPS added}

Text of Treaty 9, The James Bay Treaty:
http://www.aadnc-aandc.gc.ca/eng/1100100028863/1100100028864

MEME: 'Solid Gold Scandal' -- Mac Baren
MEME: ‘Solid Gold Scandal’ — Mac Baren

Our post from 2013:

There are ongoing {fraudulent} resource and land claims from aboriginals in northern Ontario. Let’s look at one:

“Nishnawbe Aski ‘Nation’ has invoiced Ontario for $127 million for benefits derived from natural resources extracted from its territories.”

http://www.wawataynews.ca/home/nan-bills-province-127-million

{“Nishnawbe Aski ‘Nation’ is a political organization representing 49 ‘First Nation’ communities across Treaty 9 and Treaty 5 areas of northern Ontario, Canada… Its member ‘First Nations’ are Ojibwa, Oji-cree and Cree…” http://en.wikipedia.org/wiki/Nishnawbe_Aski_Nation }

“Over the course of 100 years since the James Bay Treaty was signed, WHERE WE {the Nishnawbe Aski ‘Nation’} AGREED TO SHARE THE LAND AND ITS RESOURCES, our share of the government of Ontario’s revenues collected from resources on {what was} our {ancestors’} lands amounts to well to over $32 billion,”

said Deputy Grand Chief Les Louttit on June 26…

“NA’N’ commissioned Dr. Fred Lazar of the ‘Schulich School of Business’ to report on resource revenue in the NA’N’ region over the past 100 years.

“My understanding of Treaties 5 and 9 is that all revenues generated from the lands covered by these treaties were to be shared – there was no surrender involved.” {!?!}

“Grand Chief Stan Beardy said

“we have some outstanding debts owed to us… They were signatories on THE JAMES BAY TREATY, WHICH OUTLINED A SHARING COMPONENT FOR LAND AND RESOURCES. THEY HAVE BROKEN THE TREATY PROMISES.”

NAN Grand Chief Stan Beardy, with 'invoice' (Wawatay News)
NAN Grand Chief Stan Beardy, with ‘invoice’ (Wawatay News)

Well, then, let’s look at the actual treaties, which poor Dr. Lazar, Deputy Grand Chief Louttit — and even the Grand Chief himself — have obviously never read:

First,

“there was no surrender involved.”

What does the Treaty say?

“…the said Indians do hereby cede, release, SURRENDER and yield up to the government of the Dominion of Canada, for His Majesty the King and His successors for ever, ALL THEIR RIGHTS, TITLES AND PRIVILEGES WHATSOEVER, TO THE LANDS… The said land containing an area of ninety thousand square miles, more or less.”

The ONLY exceptions to this are the reserves.

As to

“My understanding of Treaties 5 and 9 is that all revenues generated from the lands covered by these treaties were to be shared”,
and
“The James Bay Treaty, which outlined a sharing component for land and resources…”

Here are the ONLY mentions of resources in Treaty 9 {see Treaty 5 below}, also known as the “James Bay Treaty”. Note that they refer to “precious metals” — and ONLY ON RESERVE LANDS {Not “traditional territories”. Also, there is NO mention of “sharing the land”}:

“As to THE RESERVES in the territory covered by the Northwest Angle Treaty which may be duly established as aforesaid, Ontario agrees that the PRECIOUS METALS shall be considered to form PART OF THE RESERVES and may be disposed by the Dominion for the benefit of the Indians to the same extent and subject to the same undertaking as to the proceeds as heretofore agreed with regard to the lands in such RESERVES.”

“The question as to whether OTHER RESERVES in Ontario include PRECIOUS METALS to depend upon the instruments and circumstances and law affecting each case respectively.” …

“That any mining claims staked out and recorded, within any of the above mentioned unsurveyed RESERVES, subsequent to the date of the signing of the Adhesion covering the areas, shall in all respects be subject to the provisions of Ontario Statutes 1924, Cap. 15, 14 Geo. V, which defines and protects the rights of the Indians.”

–‘Treaty Texts — Treaty No. 9: The James Bay Treaty,
Treaty No. 9 (Made in 1905 and 1906) and Adhesions Made in 1929 and 1930′,
Aboriginal Affairs and Northern Development Canada {AANDC}
{CAPS added}

Treaty 9 Commissioners(600)

Text of Treaty 9, The James Bay Treaty:
http://www.aadnc-aandc.gc.ca/eng/1100100028863/1100100028864

For images of the actual Treaty document: http://www.archives.gov.on.ca/en/explore/online/james_bay_treaty/big/p01_james_bay_treaty.aspx

Treaty 5, however, contains NO mention of resource rights for aboriginals, even on reserves. In fact, they

“do hereby cede, release, SURRENDER and yield up to the Government of the Dominion of Canada, for Her Majesty the Queen and Her successors for ever, ALL THEIR RIGHTS, TITLES AND PRIVILEGES WHATSOEVER, TO THE LANDS… And the undersigned Chiefs, on their own behalf and on behalf of all other Indians inhabiting the tract within ceded, do hereby solemnly promise and engage to strictly observe this treaty, and also to conduct and behave themselves as good and loyal subjects of Her Majesty the Queen.”

–‘Treaty Texts — Treaty No. 5:
Treaty 5 between Her Majesty the Queen and the Saulteaux and Swampy Cree Tribes of Indians at Beren’s River and Norway House with Adhesions’,
Aboriginal Affairs and Northern Development Canada {AANDC}

Text of Treaty 5: http://www.aadnc-aandc.gc.ca/eng/1100100028699/1100100028700

http://www.canadahistory.com/sections/documents/native/Treaty%20Five.html
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We wrote a short summary of this post and submitted it to the ‘Comments’ section of ‘Northern Ontario Business’, from which the first article was taken. It has yet to be approved…

ERBLExplorationCompanyPushesBack600x600See also:
Exploration Company Pushes Back{October 6, 2015}:
https://endracebasedlaw.wordpress.com/2015/10/06/exploration-company-pushes-back/

Shooting Ourselves in the Foot…?’ (Uncertain business environment) {July 17, 2016}:
https://endracebasedlaw.wordpress.com/2016/07/17/shooting-ourselves-in-the-foot/

‘Court kills Northern Gateway pipeline’ {July 2, 2016}:
https://endracebasedlawcanadanews.wordpress.com/2016/07/03/court-kills-northern-gateway-pipeline/

‘Race-Based Control Of Resources?’ {June 25, 2016}:
https://endracebasedlaw.wordpress.com/2016/06/25/race-based-control-of-resources/

‘Defying Canada’ (Resources ‘Veto’) {May 30, 2016}:
https://endracebasedlaw.wordpress.com/2016/05/30/defying-canada/

‘Imperial Metals bullied by race supremacists May 27 2016’ {May 28, 2016}:
https://endracebasedlaw.wordpress.com/2016/05/28/imperial-metals-bullied-by-race-supremacists-may-27-2016/

‘Killing energy projects only hurts ‘First Nations’ {July 11, 2016}:
https://endracebasedlawcanadanews.wordpress.com/2016/07/11/killing-energy-projects-only-hurts-first-nations/
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