Algonquins of Barriere Lake

*NOTE: AW@L wants to recognise that working in solidarity with people from Barriere Lake is not a campaign that we have been actively engaged in over the last couple of years since we signed on to the solidarity statement (see below). However, that does not seem like a good reason to stop posting info from those who have.*

May 20, 2011

Algonquins of Barriere Lake vs Section 74 of the Indian Act

from barrierlakesolidarity.org

UPDATE - March 2011

Solidarity Update On The Algonquins Of Barriere Lake

Dear friends and supporters of the Algonquins of Barriere Lake,

Since the great outpouring of support at the Ottawa demonstration in December against the imposition of the Indian Act on their community, a great many of things have transpired on Barriere Lake's territory. Stronger than ever, the community is ready to fight back and needs your help.

Please read the update posted below and stay tuned for ways to get involved.

In sol,

Barriere Lake Solidarity

1. MINING ALERT ON ALGONQUIN TERRITORY
2. REPORT ON THE ACTIVITIES OF THE INDIAN ACT BAND COUNCIL
3. REPORT ON SECTION 74 LETTER-WRITING CAMPAIGN

1. MINING ALERT ON ALGONQUIN TERRITORY
Barriere Lake Algonquins say "No" to mining exploration on their land, Cree workers agree to leave site

RAPID LAKE, QC – Last week, Barriere Lake community members discovered that Val D' Or based Cartier Resources has begun line-cutting in preparation for mining exploration on their unceded Aboriginal lands. According to their website, the mining company claims that their "100% owned" land base of 439 square kilometers boasts rich copper deposits ripe for exploitation.

The so-called "Rivière Doré Project" was undertaken without obtaining the community's free, prior, and informed consent – the minimum standards set out in the United Nations Declaration on the Rights of Indigenous People (UNDRIP), which Canada has endorsed in words but not in action. The mining project also violates the community's own environmental protection regime, the Trilateral Agreement, which was signed in 1991 by Barriere Lake, Quebec, and Canada and has yet to be honoured.

The workers on site, predominantly Crees from the Mistassini and Oujebougamou First Nations, agreed to leave when the Algonquins traveled to the proposed mine location and explained their opposition to the development. The larger battle with the Cartier Resources, however, looms ahead.

Barriere Lake community members will return to maintain a presence at the proposed mining site and stop all further developments. Please stay tuned for further developments and action call-outs.

2. REPORT ON THE ACTIVITIES OF THE INDIAN ACT BAND COUNCIL
The community remains largely in the dark concerning the activities of the band council. Illegitimate in the eyes of most people in the community, this band council rose to power through the imposition of an Indian Act provision (Section 74) that gives the Minister of Indian Affairs discretion to overthrow Indigenous customary government systems.

One thing is clear, though: Barriere Lake is open for business now. Mining companies, logging companies, and costly Hydro electrification and reserve housing development have all been green-lighted by the band council.

While investments in reserve infrastructure are badly needed, they are coming at the price of burying the larger issue of land management of the whole territory.

3. REPORT ON SECTION 74 LETTER-WRITING CAMPAIGN
Hundred of letters have been sent through the Barriere Lake Solidarity website to Minister of Indian Affairs John Duncan in protest of the forced imposition of Section 74 on the Algonquins of Barriere Lake (see http://www.barrierelakesolidarity.org/2008/03/donations.html). The Department has recently sent out replies to these letters which are telling of Canada's communications strategy to contain the threat of public awareness on the issue.

Responding to these letters is Pierre Nepton, the Director General of the Quebec Region of Indian and Northern Affairs Canada (INAC). Nepton outlines the "official" story in his response letter: INAC had no choice but to reluctantly impose Section 74 due to internal conflicts over governance, which the community failed to resolve themselves.

But it's cool. Barriere Lake Solidarity has prepared a forensic decoder of the government's official story. Click on this link to see it in full.

For more info see barrierelakesolidarity.org

UPDATE - November 12 2010

Canada seeks to unconstitutionally abolish Algonquin's customary government to avoid honouring agreements and recognizing legitimate leadership

from barrierelakesolidarity.blogspot.com

Kitiganik/Rapid Lake, Algonquin Territory /– On Friday, October 30, 2009, Indian Affairs Minister Chuck Strahl sent notice to the Algonquins of Barriere Lake that he will not recognize their legitimate leadership, but instead impose elections on the community in April, 2010 by invoking a section of the Indian Act that would abolish the customary method they use to select their leaders.

The attempt at assimilation would be a violation of Barriere Lake's constitutionally-protected Aboriginal right to their customary system of government.

"The Canadian government doesn't want to deal with our Customary Chief and Council because we are demanding that the federal and Quebec governments implement agreements they signed with us regarding the exploitation of our lands and resources. So rather than recognize me, they want to do away with our customary system of government by which I was selected," says Jean Maurice Matchewan, Customary Chief of Barriere Lake. "And while they are not recognizing our community's legitimate leadership, Quebec has been taking advantage by illegally allowing forestry companies to clear-cut our forests in violation of our Trilateral agreement."

Documents released under court-order indicate the Government of Canada was invested in quashing the precedent-setting Trilateral agreement, signed with Barriere Lake in 1991, and undermining Barriere Lake's legitimate Customary Chief and Council.[1]

Jean Maurice Matchewan was reselected as Customary Chief on June 24, 2009, but the Government of Canada has refused to answer six consecutive letters sent by Barriere Lake's lawyers, the last on Thursday, October 29, requesting that the Government recognize this result. The June leadership selection process was facilitated by Keith Penner, a former Member of Parliament who chaired the Special Parliamentary Committee on Indian Self-Government in 1983 that culminated in the historic Penner Report on Indian First Nations Self-Government. Penner concluded that Matchewan and his Council "followed and adhered to in each and every respect" Barriere Lake's Customary Governance Code and are the "the legitimate and properly constituted leaders," a result which should clear up confusion about the identity of Barriere Lake's legitimate Customary Chief and Council.[2]

At a Federal Court hearing on September 24, 2009, Prothontary Tabib urged the Minister, in light of the new leadership selection, to withdraw his recognition of Casey Ratt, whom the Minister has been dealing with as Chief since March 2008. This could allow the claims to leadership to be resolved through the Courts. Rather than recognize the June leadership selection or take direction from the Courts, Minister Strahl’s has decided to impose elections on Barriere Lake, alleging the community is "lacking the political will and the governance tools to resolve the matter" of their leadership situation.

"We already have a Customary Governance Code, which would work well if it were not for the internal interference of the Government of Canada. First the Government of Canada recognized and worked with a minority faction which didn't respect our Customary Governance Code, in order to derail our signed agreements. Now that we have the Government backed into a corner because of our legal challenges and the recent leadership selection process, which was documented by credible witnesses, they are trying to win some more time by attacking our customs," says Customary Chief Matchewan.

Section 74 of the Indian Act states that the Minister of Indian Affairs can impose an electoral system on First Nations with customary leadership selection processes. But Barriere Lake’s Customary governance code is recognized and affirmed by Section 35 of the Canadian Constitution, and the Minister is therefore prevented from changing their customary system of government.

Barriere Lake wants Canada and Quebec to uphold signed agreements dating back to the 1991 Trilateral Agreement, a landmark sustainable development and resource co-management agreement praised by the United Nations and the Royal Commission since 2001. Quebec signed a complementary Bilateral Agreement in 1998, but has stalled implementation despite the 2006 recommendations of two former Quebec Cabinet Ministers, Quebec special representative John Ciaccia and Barriere Lake special representative Clifford Lincoln, that the agreement be implemented. The 2006 recommendations include forest plans to harmonize logging operations with the Algonquin's land use and revenue-sharing to give the Algonquins a $1.5 million share of the $100 million in resource revenue that comes out of their territory every year.

The Algonquin Nation Secretariat, a Tribal Council representing three Algonquin communities including Barriere Lake, continues to support Chief Matchewan.

- 30 -

UPDATE - October 30

Indian Affairs Minister Strahl forces voting on Quebec native community

From Canwest News Service:

OTTAWA — Indian Affairs Minister Chuck Strahl has used rarely invoked Indian Act powers to force voting on a small Algonquin community in northern Quebec that has been locked in a years-long battle with the federal government, while being torn by internal divisions.

In a letter to Barriere Lake, a 450-person community that sits about 300 kilometres north of Ottawa, Strahl said persistent instability in the community had forced him to step in to replace the community's generations-old traditional system with an electoral one.

"I have come to the difficult conclusion that the community, as a whole, is lacking the political will and the governance tools to resolve the matter," wrote Strahl, in the letter dated Friday, Oct. 30. "I have decided, therefore, to invoke the powers conferred upon me by the Indian Act."

An Indian Affairs minister has invoked the powers under section 74 of the Indian Act twice since 2002, and its most infamous use came in 1924, when Canadian authorities imposed an elected band council on the Ontario Iroquois community of Six Nations.

Barriere Lake sits on 24 hectares of land negotiated by a priest and the Quebec government. It's one of Canada's poorest communities and currently is governed by a traditional leadership-selection process codified in the mid-1990s. Under the system called blazing, elders select leadership candidates who are either accepted or rejected by the community.

The community, however, has fallen into bitter internal conflict that has exploded into violence, forcing the intervention of Quebec riot police on one occasion. Much of the tension stems from a disagreement over whether to continue a fight to revive a failed agreement with the federal and Quebec governments, giving Barriere Lake a say over thousands of square kilometres of their traditional territory.

Strahl's decision to force a new electoral system, however, has united the two factions.

David Nahwegahbow, a lawyer for the council of Chief Jean-Maurice Matchewan, said the federal government would face a constitutional challenge.

"It is draconian and of questionable constitutionality," he said.

Rival Chief Casey Ratt also said he would oppose the decision.

"I am not the one who will do away with any customary practices that our community has," said Ratt.

Strahl's office said the minister was not available to comment.

UPDATE - August 31

Algonquins peacefully block logging until agreements and leadership respected

Algonquins place bodies in front of logging machines: prevent logging until Quebec and Canada respect agreements and leadership
Kitiganik/Rapid Lake, Algonquin Territory /– This afternoon members of the Algonquins of Barriere Lake will peacefully block the machines of Abitibi-Bowater forestry workers, preventing logging in their territory until Quebec implements agreements covering forestry on Barriere Lake's lands, and the Quebec and Canadian government’s recognize the First Nation’s legitimate leadership.

“Our community has decided there will be no forestry activities or any new developments in our Trilateral Agreement Territory until the status of our leadership and the agreements we signed are resolved to our community's satisfaction,” says Jean Maurice Matchewan, Customary Chief of Barriere Lake. “The Quebec government has acted in bad faith, giving companies the go-ahead to log while they ignore their legal obligations, leaving us with no choice but to stop forestry operations until Quebec complies with the agreement. We have waited more than 3 years for Quebec to implement it."

Matchewan received no response to a letter he sent to Manager Paul Grondin of Abitibi-Bowater's Maniwaki mill on August 25, requesting that the company suspend logging operations until the governments follow through on their obligations.

“Our plan is to peacefully put our bodies in front of their machines until we get some results. We expect they may use the police, because we are used to such tactics. This is our territory and they can't push us off our lands," says Matchewan.

Canada and Quebec have refused to acknowledge the results of a June 24, 2009 leadership selection process that reselected Jean Maurice Matchewan as the legitimate Customary Chief of Barriere Lake. National Chief Shawn Atleo of the Assembly of First Nations, however, met with Chief Matchewan on August 19, to discuss the Trilateral agreement and other community concerns. The Algonquin Nation Secretariat, a Tribal Council representing three Algonquin communities including Barriere Lake, also recently reiterated their support for Chief Matchewan.

“Instead of acting honourably and cooperating with our Customary Council to implement these signed agreements, the federal and provincial governments have been working in unison to try and install a minority faction whom they can use to sign off on the cutting of our forest,” says Matchewan.

Barriere Lake wants Canada and Quebec to uphold signed agreements dating back to the 1991 Trilateral Agreement, a landmark sustainable development and resource co-management agreement praised by the United Nations and the Royal Commission on Aboriginal Peoples. Canada has been in breach of the agreement since 2001. Quebec signed a complementary Bilateral Agreement in 1998, but has stalled despite the 2006 recommendations of two former Quebec Cabinet Ministers, Quebec special representative John Ciaccia and Barriere Lake special representative Clifford Lincoln, that the agreement be implemented. The agreement is intended to allow logging to continue while protecting the Algonquin’s’ traditional way of life and giving them a $1.5 million share of the $100 million in resource revenue that comes out of their territory every year.

UPDATE - JUNE 9:

Algonquin ban logging in vast traditional territory until Quebec and Canada respect agreements and leadership

Kitiganik/Rapid Lake, Algonquin Territory /– The small First Nation of Barriere Lake issued notices to forestry companies on Thursday, June 4, suspending new logging in a huge area of land in northwestern Quebec until the Quebec and Canadian government uphold an agreement covering the territory and respect the community’s legitimate leadership.

Customary Chief Benjamin Nottaway sent letters to Domtar, AbitibiBowater, Commonwealth Plywood, Bois Omega, and Louisiana Pacific, which are preparing to cut within the 10,000 square kilometres covered by resource-use agreements between Barriere Lake and Quebec and Canada.

“The Quebec government has acted in bad faith, giving companies the go-ahead to log while they ignore their legal obligations, leaving us with no choice but to ask forest companies to end operations until Quebec complies with the agreement. We have waited almost 3 years for Quebec to implement it. Our patience is running out,” says Norman Matchewan, a community spokesperson.

Barriere Lake wants Canada and Quebec to uphold signed agreements dating back to the 1991 Trilateral Agreement, a landmark sustainable development and resource co-management agreement praised by the United Nations and the Royal Commission on Aboriginal Peoples. Canada has been in breach of the agreement since 2001. Quebec signed a complementary Bilateral agreement in 1998, but has stalled despite the 2006 recommendations of two former Quebec Cabinet Ministers, Quebec special representative John Ciaccia and Barriere Lake special representative Clifford Lincoln, that the agreement be implemented. The agreement is intended to allow logging to continue while protecting the Algonquin’s traditional way of life and giving them a $1.5 million share of the $100 million in resource revenue that comes out of their territory a year.

“Quebec is now using the leadership confusion created by the federal government’s interference in our internal affairs as an excuse not to implement the agreement and to let forestry companies have their way on our land,” says Matchewan.

In March 2008, the Canadian government rescinded recognition of Acting Chief Benjamin Nottaway and his Council and recognized individuals from a minority faction whom the Barriere Lake Elder's Council says were not selected in accordance with their Customary Governance Code.

The Algonquins of Barriere Lake have won the support of the Green Party of Canada, New Democratic Party, Council of Canadians, Public Service Alliance of Canada (PSAC), Canadian Union of Postal Workers (CUPW), as well as dozens of grassroots organizations across the country. The Algonquin Nation Secretariat, the Tribal Council representing three Algonquin communities including Barriere Lake, continues to recognize and work with Customary Chief Benjamin Nottaway and his Council.

UPDATE - MARCH 27:

Minister's Memo Exposes Motives for Removing Algonquin Chief

INAC expected collaboration with new Chief but feared legal repercussions and perception of government sponsorship
by Martin Lukacs
A secret memo reveals the motivations behind Indian Affairs Minister Chuck Strahl's decision to remove the chief and council from power in the small Algonquin community of Barriere Lake.
A secret document obtained by The Dominion reveals Indian and Northern Affairs Canada (INAC) decided to replace the leadership of Barriere Lake First Nation, which officials considered "dogmatized," with a chief and council offering “improved collaboration."
[Read More -TheDominion.ca]

UPDATE - DECEMBER 10:

Quebec judge imprisons Algonquin Chief for two months for peaceful protest: Crown asks for one year to send "clear message" to impoverished community

Kitiganik/Rapid Lake, Algonquin Territory / - On Thursday December 4th a Quebec judge sentenced Barriere Lake Acting Chief Benjamin Nottaway to forty-five days in jail, in addition to fifteen already served in pre-trial detention, for participating in peaceful blockades intended to draw attention to violations of Barriere Lake's rights by the Canadian and Quebec governments.
[Read More: -LINK-]

From BarriereLakeSolidarity, November 19:

"After exhausting all political avenues, the Algonquins of Barriere Lake and many non-native supporters have just blockaded highway 117 for a second time... They will maintain the peaceful blockade until both the Canadian and Quebec governments honour their signed agreements that would allow co-management of their traditional territory and resource revenue sharing, and until Canada respects their leadership customs by appointing an observer to witness a leadership selection in accordance with their Customary Governance Code, and in good faith recognize the outcome."

***

AW@L has formally endorsed the demand set put forward by the Algonquins of Barriere Lake.

November 19

here

November 21, members of AW@L joined the Toronto Barriere Lake Solidarity Committee to deliver a message of solidarity with the Algonquins of Barriere Lake. The action/rally consisted of a brief blockade of Queen St West, and then a disruption in the lobby of the office tower that houses the Quebec office in Toronto. Read the letter delivered to the Quebec Office [here]. Read the Press Release [here].

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Algonquin of Barriere Lake Briefing Package Available Here.

Video: Algonquins of Barriere Lake - 41 mins
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October 6

Video from Barriere Lake Solidarity on Vimeo - 23.5 mins

here

November 19

Blockade Video - 7.5 mins

here

ABL's List of Demands

2. That the Government of Canada agree to the immediate incorporation of an Algonquin language and culture program into the primary school curriculum.

3. That the Government of Canada honour signed agreements with Barriere Lake, including the Trilateral, the Memorandum of Mutual Intent, and the Special Provisions, all of which it has illegally terminated.

4. That the Government of Canada revoke Third Party Management, which was imposed unjustly on Barriere Lake.

5. That the Province of Quebec honour signed agreements with Barriere Lake, including the 1991 Trilateral and 1998 Bilateral agreements, and adopt for implementation the Lincoln-Ciaccia joint recommendations, including $1.5 million in resource-revenue sharing.

6. That the Government of Canada and the Province of Quebec initiate a judicial inquiry into the Quebec Regional Office of the Department of Indian Affairs' treatment of Barriere Lake and other First Nations who may request to be included.

7. The Government of Quebec, in consultation with First Nations, conduct a review of the recommendations of the Ontario Ipperwash Commission for guidance towards improving Quebec-First Nation relations and improving the policing procedures of the SQ when policing First Nation communities.
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