Monday October 5, 2009

Grassy Narrows’ Legal Challenge to Clearcut Logging Begins

Toronto, ON –The Ontario Superior Court begins hearing evidence today in Grassy Narrows’ case against logging on its traditional lands. Grassy Narrows is challenging Ontario’s right to approve industrial logging that interferes with its constitutionally guaranteed treaty rights. The Grassy Narrows trappers have been in the courts for close to a decade fighting to protect Treaty 3, which was signed by the Government of Canada in 1873. The trial is expected to last approximately 75 days.

A brief press conference will be held at 1:15 p.m. outside the courthouse at 330 University Ave.

“We have never given our consent to clearcut logging, and we have never given up our right to live off this land, but the government and the corporations choose to ignore this,” said Grassy Narrows representative Joseph Fobister. “The logging is destroying a way of life for our people, and we cannot allow that.”

In her decision to award costs in advance of trial, Madam Justice Spies wrote “I have no difficulty in concluding that the treaty interpretation issue is an issue of great public importance.” [1] She further stated that ”in my view this is a serious issue that had not yet been squarely decided or even considered in any case before.” [2] She explained that “Ontario would be paying a relatively small portion of the revenues it derives from forestry in the Whiskey Jack Forest to have tested, once and for all, the constitutionality of those activities, which are being carried out at the expense of Grassy Narrows.” [3]

“This historic test case will set a precedent for First Nations communities across the province whose lands are being clear-cut, strip-mined, and polluted for the benefit of multinational resource extraction companies.” said Anastasia Lintner, staff lawyer for Ecojustice.

On September 1, Amnesty International and 20 other organizations renewed their call on the Province to halt all logging in Grassy Narrows territory unless the free, prior and informed consent of the community is given. [4]

“Decades of failure to uphold the human rights of the people of Grassy Narrows have led to tragic levels of poverty, and ill health,” said Craig Benjamin, Campaigner for the Human Rights of Indigenous Peoples at Amnesty International. “The Province could have avoided being taken to court if it respected the right of Indigenous communities to say ‘no’ to unwanted development on their lands.”

Contact:

Joseph Fobister, for Grassy Narrows: 807-466-4099

Robert Janes, for JFK Law: 250-888-5269

Kori Brus, for Ecojustice: 416...

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Background

Government and Industry officials failed to heed decades of Grassy Narrows’ official complaints, environmental assessment requests, negotiations, and public protests [5] giving rise to a peaceful grassroots blockade that has kept logging trucks off highway 671for nearly 7 years – the longest such action in Canadian history.

On June 3 of 2008 David Paterson, CEO of AbitibiBowater, then the largest newsprint producer in the world, yielded to international pressure and informed then Ontario Minister of Natural Resources, Donna Cansfield, that the company would discontinue using wood from Grassy Narrows territory and relinquish its license to log in the area. [6] AbitibiBowater’s withdrawal has suspended logging on Grassy Narrows territory, and the Band Council has entered into talks with the Province, represented by former Supreme Court Justice Frank Iaccobucci, over the long-term management of Grassy Narrows territory. [7]

There are growing concerns, however, that the province may have already made up its mind to continue large-scale clear-cut logging in the territory, and in March of 2009 the Province unilaterally approved a plan that identifies 27 areas to be clear-cut on Grassy Narrows territory, including 17 that will be more than 260 hectares in size. [8]

Seattle based lumber giant Weyerhaeuser is pursuing trees logged on Grassy Narrows territory for its Kenora Trus Joist mill to make Timberstrand products used in homebuilding throughout North America. [9] On June 15 Calvert Investments deleted Weyerhaeuser from the Calvert Social Index of sustainable and responsible companies due to Weyerhaeuser’s failure to meet the Index’s standards for Indigenous Peoples’ Rights. [10]

Sources

[1] para 234 Keewatin v. Ontario (Minister Of Natural Resources), 2006 CanLII 35625 (ON S.C.) http://www.canlii.com/eliisa/highlight.do?text=janes&language=en&searchTitle=Ontario+-+Superior+Court+of+Justice&path=/en/on/onsc/doc/2006/2006canlii35625/2006canlii35625.html

[2] op. cit. para 217

[3] op. cit. para 237

[4] http://www.amnesty.ca/blog_post2.php?id=1090

[5] Correspondence dating back to 1998 can be found at : http://freegrassy.org/learn_more/resources/official_correspondence/

[6] Toronto Star, Peter Gorrie, June 5, 2008. Protest prompts Abitibi pullout.

http://www.thestar.com/sciencetech/article/437156
[7] Kenora Daily Miner and News, Mike Aiken, Dec. 3, 2008.
[8] Kenora Daily Miner and News, Mike Aiken, March 25, 2009.

[9] Kenora Daily Miner and News, Mike Aiken, Sept., 2008.

[10] http://www.calvertgroup.com/newsarticle.html?article=14727

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A Chance to Support Grassy Narrows

Grassy Narrows begins suit against Ontario government for infringement of Indigenous, treaty rights

Dear Friends,

Here is a great opportunity to show your support for Indigenous land defence, and environmental justice, while enjoying a tasty meal of wild foods, and live music. I hope you can join us - and bring a friend.

On October 5th the Ontario Superior Court begins hearing evidence in Grassy Narrows First Nation's case against logging on its traditional lands. Grassy Narrows is challenging Ontario’s right to approve industrial logging that interferes with its constitutionally guaranteed treaty rights.

WHAT: Grassy Narrows Trappers' suit against Ontario Government
WHEN: Monday, October 5th 2009, events starting at 9:30am
WHERE: Ontario Superior Court of Justice, 330 University Ave., Toronto
EVENTS:

10:00 a.m. court begins (only 15 seats so come early)
11:30 a.m. – 2:30 p.m. public serving of wild foods
12:00 noon press conference on the court house steps

Contact:

For information: David.Sone@gmail.com
To help with the food serving: Monique.Woolnough@gmail.com

Grassy Narrows Background

Grassy Narrows (Asubpeeshoseewagong) is an Anishnabe community in northwestern Ontario. Mercury contamination of their river system in the 1960s by a paper mill upstream devastated their economy, plunging the community into extreme poverty from which it has never fully recovered. Many community members continue to rely on the forest for hunting, trapping, fishing and gathering of berries and plant medicines, as well as a site for ceremonies and cultural teachings.

Government and Industry officials failed to heed decades of Grassy Narrows’ official complaints, environmental assessment requests, negotiations, and public protests against clearcut logging, giving rise to a peaceful grassroots blockade that has kept logging trucks off highway 671 for nearly 7 years – the longest such action in Canadian history.

On June 3 of 2008 David Paterson, CEO of AbitibiBowater, then the largest newsprint producer in the world, yielded to international pressure and informed then Ontario Minster of Natural Resources, Donna Cansfield, that the company would discontinue using wood from Grassy Narrows territory and relinquish its license to log in the area. AbitibiBowater’s withdrawal has suspended logging on Grassy Narrows territory, and the Band Council has entered into talks with the Province, represented by former Supreme Court Justice Frank Iaccobucci, over the long-term management of Grassy Narrows territory.

Check out this CBC interview with Roberta Keesick, Grassy Narrows blockader, trapper, hunter, mother, and grandmother:

http://www.cbc.ca/mrl3/8752/asithappens/20080605-aih-3.wmv

There are growing concerns, however, that the province may have already made up its mind to continue large-scale clear-cut logging in the territory, and in March of 2009 the Province unilaterally approved a plan that identifies 27 areas to be clearcut on Grassy Narrows territory, including 17 that will be more than 260 hectares in size.

Seattle based lumber giant Weyerhaeuser is pursuing trees logged on Grassy Narrows territory for it’s Kenora Trus Joist mill to make Timberstrand products used in homebuilding throughout North America. On June 15 Calvert Investments deleted Weyerhaeuser from the Calvert Social Index of sustainable and responsible companies due to Weyerhaeuser’s failure to meet the Index’s standards for Indigenous Peoples’ Rights.

for more see: freegrassy.org, amnesty.ca, cpt.org, friendsofgrassynarrows.com

The Legal Action

The Grassy Narrows trappers have been in the courts for close to a decade fighting to protect their lands and their rights under Treaty 3. Treaty 3, signed on October 3rd, 1873 by representatives of the Government of Canada and the ancestors of the Grassy Narrows community promises that the Indigenous people of the area “[s]hall have right to pursue their avocations of hunting and fishing throughout the tract.”

The trappers’ legal action “seeks a declaration that the MNR has no authority to approve any forest licences, forest management plans, work schedules or make or give any other approvals or authorizations for forest operation, within the Keewatin Lands so as to infringe, violate, impair, abrogate, or derogate from, the right to hunt and fish guaranteed to [Grassy Narrows] by Treaty 3.”

The trial is expected to last approximately 75 days, and is an important test case for many communities with similar treaties whose lands are being clearcut, mined, and polluted against their will, for the benefit of multinational resource corporations.

In 2006 the Superior Court of Ontario ruled in favour of a Grassy Narrows court motion obliging the Government of Ontario to pay Grassy Narrows’ legal costs for the litigation in advance of the trial. This decision is a first in Ontario and sets an important legal precedent for other Native communities struggling to gain legal recognition for their aboriginal and treaty rights to land and culture.

For details, read that decision here: http://www.canlii.com/eliisa/highlight.do?text=janes&language=en&searchTitle=Ontario+-+Superior+Court+of+Justice&path=/en/on/onsc/doc/2006/2006canlii35625/2006canlii35625.html