[Indigsol] Sacred Algonquin site not protected by Ont court ruling

[IPSMO]

An update on the Chaudiere islands court decision, duty to consult, and
upcoming events *(click on link, or keep reading in full below...)*:
http://www.mediacoop.ca/story/sacred-algonquin-site-not-protected-ontario-court/35228


----
*IPSMO NOTE:* the ipsmo at riseup.net address that we are sending this message
out through, is currently inaccessible to receive emails. Until this is
resolved, please use the facebook page to contact IPSMO:
https://www.facebook.com/ipsmo
----


*Sacred Algonquin site not protected by Ontario court ruling*

The massive June 17 sacred walk planned for the Chaudiere Falls site
(Akikodjiwan / Asinabka) in Ottawa/Gatineau will now be holding the extra
weight that an Ontario Superior Court judge shrugged off in his ruling
yesterday (May 26) - the responsibility of recognizing and protecting the
sacredness of the site.

The judge ruled against hearing the case seeking to appeal an earlier
Ontario Municipal Board (OMB) ruling that refused to consider overturning a
City of Ottawa rezoning decision. That decision removed the 'parkland'
zoning of the sacred site
<https://ricochet.media/en/101/ottawa-city-council-approves-rezoning-sacred-algonquin-site>,
in order to allow the 'Zibi' condominium development project on two of the
islands at the Chaudiere Falls.

The key legal issues are around the (lack of) protection of a site deemed
sacred by the Algonquin, the original inhabitants and caretakers of this
still-unceded territory.

Neither this judge, nor the original Ontario Municipal Board member, would
even allow for a full hearing to determine the merits of the case.

The next step of this legal fight is the Ontario Court of Appeal, says
Michael Swinwood, lawyer for the group of appellants headed by renowned
Anishinabe architect Douglas Cardinal.


*CONSULTATION*

In his ruling
<http://www.mediacoop.ca/sites/mediacoop.ca/files2/mc/cardinal_v._windmill_green_fund_lpv_-_final_released_may_26_2016.pdf>,
the judge upheld the OMB finding that the duty to consult "had been
discharged" by the developers and by the City of Ottawa.

He agreed with the OMB decision that "the concerns of First Nations,
particularly the Algonquin have been met ..." even though in advance of the
City's rezoning vote, the then-chief of Kitigan Zibi (KZ), Gilbert
Whiteduck, had sent a letter requesting the City postpone their rezoning
decision
<http://ottawa.mediacoop.ca/story/kitigan-zibi-algonquin-chief-intervenes-ottawa-cit/31867>
and have dialogue with KZ leadership first, which the City completely
ignored.

The judge cited the OMB finding that the development "has had input from
the [Algonquins of Ontario] and the Algonquins of Kitigan Zibi" and
referenced a City of Ottawa policy of ensuring the "Algonquins of Ontario"
(AOO) are consulted as stakeholders for the site.

This is the same approach that the federal government through the
department of Indigenous and Northern Affairs Canada (INAC) is taking: that
the AOO are the ones to be consulted on this development. However, the
Ottawa River (provincial border) is not a dividing line of Algonquin
territory, and the AOO are not recognized members of the Algonquin Nation.

The AOO is an organization that was formed around a decade ago to negotiate
the Eastern Ontario Algonquin land claim, and consists of the
officially-recognized Algonquins of Pikwakanagan First Nation along with
nine 'non-status' communities who each have an elected Algonquin
Negotiation Representative at the table.

The federal comprehensive claims policy, which requires the extinguishment
of Aboriginal Title and Rights, is being used by all levels of government
to ignore the rights and interests that ALL Algonquin First Nations have to
the sacred site while only consulting the AOO. A number of Algonquin First
Nations have been seeking changes to the immoral and
internationally-illegal comprehensive claims policy, most recently
presenting an Urgent Action request to the United Nations Committee on the
Elimination of Racial Discrimination
<https://www.scribd.com/doc/311355114/Algonquin-CERD-Summary-May-3-16>.

The two Algonquin tribal councils, that combined represent all the official
Algonquin communities aside from Pikwakanagan, have both recently publicly
been raising concerns about their lack of consultation regarding the sacred
site and the adjacent LeBreton Flats - Algonquin Anishinabeg Nation Tribal
Council Grand Chief Verna Polson in speaking with APTN
<http://aptn.ca/news/2016/05/04/algonquin-first-nations-want-consultation-on-huge-ottawa-development/>
on May 4, and the Algonquin Nation Secretariat in a public letter to the
National Capital Commission
<http://ottawa.mediacoop.ca/story/sacred-chaudi%C3%A8re-falls-site-lebreton-flats-algonqu/35200>
on May 5.

The most important duty to consult – for a proposed development on a sacred
site on unceded land – rests with the federal government. In addition, some
of the land slated for development on the islands and on the Gatineau
shoreline is federally-held land by the National Capitial Commission and/or
Public Works Canada that cannot be legitimately transferred to a private
corporation without Algonquin consultation.

The Algonquin leadership is calling on all levels of government -
through a November
resolution by the Assembly of First Nations of Quebec and Labrador
<http://www.itissacred.ca/s/Resolution-Algonquin-Nation-sacred-waterfalls-area-ang.pdf>,
and a December resolution by the Assembly of First Nations
<http://www.itissacred.ca/s/AFN-RESOLUTION-49-Dec-82016.pdf> as a whole -
to honour the United Nations Declaration on the Rights of Indigenous
Peoples by entering into discussions to protect this sacred site and return
it to Algonquin stewardship.


*COMING UP*

For now, the *sa**cred walk of June 17* *led by Algonquin Elders* will help
maintain the momentum of these efforts. This planned massive show of
support is in coordination with the Cree youth walkers of the Journey of
Nishiyuu, who will be returning to Ottawa to help protect this sacred site
after their last visit in 2013 ending their 1600-km winter walk at the
height of the Idle No More movement that inspired the country. The walk
will start with ceremony on Victoria Island at 10am on Friday June 17, and
at 11am walk to Parliament Hill, where there will be speeches and more.
*Links:* ItIsSacred.ca <http://www.itissacred.ca/>
<http://www.itissacred.ca/>– Facebook event
<https://www.facebook.com/events/227969167582452/> – Facebook group
<https://www.facebook.com/groups/1718291061762475/>

In advance of June 17, the 'Stop Windmill' group is holding a *panel
discussion* entitled "Reconciliation Needs Justice: Stop Windmill's 'Zibi'
Condos on Sacred Algonquin Land." The event is the evening of Wednesday *June
8*, starting at 7pm at the main branch of the Ottawa Public Library. The
speakers will be Algonquin Elder Albert Dumont, former Ottawa City
Councillor Clive Doucet, and Stop Windmill member Cathy Remus.
*Links:* Facebook event <https://www.facebook.com/events/234648316907426/>
– Poster
<http://www.mediacoop.ca/sites/mediacoop.ca/files2/mc/june_8_poster_-_colour_-_v1_june_2016.pdf>


Algonquin Elder *Albert Dumont* will also be speaking on Monday *June 13*
starting at 7pm, at First United Church (347 Richmond Rd) hosted by the
Living Into Right Relations Circle. His talk will be about applying the
United Nations Declaration on the Rights of Indigenous Peoples to the
restoration of the sacred site.
*Link:* Poster
<http://www.mediacoop.ca/sites/mediacoop.ca/files2/mc/june_13_albert_dumont_0.pdf>

This weekend (*May 28-29*), the Freeing Chaudiere Falls and Its Islands
group ('Free The Falls') will have *information tables* at two community
events: on Saturday at the Great Glebe Garage Sale (table outside of the
Glebe Community Centre, 175 Third Ave) and on both Saturday and Sunday at
the Odawa Pow Wow <http://www.odawa.on.ca/powwow.html> (200 Moodie Rd,
south of the Queensway).


*FURTHER LINKS*
*for background information and updates*

It IS Sacred - June 17: itissacred.ca
Stop Windmill group: stopwindmill.ca
Free The Falls group: freethefalls.ca
The Asinabka Vision: asinabka.com
Algonquin Nation Secretariat releases: algonquinnation.ca/?page_id=242
Albert Dumont's writings: albertdumont.com/tag/chaudiere-falls/
EquitableEducation reporting/multimedia:
equitableeducation.ca/tag/chaudiere-falls
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.resist.ca/pipermail/indigsol/attachments/20160527/a140c552/attachment.html>