[IPSM] OCAP Statement in Support of KI and AAFN First Nations

[stef at tao.ca]

Hon. Michael Bryant,
Minister of Aboriginal Affairs, Ontario
803 St. Clair Ave W.,
Toronto ON M6C 1B9
416-326-4740
416-656-0943
Fax: 416-656-0875
Email:mbryant.mpp.co at liberal.ola.org

March 30, 2008

To: Minister Bryant

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