Ardoch Algonquin First Nation Final Negotiation Report

Final Negotiation Report – February 3, 2008

Kwey Kwey Members of the Ardoch Algonquin First Nation

I am writing to you because after 8 weeks of mediated negotiations with Ontario we have failed to reach an agreement to create a process for consultation and accommodation concerning the proposed Uranium exploration near Crotch Lake (Robertsville). It is now time to take direct action again to secure the area so that no further encroachment occurs on our ancestral homeland.Since early December, Jack LaPointe and I, with our Lawyer, Chris Reid, have met with the Shabot Obadjiwan negotiation team and Ontario negotiators. Frontenac Ventures did not attend the negotiation session although they had entered into the process as a recognized party. During the negotiations, members of our Family Heads Council have attended to observe the discussions.

Ardoch took the position that the process of consultation should have begun before Ontario permitted any exploration activity in our homeland. There is clear direction from the Supreme Court of Canada that describes such a duty of provincial governments to consult and then accommodate Aboriginal interests when development is anticipated. We have argued that by permitting Frontenac Ventures to stake mining claims Ontario has failed in this duty to consult. We placed on the table two plans which would allow Ontario to meet their obligations through jointly establishing a consultation process. Both of these plans were dismissed by Ontario without discussion. Ontario’s negotiator and lawyers maintained that there was not a duty to consult or that if a duty to consult existed the present court actions brought by Frontenac Ventures minimized any obligation on the part of Ontario.

After 7 weeks of negotiations, Ontario conceded that a consultation process must begin with the possibility that a wide range of possible outcomes, one of which might be that no further exploration, could take place. This meant that during the consultation process no drilling or intrusive work would be carried out. Both Ardoch and Shabot also conceded that after an extensive consultation which included research, information sharing and identification of community values that there might be the possibility of continued exploration including drilling. With this mutual understanding in place we began work in the 8th week on developing a joint framework for consultation. At this point the Mediator, Richard Moore, commented that this was the most productive work which had been done during the negotiations.

The failure of the negotiations came at the end of the second day of hammering out the beginnings of a framework for consultation. At the end of the session I asked Cam Clark, the Ontario negotiator, if we still had an understanding that there was a possibility after consultation that no drilling would take place. His answer was “No, some drilling will need to happen even during the consultation process”. This tactic of “bait and switch” was the principle method that Mr. Clark had used from the start when advancing Ontario’s position. Although it might be acceptable for selling used car sales, it is not acceptable at this level of negotiations. This tactic is simply bargaining in bad faith. Ontario expected that Ardoch and Shabot Obadjiwan would bow to its authority and not react to this deception. It didn’t work that way. The following day (Wednesday) we emailed Mr. Clark and asked him to reaffirm in writing the original agreement and if he wouldn’t then we would not attend further negotiation sessions. Mr. Clark made no reply. By Friday, Ontario contacted Shabot’s Lawyer and proposed a telephone conference. Chief Davis joined the discussion. Apparently, Ontario offered to continue consultation with Shabot with the promise of some land withdrawal as long as drilling could take place. Chief Davis declined the offer in “no uncertain terms” and stated that her community would take action to block entry to the Robertsville site immediately. On Saturday, the two communities met and agreed to work together to re-secure the site.

Our present strategy is to hold two observation posts on a 24/7 basis. We have trained intervention teams which will be alerted if drilling equipment is spotted. We are organizing a roster of Ardoch members which will be harmonized with lists from Shabot and the settler groups. We need help. We need committed people who can take 6 hours now and then out of their busy lives to help watch. This is a non-violent action and we do not expect people to put themselves in harms way. You will not be expected to trespass on private property, engage in confrontation or endanger yourself. However, it looks as though we are in this for a long haul and we need to rely on Ardoch Algonquins to take an active role. When you join us you will be on the front line of saving our homes, our homeland and the planet. It doesn’t get much more up front and personal than this. Please volunteer to help.

Please volunteer and become part of history. Contact me.

Robert Lovelace 613-374-5598
Chief Negotiator, Ardoch Algonquin First Nation

Or

Mireille and Jack LaPointe 613-273-3530
Members, Ardoch Algonquin First Nation