Anishinawbe Blog

First nations chief wants bigger role in energy development, generation and transmission

By JOE FRIESEN
Globe and Mail
November 18, 2008

The power lines that stretch across Northern Ontario, and the ones that will eventually transport much of the additional electricity needed to fuel the province’s growth, all run through the traditional territory of Ontario’s first nations.

Anishinabek Grand Chief John Beaucage sees those vast fields of energy as the key to achieving economic equality for his people.

His plan includes building wind farms to capture the powerful currents that sweep through native territory on the shores of Lake Superior, Lake Huron and elsewhere, many of them considered prime areas for wind capture. He’s also keenly interested in the proposed east-west hydroelectric grid that would connect Ontario to the Conawapa hydro project in Northern Manitoba, and bring possibly billions of dollars worth of power to the province.

Over the past two decades in the U.S. many native bands prospered by building casinos, while Canadian groups, mostly left out of the economy, looked on with envy.

As Mr. Beaucage put it recently: “Energy development, generation and transmission will be our casino.”

Part of Mr. Beaucage’s vision would be to give first nations the power to tax development on their lands.

An economist who spent many years working at Canada Mortgage and Housing Corp., Mr. Beaucage is comfortable in the world of business. He is one of a growing number of native leaders who see economic success as a path to sovereignty. Already some first nations in Alberta are being taken on board as partners in gas pipeline construction, and last week chiefs from across Canada signed a memorandum of understanding with the Chinese government on resource extraction in their territories.

Ontario’s first nations will soon present Ontario Premier Dalton McGuinty with a proposal that would require that any investment in energy guarantee some form of partnership with native people, and give preference to projects with significant native involvement.

“Years ago, a first nation would be pleased with a 5- or 10-per-cent stake in a project of this type, and usually we didn’t get anything. Today, we seek a controlling interest,” Mr. Beaucage told a roomful of major players in the energy sector at a luncheon held by the Ontario Energy Network in late October. Although he was firm in asserting his vision of aboriginal rights, he did his best to reassure his audience that first nations don’t want to stifle economic development, but rather they want to share in its benefits.

It’s an argument he believes is founded in the power of the treaties.

“When my ancestors signed those treaties 158 years ago, that person did not think they were condemning their descendants to poverty forever after. It was to share in the wealth with the newcomers,” he said. “For first nations there was no concept of land ownership or land surrender.”

One of his most interesting ideas is to create a mechanism for first nations to tax development anywhere on their traditional territories, which typically extend for hundreds of kilometres around a reserve settlement. That could mean that every hydro pole and power line would be subject to some form of duty.

A provision to tax already exists on-reserve, but it isn’t widely used and has never been extended beyond the reserve’s borders. Mr. Beaucage believes it could be a way to promote first nations’ autonomy.

“We do have to look at how we are going to tax organizations, corporations, land users on our territories, and how we can start deriving income to our communities from tax,” he said.

Recent court decisions have consistently reinforced the duty of the Crown and private enterprise to consult and accommodate first nations about development on their lands. Those questions have recently produced long standoffs, such as the mining dispute involving the Kitchenuhmaykoosib Inninuwug First Nation.

Mr. Beaucage said the energy sector is eager to work with, rather than against, natives to get their projects under way.

“Some of the past wrongs are starting to be righted now, and we want to be part of that,” he said.

TORONTO, Nov. 19 /CNW/ – The First Nations of the Anishinabek Nation have taken the duty to consult into their own hands, pledging to engage their leadership and citizens on the modernization of the Ontario Mining Act.
�
“We have tremendous concerns over the Crown’s consultation process on this matter,” said Grand Council Chief John Beaucage. “However, this issue of mining and development in our traditional territory is so important to our communities that we will undertake our own engagement process.”

Last week, Grand Council Chief John Beaucage, agreed to a deal with the Province of Ontario that would extend the consultations on the proposed changes to Mining Act to January 15, 2009. The agreement also ensures that the Anishinabek Nation will participate in the drafting process of the bill which will be considered by the Ontario Legislature.

“Our goal is to seek input from our leaders and citizens in order to make an informed submission and recommendations on changes to the Mining Act,” said Beaucage. “We are taking this unique step of engaging our communities in order to fully participate in this unprecedented opportunity to make direct changes to legislation.”

The Anishinabek Nation discussed their consultation framework during a Special Chiefs meeting held near London last week. The Chiefs discussed a process that includes the appointment of a Working Group that will lead the development of the community engagement strategy, facilitate engagement sessions, and guide the research and development of the final report which will be delivered to the Anishinabek Nation Chiefs, the Premier, Minister of Northern Development and Mines, and all members of the Ontario Legislature. The Ontario Ministry of Northern Development and Mines will participate in the Working Group and all of the community engagement sessions.

Today, the Chiefs of Ontario will contemplate a resolution addressing Ontario’s approach to the consultations regarding the Ontario Mining Act.

“Make no mistake – our Chiefs have said it, and indeed all the Chiefs in Ontario have said it – the Crown has failed to meet their legal duty to consult and accommodate First Nations’ interests with regard to the changes to the Mining Act,” said Grand Council Chief Beaucage. “Through this process, we are not stepping in to absolve the Crown of their duty to consult. We are doing this for ourselves,” said Grand Council Chief Beaucage.

Over the past decade, First Nations have expressed concern over prospecting, exploration, and granting of permits and leases; all processes arising from the Ontario Mining Act, one of the oldest pieces of legislation in Ontario. This culminated in a number of high profile situations, including the plight of Kitchenuhmaykoosib Inninuwug, who had their Chief and Council jailed for refusing mining development in their traditional territory.

The Anishinabek Nation was among a coordinated lobby that successfully called for a review and subsequent changes to the Ontario Mining Act.

The Anishinabek Nation community engagement sessions have been scheduled as follows:
December 2, Ojibways of Garden River/Sault Ste. Marie
December 3, Sagamok Anishnawbek
December 5, Whitefish Lake First Nation/Sudbury
December 8, Curve Lake First Nation
December 12, Chippewas of Rama
December 15, Chippewas of Aamjiwnaang/Sarnia
January 6, Fort William/Thunder Bay
January 7, Lake Helen First Nation
January 8, Ojibways of Pic River
   �
The Anishinabek Nation incorporated the Union of Ontario Indians as its secretariat in 1949. The UOI is a political advocate for 42 member First Nations across Ontario. The Union of Ontario Indians is the oldest political organization in Ontario and can trace its roots back to the Confederacy of Three Fires, which existed long before European contact.

CHIPPEWAS OF THE THAMES (November 12, 2008) – The Anishinabek Nation and the Government of Ontario have taken another step in furthering their government-to-government relationship through a new bilateral process.

Today, Grand Council Chief John Beaucage, on behalf of the 42 member First Nations of the Anishinabek Nation and The Honourable Brad Duguid, Minister of Aboriginal Affairs signed an agreement establishing the Anishinabek-Ontario Protocol Roundtable that will create a new formal dialogue between First Nations and the Crown.  The process will also be known as the “Anishinabek Table”.

“This table will strengthen our relationship with the Anishinabek Nation,” said Minister Brad Duguid, who participated in the joint announcement at the Anishinabek Nation’s Special Chiefs Assembly on the Chippewas of the Thames territory outside London, Ontario. “A stronger relationship will allow us to work together to create economic opportunities and address social issues within the Anishinabek Nation.”

“The Anishinabek Table will strengthen our relationship with the Crown as we advance towards our goal of self-government,” said Grand Council Chief Beaucage.

The Minister and Grand Council Chief will meet twice yearly to set priorities for Anishinabek Table discussion under six broad themes: Health Issues, Social Issues, Education, Lands, Resources and Environment, Government Relations and Communications.

Grand Council Chief Beaucage stressed the importance of ongoing dialogue seeking resolution between Ontario and the Anishinabek on issues of mutual concern, which he said can only serve to “promote respect, understanding, cooperation and good governance”.

“As we work towards self-government, there will always be a need for First Nations to maintain good working relationships with Ontario. This Roundtable process will allow us to formally track and implement our joint work plans,” he added.

The Anishinabek Nation has similar agreements with the Ontario Ministry of Natural Resources that led to the establishment of the Anishinabek-Ontario Resource Management Council and the Anishinabek-Ontario Fisheries Resource Centre.

Minister Duguid said these types of protocols have been “both valuable and successful for the Anishinabek Nation and Ontario in the past.”

“I expect and look forward to similar results between the Anishinabek and our Ministry,” he added.

The Anishinabek Nation incorporated the Union of Ontario Indians as its secretariat in 1949. The UOI is a political advocate for 42 member First Nations across Ontario. The Union of Ontario Indians is the oldest political organization in Ontario and can trace its roots back to the Confederacy of Three Fires, which existed long before European contact.