Windspeaker News Briefs - September

A DECISION ON AUG. 18 BY THE
Ontario Superior Court of Justice upholds the treaty rights of First Nation citizens in Grassy Narrows First Nation. Keewatin v. MNR determined that the province does not have jurisdiction to interfere with the First Nations’ inherent right to their land and that any negotiations with the nation are a federal responsibility, said the Chiefs of Ontario in a press release. “This ruling will add to other precedents being set, not only in Ontario but across the country, which affirm the inherent rights of the Indigenous peoples in this country and the federal duties associated with those rights,” said Regional Chief Angus Toulouse. The case began more than a decade ago following clear-cut logging attempts in Grassy Narrows’ territory. The community has since asserted its constitutionally protected treaty rights, continuously calling on the governments of Ontario and Canada to uphold the spirit and intent of Treaty #3. “There are many First Nations, whose lands are being clearcut, mined, and polluted against their will, that will hopefully benefit from this decision. First Nations have the right to maintain and strengthen their relationship with the land and, as noted in the decision, the federal government has failed in its duty to protect these rights. It is my sincere hope that this ruling signals a new period of recognition and protection for the Anishinaabe way of life in Northwestern Ontario,” Toulouse said. Assembly of First Nations (AFN) National Chief Shawn A-in-chut Atleo said “We support Grassy Narrows First Nation and all of Treaty #3 territory as they continue to protect their inherent and treaty rights and their traditional relationship with the land and rivers. We sincerely hope the outcome of this case will lead to a new relationship based on mutual respect, and an end to the unnecessary conflicts that have caused anguish and suffering to the citizens of Grassy Narrows and other impacted First Nation communities.” The Canadian Boreal Initiative also congratulated Grassy Narrows First Nation on their legal victory. “The commitment of the community of Grassy Narrows in their unwavering opposition to clearcut logging on its lands has been rewarded with a well-deserved victory in the courts that strongly supports their efforts to protect their lands and the Anishinaabe way of life,” said Executive Director Larry Innes. “It is now contingent on the governments of Canada and Ontario to recognize that treaty rights must be respected and protected, and to renew the treaty partnership with Grassy Narrows First Nation on that basis.”

IN ANOTHER DECISION FROM THE
Ontario Superior Court, two residential high schools were added to the list eligible for compensation under the Indian Residential Schools Settlement Agreement. Windigo First Nations Council, which spearheaded the court challenge, supported by Nishnawbe Aski Nation, called the Aug. 18 decision by Chief Justice Winkler precedent setting as the motion to determine the parameters for adding further schools to the IRSSA is the first motion to be decided across Canada. “This is a good solid victory for not only those who have been directly impacted by these particular schools but also First Nations across the country,” said NAN Deputy Grand Chief Mike Metatawabin. “This landmark decision paves the way for other First Nations people who have been institutionalized to be included in this national settlement and we hope they too will continue to fight for justice.” The 600 former students of Stirland Lake and Cristal Lake Residential High Schools will now be eligible for the Common Experience Payments and Independent Assessment processes offered under the settlement agreement. Susan Vella, legal counsel for Windigo and NAN says: “We are ready to assist these former students with pursuing their legal rights under the IRSSA. We are grateful to the court for rectifying the oversight in the IRSSA’s failure to include these schools in the original schedule of Indian Residential Schools.”

FORMER SUPREME COURT OF CANADA
Justice Frank Iacobucci has a new role to play. He will review the process for including individuals living in First Nations reserve communities on Ontario jury rolls. Iacobucci will review existing processes, hold consultations, evaluate best practices, and provide a final report within a year. Recommendations will also be made on how to enhance First Nations representation on the jury roll. “I look forward to working with our First Nations representatives, and all those who have an interest in this issue, to complete a review that is comprehensive and timely and addresses the unique challenges of ensuring a representative jury roll,” said Iacobucci. Stan Beardy, Nishnawbe Aski Nation grand chief, said he looked forward to working with Iacobucci and the ministry on the review. “Nishnawbe Aski Nation is committed on behalf of our people to ensuring fair and credible trial and inquest proceedings. Working with the government of Ontario to enhance meaningful First Nation participation in the Ontario justice system is an important step towards achieving this goal.”