A law becomes a responsibility to KI

It’s Kitchenuhmaykoosib Inninuwug’s (K.I’s) own law, which translates from Oji-Cree to mean “I’m looking after my land.”

The community ratified its Watershed Declaration and Consultation Protocol July 5. Both documents were ratified with a resounding 96 per cent of the votes in a community referendum.

The water declaration is to protect 13,025 square kilometres of lakes, rivers, forests and wetlands in the KI territory. The consultation protocol sets out how consent will be given before any decisions are made about lands and resources.

The documents are K.I’s solution to more than a decade of struggling with mining companies, provincial permitting systems and court rulings. The formalized community laws mean the First Nation is continuing to stand up for itself.

KI spokesperson John Cutfeet said the protocol and declaration “means any type of development will have to go through the K.I processes to determine whether they are detrimental or beneficial to Kitchenuhmaykoosib Inninuwug.”

The declaration and consultation protocol are a direct result of K.I’s experiences in dealing with industry and the provincial government in the Treaty 9 area of Ontario.

The community had been fighting mining exploration in their traditional territory for about a decade.

“One of the concerns we had (with) the drilling program that was happening in that territory is that there’s a river system that feeds into the main lake which is where we live,” Cutfeet said.

The community took a mining company to court over its exploratory drilling program, because KI hadn’t been consulted about the project. After a lengthy litigation process, the community opted out of the courts because they could no longer afford the hefty legal expenses.
In that case, Cutfeet said, the court ended up ruling that the company could have access to the territory without interference from Kitchenuhmaykoosib Inninuwug.

That decision didn’t sit well with the community. The leaders blocked the company from conducting its drilling program. Then, that’s when the ‘KI6’, as they came to be known as, were jailed for contempt of court.

That issue quickly went to the Ontario Court of Appeal where the lower court decision was overturned.

“Court ruled that there was a duty to negotiate in good faith on the power of the Crown and ensure that Aboriginal interests were reconciled with other competing interests.”

But the community wasn’t sitting around waiting for the courts, the province or Canada to decide their fate. They wanted to look after the land, and more specifically, the water. The process to develop the Watershed Declaration and Consultation Protocol began while community leaders were incarcerated.

Looking after the land is very important to the community of about 1,500 because many of the families rely on it. Cutfeet said many families continue to hunt, trap, fish and harvest in the area and development would disrupt those activities.

Ontario Minister of Northern Development, Mines and Forestry, Micheal Gravelle, issued a statement to media after the community referendum in K.I.
NetNewsLedger.com quotes the minister as saying, “Our government takes KI’s concerns about lands and resources very seriously. Ontario respects Aboriginal and treaty rights and is committed to meeting the province’s constitutional and other obligations in respect of Aboriginal peoples.”

But words from the minister are confusing, said Cutfeet, since permits have since been granted for access to the territory.

A meeting has been set up for early September between government and community officials to talk about the situation.

The KI declaration and consultation protocol have the support of other organizations throughout the province.
The Council of Canadians has lent its support of the community’s laws.

Mark Calzavara, regional organizer for the Council of Canadians, said “The watershed declaration is very important, and it’s what the whole world has to do ... The idea of putting our world, our environment ahead of greed and making money is key to our survival as a species.”

During the development of the protocol and declaration, Cutfeet said the documents had a lot of input from Elders in the community. The Elders wanted to ensure the documents came directly from K.I, made under their jurisdiction and authority to become laws of the community.

During the community consultation phase, another supporting organization, Earthroots, helped out a bit. Earthroots is a grassroots organization in Ontario whose goal it is to protect the environment.

And K.I Elders left a lasting impression with David Sone, Earthroots campaigner.

Remembering his time in K.I, Sone says, “The part that stands out most to me is the way people, especially Elders, talk about water as a relationship. It’s not only something they require to drink, but it’s something they also have obligations to, and have both a physical and spiritual relationship with.”

That’s also the main reason for K.I’s Watershed Declaration and Consultation Protocol. Cutfeet said the documents are now K.I Indigenous law, which is ‘Kanawayandan D’aaki’ and it’s their duty and sacred responsibility to look after the land.