Protecting treaty rights at every turn

Iskatewizaagegan Independent First Nation in Ontario is working to protect it inherent and treaty rights in the Shoal Lake watershed area of their territory.

Chief Eli Mandamin sent letters to two companies conducting business within the watershed that have significant impacts on the Nation’s inherent and treaty rights, as well as long-term implication for the environmental health of the area, he said.

The companies are Royal Lake Resorts, Inc. and Tabl’eau Filtered Water. Both are Manitoba-based companies that are conducting businesses using the nation’s resources, Iskatewizaagegan insists.

Royal Lake Resorts is a planned upscale waterfront development on Royal Lake in Ontario. Royal Lake is within the Shoal Lake watershed and the development is located on the north side of Highway 17 (TransCanada Highway).

“It has become a contentious focal point in the negotiations between the nation and Ontario Ministry of Transportation concerning a planned twinning of Highway 17 from the Manitoba border to Rush Bay, Ont.,” a press statement reads.

A significant portion of the highway design plans to route the proposed expansion south of the existing highway and into an area that the nation says will threaten fresh water springs and an important spiritual site.

In the case of Tabl’eau Filtered Water, the nation recently became aware of this company and its plans to take Shoal Lake water, bottle it and market it overseas.

In a letter dated Jan. 30, Mandamin has notified the company that their plans are unacceptable saying “we hereby request that you cease and desist in this effort to misuse our water, and failure to do so may result in legal action being taken.”

The nation views this company’s efforts as a continuing violation of the terms and conditions for use of Shoal Lake water. The nation says the International Joint Commission made it clear that water from Shoal Lake was to be used only for Winnipeg, St. Boniface, Transcona, Assiniboia, Fort Garry, St. Vital and Kildonan, not the United Arab Emirates where the water company plans to sell the product.

It is the nation’s position that corporations, or other business entities, are subject to the legal mandate of consultation and accommodation as much as governments are, the statement reads. In the Treaty 3 territory this mandate is further heightened by the following treaty requirement:

“Her Majesty reserves the right to deal with such settlers as She shall deem just so as not to diminish the extent of land allotted to Indians; and provided also that the aforesaid reserves of lands, or any interest or right therein or appurtenant thereto, may be sold, leased or otherwise disposed of by the said Government for the use and benefit of the said Indians, with the consent of the Indians entitled thereto first had and obtained.”

The chief said he hopes that the companies see the wisdom of complying and choose to meet with the chief and council.