M'Chigeeng challenges right of children's aid group to trespass

by Michael Erskine

WIKWEMIKONG-Dozens of placard-bearing First Nations members conducted a peaceful protest outside of the Wikwemikong and Gore Bay court houses last week.

The protesters were demonstrating in support of a M'Chigeeng First Nation motion to quash a warrant issued to the Children's Aid Society (CAS) allowing them to apprehend children on the reserve.

The issue came to a head when the CAS received a complaint from someone in the community about a mother who was under an undertaking to not drink-under a joint protocol worked out between First Nations and the CAS, a member of the First Nation's Child and Family Services must accompany the CAS during their investigation. The M'Chigeeng worker was unavailable at the time the CAS wished to investigate the allegations, and so, according to M'Chigeeng First Nation Chief Joe Hare, they endevoured to seek a warrant from the courts giving them access.

Although the children in question were given sanctuary in the M'Chigeeng band offices during the initial confrontation, band lawyer Susan Hare said the children were not "being hidden" on the reserve.

"No it's not like that at all," she said. "The children, as I understand it, are staying with relatives, not at their normal residence, but they are going about their normal business, conducting their normal lives; they are not hidden in any way."

The protests were conducted sequentially at both the Wikwemikong courthouse and the Gore Bay courthouse as the courts heard the motion being made by M'Chigeeng on the basis of notice and questioning the constitutionality of the access to First Nation territory afforded the CAS through the Child and Family Services Act.

The judge in the case has reserved ruling while some of the constitutional questions are ruled upon, essentially kicked upstairs for consideration.

In the meantime, the CAS and the band came to a negotiated settlement allowing the CAS to conduct a supervised interview with the family in question to determine the safety of the children. Safety of the children is the primary concern expressed by both parties, but the definition of safety imposed by the CAS, based, as the band asserts, on middle-class white values, is not always congruent with First Nation culture and reality.

"Obviously when it is something serious we call them (CAS) in ourselves," said band lawyer Susan Hare. "But the CAS has been lax on the notice issue. The law is set up for non-Natives, usually poor people who have limited access to legal services." The band, she notes, is far more sophisticated than that and they intend to insist on the letter of the law in these cases.

"We have more resources committed to looking after our youth-we counted it up and we have over 59 people, not counting teachers, who work directly with children," she said. "We are capable of looking after the children in our own community."

During the demonstration outside the Wikwemikong court, Union of Ontario Deputy Chief Glen Hare joined Chief Hare on the steps of the courts to add his support to the band's position. Glen Hare is himself a former chief of M'Chigeeng, and he is no stranger himself to the ongoing battle with CAS.

"We have gone from the 60s sweep to today," he said. "We have accomplished so much, we educate our children from JK to Grade 8 in M'Chigeeng-but we are still being treated like children ourselves when it comes to CAS and its power over our families and our children."

Deputy-chief Hare vowed to keep the pressure on the CAS until First Nation communities regain the power to ensure the health and safety of their communities most precious resource, their children.

"The most infuriating thing about all of this is the patronizing attitude that we face from the CAS in our dealings with them," agreed Ms. Hare. She continued to point out that the Jewish community is exempted from those same Child and Family Welfare Act provisions that the First Nations find so intrusive. "If they can look after the children in their community on religious and cultural grounds, why can't we?" she asked.

The CAS responded to the demonstration and the reaction they encountered from the M'Chigeeng band "with regrets."

"I am personally disappointed that they chose to do this in public," said CAS for the Sudbury Manitoulin Districts executive director David Rivard. "There is a protocol in place, and we have been working toward developing a protocol with the M'Chigeeng First Nation. Frankly, this caught us all a little out of the blue."

The CAS role, he noted, is to respond to any complaint, whether it comes from a professional or from the public. "To do anything otherwise would be to contravene the legislation which governs our own operations," he explained.

Chief Hare's rallying cry to his community, however, has been a defiant "Who are we? We are a kick-ass band!"

Co-op still dealing with pension issue

by Margo Little

MANITOULIN-Since its inception six decades ago, the Manitoulin Livestock Co-operative has weathered many difficult times; however, recent developments have threatened the very existence of the unique rural organization.

"It has been a very challenging year with many changes to take on," co-op board chair John McNaughton told the annual general meeting August 14. "It may be years before some of our issues are settled."

Of all the issues facing the co-op, the pension crisis remains the most daunting. In 2002 an internal report by the Financial Services Commission of Ontario (FSCO) raised serious questions about the Participating Co-operatives of Ontario Trusteed Pension Plan. At that time it was already clear that the plan lacked proper policies and procedures in the area of investment policies and practices.

By June 2003 panic was spreading among the 2,300 employees and pensioners relying on the plan. People who had worked hard and counted on a safety net in retirement found themselves fighting for survival. Cheques were cut from 50 percent to 75 percent in many cases.

As the situation heated up across the province, the Manitoulin co-op was forced to take a long hard look at local operations. They hired a management team from Xela Enterprises to update the organization's accounting systems and establish financial controls.

Mike Addison, Xela operations services manager, attended the Providence Bay annual meeting to update members and investors on the progress since November, 2005.

"When we took over we had to get caught up on the accounting," he explained. "It was important to get proper controls in place and get ready for the year end."

Although the management team is forecasting a modest surplus of $12,000 by the end of this year, Mr. Addison pointed out that another axe is ready to fall. A class action lawsuit was filed in February 2003 against current and former trustees of the Ontario Co-ops Trusteed Pension Plan. Also named in the suit are the plan's former investment consultant and asset manager, former and current custodian trustees and legal advisors of the fund. On February 10, 2005 the court said the suit could proceed.

Since the plan has only $64 million in assets and pension obligations of $120 million, small agricultural co-ops are scrambling for ways to handle the burden.

Although details are sketchy as of press time, Mr. Addison reported that an individual has been appointed to "bring the parties to the table" to find a solution to the pension issue. The government stops short of using the term "mediator" for the role, but Mr. Addison is hopeful that the process will net positive results.

"This pension (problem) has the potential to create serious hardship in rural Ontario," he said. "The potential loss of pension income, jobs, the goods and services that are currently being provided and the investor money would devastate many rural Ontario communities. We believe that the Ontario government is serious about finding a workable solution to the pension issue and we hope that they can put a solution in place soon to put our members, investors and employees minds at ease."

The Manitoulin board was scheduled to meet this week. As of press time, a new chair had not been announced. John McNaughton stepped down August 14 after five years of service.

"The new chairman of the board will no doubt be in for a very interesting term in office," Mr. Addison added. "Every week brings new challenges and opportunities that need to be addressed. We have tried to work very closely with the board over the past nine months to make sure they understand what is happening at all levels of the business."

He stressed that the island co-op has supported many groups, organizations and causes that are important to the people of Manitoulin since it came into being in 1944.

"The business has tried to maintain its commitment to the farming community as well as expand its vision to include the residents, businesses and visitors on our island. What we need right now to survive is a renewed commitment from our customers and our investors to help see us through this difficult time."

Mr. Addison's concerns are echoed by Hugh Moggy, current secretary of the board and a 35 year veteran of the co-op movement. He too is watching the mediation process carefully.

"If the pension issue could get settled, the co-op would be facing a better future," he said. "If the pension issue isn't settled, then we won't be able to re-finance. We hope it gets settled in the next three months but the problem started in 2003 and it hasn't advanced much since then."

With the security of 76 Manitoulin employees, and 1000 across the province in jeopardy, Mr. Moggy emphasizes the need for immediate action.

"The situation is serious and we are well aware of it. We have to re-finance and we have to get a strong plan in place for all our businesses. It might mean some difficult changes; it's not going to be easy but we are encouraged that with the help of Xela we can make this happen."

Since he was a co-op general manager for 13 years, Mr. Moggy has a long standing personal and professional interest in preserving the co-op tradition.

"I care a lot about the co-op's future. It has been very disheartening to see the current situation. We want to move ahead and to prosper."

Meanwhile, prosperity remains elusive for the many farmers who relied upon the annual cattle sale in Little Current. The co-op board of directors announced cancellation of the fall event because of severe storm damage July 17.

"We were unable to hold the sale because we weren't sure it would be a safe operation by September 8," Mr. McNaughton reiterated at the annual meeting. "The grandstands were knocked over and the high winds took off a section of the roof. In addition, some of the poles are rotting. We don't feel it is safe. We would have to take it down and replace it and after the storm it was almost impossible to get contractors to do the repairs."

Xela executive Roy Graham also addressed the issue.

"The cattle sale used to be a volunteer service," he noted. "But the co-op is a for-profit entity.The only way to put on a sale is to spend money on repairs. It's not economical to do it. Even if it is run by volunteers, there's still a huge insurance liability cost involved. Given the current economic situation of the co-op, it's just not possible to do it this year."

As the meeting wrapped up, Mr. Graham underscored his staff's sense of urgency for his listeners. He left them with several questions to ponder: Should we stick with it or bail out? Should we liquidate and pay everyone off or stay the course? Should we re-invent ourselves in light of current conditions?

The members and investors dispersed knowing that crucial decisions for the Manitoulin Co-op must be made by Christmas.

A letter writing campaign has been launched to encourage the McGuinty government to resolve the pension crisis before it heads to the Supreme Court.

CPR's Goat Island under contract sale

by Jim Moodie

GOAT ISLAND-Rumours regularly swirl regarding a possible change of ownership at Goat Island, but this time the scuttlebut appears to have some validity.

"I can confirm that the Goat Island property is currently under contract for sale," said Ed Greenberg, media relations officer with Canadian Pacific Railway (CPR), which owns the former coal transhipment centre and docks, located directly across the channel from Little Current.

"There's a conditional sale in place," Mr. Greenberg said, "but right now we're in the due diligence phase, so I'm not in a position to provide any further details regarding the potential purchaser. We're in the midst of it right now."

Speculation has been that Alexander Centre Industries Limited (ACIL), which operates the port at Fisher Harbour on neighbouring LaCloche Island, could be the party interested in buying the property, but no confirmation of that has been provided.

When asked whether ACIL might be pursuing an acquisition of Goat Island, Mac Sinclair, legal counsel for the firm, said, "no comment."

Attempts were made to reach Jamie Wallace, chairman of ACIL, but no response was received by press time.

Goat Island was a busy port at one time and a significant local employer, with coal being unloaded from boats for transport elsewhere, and iron ore and zinc coming by rail to be transferred to barges. But the property has lain fallow for some years now.

The rail tracks were removed when Highway 6 was realigned, as was some of the equipment previously associated with the coal trade. The facility's docks, built of reinforced concrete, have seen only infrequent use over the past few years by fishing tugs and other work boats.

ACIL is currently negotiating with the Ministry of Natural Resources to renew a water lot lease at its Fisher Harbour site. The previous 30-year lease expired in 2004, and the company is interested in either owning the water lot outright, or acquiring another long-term lease. The second draft of an environmental study, funded by ACIL, is expected to be filed soon.

EDITORIAL

Past time for Native control of child welfare

The frustration apparent in the recent protest demonstrations by Chief Joe Hare and members of the M'Chigeeng band outside the Island courts-where a band motion to quash a Children's Aid Society (CAS) warrant was being heard-highlights something that is long overdue: the transfer of child welfare services to First Nation communities.

The primary concerns of the Children's Aid Society are indeed laudable, being as they are the protection of children from abuse and harm. But to suggest that the First Nations are incapable or somehow 'not ready' to assume a role they fulfilled for thousands of years prior to European contact, and a role which many Native social workers currently fill as employees of the CAS, is specious.

Not that there is anyone making the claim that First Nations are not capable, and the CAS is staunchly on the public record as being in favour of such an eventuality-yet the event has yet to come to pass despite a decade or more of preparation in the form of Kina Gbezgomi and child and family services workers working for First Nation communities.

Arguments against transferring control of child welfare to the First Nations are not made, most likely because any such argument would reek of the very patronization that members of the First Nation communities often cite as manifestations of neo-colonial attitudes within 'white' society.

The precedence set in the form of Catholic and Jewish exemptions from the CAS clearly taints any reluctance to allow the same cultural control over the welfare of the children for the First Nations.

So what is the holdup? Why has this transfer of fundamental social responsibility, that nearly everyone is in favour of, not happened?

The failure to adequately respond to these queries with a rational argument suggests that it is past time for that control to be transferred.

Over 80 percent of the caseload of the CAS on Manitoulin is connected with First Nation children, if statistics cited by advocates are to be accepted. Privacy issues make verification of those claims difficult at best, but even if that number is close to being accurate, it strengthens the case for transferring power, and the funding to exercise that power, to the communities involved.

Susan Hare, the M'Chigeeng counsel in the current dispute, makes the argument that the First Nations do not want a 'brown CAS,' but rather an agency that better reflects the culture and traditional social mores of Indigenous peoples. Only ignorance-a lack of familiarity with that culture-makes that argument anathema. The First Nations deserve to be entrusted with that fundamental sovereignty-it is past time.

LETTERS TO THE EDITOR

Use of band letterhead to campaign inappropriate

The other 57 candidates in Wikwemikong's election deserve consideration

To the Expositor:

To all Wikwemikong band members:

A recent letter from Chief Robert Corbiere dated July 25 was sent to off-reserve band members. He identifies only seven people whom he wants supported in the upcoming Wikwemikong band election of August 26. The letter seeks to have "official" status by being printed on Wikwemikong Unceded Indian Reserve letterhead.

There are more than these seven individuals who deserve consideration on election day. There are 64 band members in total who are candidates running  for a position on band council. We do not know why the chief has chosen to ignore the balance of 57 candidates who have made a commitment to run for election. This exclusion is totally unacceptable and unfair to the remaining candidates for council. There are 12 band council seats that need to be filled, not seven.

For Chief Robert Corbiere to only name these seven individuals and plead band members' support for only them clearly lacks respect and decency by failing to identify the remaining 57 candidates. This, at the very least, is shameful, as is the fact that he attempts to give his effort credibility by the unauthorized use of band office letterhead for political gain.

Within the list of candidates for band council are individuals who may not have the financial resources to cover the campaign costs for mail-outs. Perhaps they would have appreciated the same benefits as the select seven endorsed by Chief Robert Corbiere.

Although the remaining 57 candidates were not mentioned in the official correspondence from the chief's office, they still deserve consideration as candidates for this upcoming election. We all have knowledge about community issues; have the ability to serve in the best interest of Wikwemikong; to discuss and review any issues presented to them; and want to work for the people, with the people.

I hope this will assist you in making a fair and informed decision on August 26. Let's work and govern together. Let's build a stronger nation together. Let's not remain status quo for another 40 years.

Gladys Wakegijig

Ray J. Jackson

Gilbert Dokum

Allison Manitowabi

Daniel Rivers

Daryl King

Seventh Angel weighs into religious debate

In my father's house are many mansions!

To the Expositor:

It is with a sense of appreciation that I read the contribution made by Bert Hill in his deeper dialogue embracing Christian biblical lore.

Let the debate begin, as it has already initiated some further response in the mystery and purpose of mankind's earthly existence. In my Father's house are many mansions. If it were not so I would not tell you.

Firstly though, let me correct an ugly rumour in the chronological history of the Providence Bay lighthouse that circulated at the time of its departure. It seems rumour had it that the fire that consumed this heritage site was started by rubbing two sticks together. This was an error in fact and possibly in law because I know it was, in fact, a match from an old Peace Piper that was used. I want to remind the good people of Providence Bay and also the bad that the Providence Bay lighthouse faithfully served its purpose as a beacon of faith and hope for mariners and fishermen. Why, I remember once while commercial fishing with Joe Davis we rowed five miles towards the glow, glimmering in the distance. However, it has gone on to greater glory and will probably testify in future historical importance more so than many of the Great Lake lighthouses with the exception possibly of the Mississagi lighthouse at the other end of the Menorah spectrum on the Great Spirit Circle Trail.

But I digress. It was my intention to thank and compliment James Hart who picked up the baton in the marathon relay race or dialogue and added to the therapeutic and educational value. I am indebted also to the in-depth voyage of discovery into the Christadelphian camp as conducted by Mike Erskine's editorial. I believe this approach to spiritual dialogue and being allowed to pursue their faith in peace, security and civility and spread their message is a far better and saner way than imposing a democracy deficit or capitalistic way of life on the Mid east at the point of a gun, and will probably prove more successful in the long run.

It takes a global village to raise a child. I am thankful I have had the opportunity to study the true Islamic religion and not the extremist or politicized version. The Almighty Creator, the Great Manitou, Allah, Jehovah, the One Almighty, sometimes referred to as god and I have the thumb to prove it, will be more than pleased when the contributing voices are raised in unison and the circle of God is completed.

It is not my wish to offend. In fact, I too find it distasteful, but I do wish to point out to you professed Christians who can put on your good Samaritan cloak as easy as a Sunday go to meetin' hat and safely cross to the other side where the chicken avian flu is not as apt to get you, that as a group dogma your Jim Jones acceptance and furthering the false doctrine of the Hollywood stereotype of the Four Horsemen is a heresy as impoverished as the Imam's Sharia Law.

There is nothing so beautiful or colourful as a rainbow trout as a many splendoured thing when it rises in the morning sunlight to take the fly that has been flicked over the top of the water.

Who dares not to offend cannot be honest? One thing about writing a letter to the editor, if you can get it published it is almost as good as a smoke signal. I should also like to thank the First Nations for sharing their culture and their reverence of Mother Earth and Mother Nature with me, which is the only home the future generation have if the politicians don't destroy it first. In closing I point out that for an individual or group that dares to expose themselves they can be as beautiful as a rainbow trout or a peacock. And who knows, it has been said the voice of the people is the voice of God, and whether God is a figment of the imagination or we are all figments of God's imagination as the heavenly father as we were once only a gleam in the eye of our earthly father, the more fully the debate, the greater the levity in all things spiritual and serious unless of course you worship the golden calf where only money talks.

Which came first, the chicken or the egg? How many angels can dance on the head of a pin? More fun than a barrel of monkeys? As Rickety Rumpelstiltskin McCutcheon, the publisher of the Expositor might say, "If I was an amateur magician I might reach into the hat and pull out a tortoise!" Oh well, Betty, you just get turned around and there you are.

George Washington Strain,

the 7th angel

Providence Bay

Handicapped zones remain unpainted

Shame on the Northeast Town for their lack of consideration of the elderly and disabled

To the Expositor:

In mid-June, I called the office of the Town of Northeast Manitoulin and the Islands and asked if the handicapped parking spaces downtown were going to be re-painted this year. I was told this would be done.

In mid-July I called again with the same question and once again got the same answer.

Summer is almost over and the spaces remain unpainted. I shouldn't have to call the town office or write this letter regarding this issue. It is something that should be done every spring.

Shame on the town for their lack of consideration for the elderly and disabled in this community.

Chris Tilson

Honora Bay