M'Chigeeng wins custom election dispute

by Cheryl Waugh

M'CHIGEENG --- M'Chigeeng's dispute with the Ministry of Indian and Northern Affairs Canada over a custom election policy is over.

The two sides came to an agreement last Monday, February 9, and Band Council signed the agreement with the ministry that night at its council meeting. "We want recognition of the leadership right away," said Chief Glen Hare. "We don't want a snap election because we just had an election in September. We want to finish our term. We also want whatever monies has been owed to us or held back because of this dispute."

Chief Hare said he is relieved that the long process is finally over. "Our approach now becomes to advance the community, which has been stalled since the lack of an agreement."

Prior to the agreement, the Ministry of Indian and Northern Affairs Canada (INAC) did not recognize the legitimacy of the M'Chigeeng elections since September 29, 2001, as they felt that M'Chigeeng had not complied with a Supreme Court verdict of May, 1999, known as the Corbiere decision. The Corbiere decision gave off-reserve members the right to vote in band elections, and the federal government has pushed for the use of mail-in ballots for elections.

"The mail-in ballots was a big one for INAC," said Chief Hare. "They wanted a mail-in vote. The rest of our custom election policy is fine. There were 14 issues from day one, but the mail-in issue was the biggest. The others were workable."

Band members living off reserve will have to register in M'Chigeeng in order to receive a ballot. "We want to know who is voting for the leadership in our community," said Chief Hare. "It's a good step. If they don't want to register, well, that's up to them. Whoever wants to vote must register."

He said the band still has to develop procedures for registration. "Now the work begins to implement what we agreed upon," said Chief Hare. "For me it has been a long process, and a learning process, but I'm satisfied with the outcome, so let's move on."

The next step for M'Chigeeng, he said, is to begin bi-lateral talks on self-government with INAC. "It will be a long process, but we're ready for it. We've been working on this for 10 years, or there about. It's what we want for M'Chigeeng."

He said the community wants an opportunity to make its own laws for its people. "Everything has to be blessed by Ottawa, except our membership code. We have our own code," said Chief Hare. "We want to chart our own way. We don't want to write to Ottawa every time we want to do something."

He said the only bylaw that M'Chigeeng has been allowed to develop on its own was a dog bylaw. "We were allowed to do that," he said.

For now, just getting M'Chigeeng back on its feet financially is a priority, as funds were held back from the community until the dispute with INAC was settled. "Hopefully, everything will be released, funding wise, and things can be settled in our community again," said Chief Hare. "We want to go back to business."

Fisher Harbour

by Neil Zacharjewicz

NORTHEASTERN MANITOULIN and the ISLANDS - Alexander Centre Industries Ltd. will do whatever it can to mitigate the concerns of those opposed to a proposal to ship nickel concentrate from Voisey's Bay through Fisher Harbour, company president Mark McGoey has vowed.

At a public meeting organized by council for the Town of Northeastern Manitoulin and the Islands to discuss the issue of Fisher Harbour, held at the Little Current-Howland Recreation Centre on Monday, February 16, Mr. McGoey characterized Alexander Centre Industries Ltd. as a good corporate citizen that plans to hire locally and support local business.

However, several residents expressed concern that some items the company has applied to have added to the commodities list for the property are already being shipped through the site, and they wanted answers as to whether the company was allowed to be doing so.

"I'll be honest, the Ministry of Natural Resources (MNR) comes out looking kind of bad here," said Brian Riche, acting area supervisor for the ministry. He pointed out that, while the situation occurred before his time at the Espanola office, he has been unable to find any documentation allowing Alexander Centre Industries Ltd. to ship bulk salt or silica sand through Fisher Harbour. In fact, the company has been doing so against their Crown water lease. The ministry has tried to resolve the situation through discussions with the company, but a solution has never been reached. Mr. Riche noted that the issue of shipping bulk salt and silica sand will now have to be dealt with for the process to proceed.

When the Environmental Assessment was first done on Fisher Harbour in 1974, Mr. Riche noted, one of the things to come out of that process was the original commodities list for the Crown water lease.

"It is the only water lease we have in the Espanola and Sudbury area with a commodities list on it," he pointed out.

At the outset of the meeting, Mr. McGoey had tried to address a number of issues raised at a public meeting held on January 20 to deal with an amendment to a town zoning by-law, which limits Alexander Centre Industries Ltd. to buildings under 12 metres in height. At that time, several concerned residents from Ward One, the Whitefish River First Nation, and the Town of Espanola expressed concern with regard to the impact on the environment, traffic concerns, and the proximity to several areas of cultural importance to the neighbouring First Nations community.

Mr. McGoey explained that the proposed structure will stand 145 feet by 650 feet, and will stand a maximum of 100 feet high. "The building will be of the highest standards," he said, meeting an International Organization of Standards (ISO) rating of 1401, the highest standard in the world.

While Mr. McGoey admitted the company recognizes the concerns with regard to traffic safety, he said he did not believe that 14 more trucks per day would have any more of an impact on Highway 6 than the 100 trucks per day heading to the mill in Espanola.

On the issue of environmental concerns, Mr. McGoey pointed out that the company is required to submit an Environmental Assessment for the project to the MNR by March 1st. The assessment, he noted, will be open to anyone for inspection.

"Seaway Marine, our partners in this proposal, have been shipping on the Great Lakes for many, many years," he said. He pointed out that Seaway Marine is also ISO certified, and that the company is required to meet Transport Canada standards, which are higher than international standards.

Furthermore, Mr. McGoey explained that Alexander Centre Industries Ltd. will be required to develop contingency plans in the event of a spill, and this plan must be approved by the MNR and the Ministry of the Environment (MOE).

On behalf of Alexander Centre Industries Ltd., Mr. McGoey asked council for its support, guaranteeing the community five full-time jobs in addition to the spin-offs to local business.

"We have in the past and will continue to support local business," he said.

At least one beneficiary of Alexander Centre Industries Limited's commitment to local business, Chris Joly, owner and operator of Joly's Equipment Service and Supply, offered his support to the company.

"We'd like to expand with them," Mr. Joly stated. He was not the only area resident in favour of the project.

Bruce O'Hare, owner and operator of the Anchor Inn Bar and Grill and Lakeshore Excursions, pointed out he was in the tourist business and was still in favour of the proposal. He noted the town is facing three potential scenarios: it could raise taxes and maintain the existing service levels, keep taxes the same and be forced to reduce services, or consider the proposal and use the increase in tax revenue to help decrease taxes while still improving services.

Little Current Business Improvement Association (BIA) representative Kelly O'Hare indicated that after considering the matter, the association has decided to put its support behind the proposal, going so far as to prepare letter to the Minister of Northern Development and Mines and the Minister of Transportation asking them to begin the upgrading of Highway 6 to help facilitate the project. Ms. O'Hare noted that the shipping industry has played a large role in the economics and history of Little Current over the years. She said while the business owners understand the concerns of the seasonal residents of Ward One, the business community needs to have year-round shoppers in order for those businesses to survive the off-season.

While Barry Parsons admitted he was sympathetic to the concerns of the residents of Ward One, as a tax paying citizen, he could not forget the economic impact the proposal could have on the community. His sentiments were echoed by Bill Keatley.

"Give it a chance," Mr. Keatley said.

Despite the contingent in favour of the project, there were also a number of concerned parties who voiced their opinions against the project, not the least of whom was Whitefish River First Nations Chief Franklin Paibomsai.

"We ask you to view this proposal in its totality, not in isolation," Chief Paibomsai suggested. He said if tourism is the future of the area, then there may be dark days ahead should the proposal go forward. He suggested a full federal and provincial Environmental Assessment

"Your decision affects my community members, but also all the Island residents who use Highway 6," he said. He expressed concern about the impact on the water quality and concerns about land claims in the area.

John Diebel, spokesperson for the Birch Island Cottagers Association, was the person who first raised the concern about the commodities list and whether or not Alexander Centre Industries Ltd. was legally allowed to be shipping salt. He also raised concern about the potential for sound pollution, and whether the alterations to the commodities would allow for "reverse flow," the shipping of these commodities out through Fisher Harbour.

Ward One residents pay for 27 percent of the Town of Northeastern Manitoulin and the Islands' (NEMI's) tax levy, and the only thing they receive in return is garbage pick-up, stated resident Ann McGregor.

"That is very expensive garbage pick-up," she said. She asked council, on behalf of those residents, to deny the request for an amendment to the zoning by-law.

For 15 years, the Whitefish River First Nation has held its traditional pow wow near Dreamer's Rock, and for five years prior to that it held a competitive pow wow at the site, suggested Whitefish River First Nation band member Julie Wilder, who also noted the site is often used for a summer science camp for kids. She said she was concerned with the impact the proposal would have on this area.

To suggest that, because Lafarge Canada Inc. already had a higher building in the area in the form of its cement silos it would be all right to allow the construction of another 100 foot tall structure would be flawed thinking, suggested resident Jan Bayly. She noted the silos had been constructed even before the commodities list had ever been put in place by the MNR, and stated she was opposed to the proposal.

Bill Wilkin, legal representative for the Bay of Islands and McGregor Bay Associations, questioned locating such a facility in an area of historical significance. He noted the route falls on the path of the Voyageurs, and the Group of Seven painted works of art of significance in the area in the 1920s. He suggested there must be another way to ship the product in to Sudbury, such as by rail from the St. Lawrence Seaway.

The MNR and MOE will look at the proposal with a very narrow focus, suggested area biologist Judith Jones, and suggested the decision should not be left to them. She said the residents were looking to council to speak out for their interests. She added that, in her opinion, the risks were not worth five jobs.

"How much cancer-causing substances should we put in our water?" questioned Dr. Roy Jeffery, who confessed he was concerned that the quiet, clean water and dark skies of the McGregor Bay area were going to be compromised by the project. Furthermore, he noted there is only one route to Manitoulin accessible year-round, and he did not want to see that road downgraded due to heavy traffic on Highway 6. He predicted the addition of 14 more trucks per day would result in a large number of bottlenecks along the highway, which would increase the danger as drivers attempted to pass the trucks.

While she admitted that she could see both sides of the issue, area resident Jill Koehler stated that she did not believe that five jobs warranted polluting the landscape.

Also expressing positions in opposition to the proposal were Bonnie Nahwegahbow, Murray Still, Christine Jones, Brian Wilson, Diane Debassige, Judy Cantwell, Ivan Wheale, John Recollet, and Bill Martin, who attested that if it meant he would have to pay more taxes to live in the town and maintain what the community has at present, then he was in favour of doing that.

Area resident Mervin Sinoski questioned whether the company planned to proceed with the construction of the facility regardless of whether it received the INCO contract to ship the nickel from Voisey's Bay to Sudbury.

"If our bid is unsuccessful, no, we will not be building a $6 million building," stated Mr. McGoey. He also suggested that, with all due respect to Chief Paibomsai, the new structure would not be visible at Dreamer's Rock. Furthermore, he noted that the Bell Rocks, which are of cultural significance to the First Nations people, were given to them by Alexander Centre Industries Ltd. at no cost, and that to this day the company protects a burial site "with its life." He noted there has never been an incident at that site.

As to the suggestion of shipping by rail, Mr. McGoey said the company is not in favour of this for two reasons: the accident rate for shipping by rail is greater than that by ship, and that shipping by water is more environmentally friendly.

"We are not interested in any rail proposal," he stated.

Sound pollution was not perceived to be a problem as everything would be run by electrical generators, and the conveyor belt system is not noisy, he said. Furthermore, he noted all equipment would be operated indoors.

As for the visual impact, Mr. McGoey noted the company plans to create mounds and plant trees to minimize these concerns. As well, the company is looking at locating the building back from the water's edge by approximately 600 feet.

Finally, on the issue of shipping commodities out of Fisher Harbour, Mr. McGoey stated "We have no intention, and we have not talked to INCO or anyone else, about reverse flow."

After hearing all of the presentations from both those for and against the project, council for the Town of NEMI had 24 hours to mull over what they had heard. A final decision on the zoning by-law amendment, as well as any potential comment on the application to alter the commodities list, was to be considered at the regularly scheduled meeting of council last night.

First Nations concerned with inaction

by Cheryl Waugh

WIKWEMIKONG --- Brent St. Denis' action or lack of action during the national debate on the First Nations Governance Act last year was at the front and centre of discussion during a public meeting in Wikwemikong. And, while the governance act may be dead and buried, it has not been forgotten by this area's First Nations people.

"Hell, it would have been better for us if you had stayed out of the House," said Aundeck Omni Kaning Chief Patrick Madahbee to Mr. St. Denis, member of parliament for the new riding of Algoma Manitoulin Kapuskasing, during the public meeting held in the Wikwemikong Council Chambers last Thursday night.

About 50 people turned out for the meeting, which was arranged by Mr. St. Denis and advertised as "Getting the facts straight." He said he held the public meeting in response to reports in Wikwemikong that he had "voted" for the First Nations Governance Act (FNGA). "There was no vote," he said.

The FNGA died in committee after first reading. Mr. St. Denis explained that referring the FNGA to committee after the first reading would allow for significant changes to be made to the legislation. "Changes to legislation after second reading tend to be limited, but after first reading, the committee is not limited in what it could do," he said.

While other topics arose during a question period of Mr. St. Denis, including management of First Nation natural resources, economic development and land claims, the central theme of the night was how Mr. St. Denis acquitted himself during the 2003 national debate on the First Nations Governance Act.

"We concede, I concede, that the consultation process was flawed," said Mr. St. Denis. He explained that he had kept his private thoughts on the First Nations Governance Act in Caucus, instead of making a public statement, such as writing a letter to the Prime Minister. "When you're in government, you're part of a team and you are often constrained to do these things. You have to keep things 'in the family,' so to speak," said Mr. St. Denis. "I have said privately to a lot of chiefs that at the end of the day, when you're in government, you have to stand as a team."

He added that was simply one of the realities of politics. "As MPs, we should have to take responsibility for being in government on tough issues, but we also have to move forward as a team," he said.

"Lemmings who follow their leader off a cliff are also a team," quipped D'arcy Maiongowi, co-owner and editor of the Wiky News.

Whitefish River First Nation Chief Franklin Paibomsai agreed that on certain issues, such as a budget vote, it is necessary to 'tow the party line;' however the First Nations Governance Act was a serious and sweeping series of legislation that would have greatly affected the lives of First Nation people across the Algoma Manitoulin Kapuskasing riding, as well as across the nation, he said.

"I have very serious concerns when these types of sweeping legislation are raised and our MP is not listening. There are times when we need a political thrust," said Chief Paibomsai. "I put a lot of effort into fighting (the First Nations Governance Act), and that fight is still burning inside me. How will you present yourself to our membership to convince us that you will hear us politically when the time comes?" he asked.

Chief Paibomsai added that many people within the First Nation communities do want substantial change, but that change requires "political will."

Mr. St. Denis said that as an MP, he tends to deal with local concerns over larger national issues, simply as a matter of course. He explained that as a part of his work as MP he travels around to communities in his riding to open 'travelling offices' for the benefit of his constituents.

"I would say that if 30 people come in to see me, 29 will be there because of problems that they're having, either with their passports or Canada Pension plan or EI, or whatever.  Over the period of a year, if I see 500 people at these clinics, 460 will be there because they have a problem," he said. "It's service to the individual citizen and service to the communities. That's the big picture. We're trying to help people with their issues."

There are two functions to being an MP, said Chief Paibomsai, the administrative, that which Mr. St. Denis described and is very good at, and the political, where Mr. St. Denis has shown poor leadership. "I hope that the message is loud and clear that there is an expectation that goes beyond administrative," said Chief Paibomsai. "Hopefully, you're in line with the aspirations of the First Nation people from here to Kapuskasing."

Mr. St. Denis is currently facing a challenge from fellow Liberal Hank Rowlinson for the federal seat in this riding. Mr. Rowlinson attended the public meeting and assured those who attended that he would be an MP that "would step outside the party circle when issues are raised."

In a later phone interview, Mr. St. Denis doubted that statement, suggesting that his competitor would simply have been in the same position as he. "I dare say, anybody in my position would have been in a similar position. It was what it was, that's the reality," he explained.

He also said that Mr. Rowlinson was trying to drive a wedge between himself and the area Chiefs as a campaign tactic. "That's politics," he said.

Mr. St. Denis added that he has worked hard for the area's First Nations. "Last year was difficult," conceded Mr. St. Denis, "but, we have a different approach now under Prime Minister Paul Martin. The First Nations Governance Act is not coming back."

The questions and fears from those in attendance at the public meeting in Wikwemikong is that while the FNGA may not be returning, a possible 'new deal' may be on the horizon. Will the area's MP 'tow the party' line or be listening to area's First Nations chiefs when it gets back on the national agenda?

"You heard very clearly from our chiefs on the First Nations Governance Act," said Chief Madahbee. "We could never have made it more clear. You've come here tonight just to tell us you had to tow the party line. If this comes back, and we're faced with this kind of 'we know what's best approach,' then I have concerns."

Chief Madahbee also said the federal government is overlooking other priorities in its hurry to develop fiscal management practices for First Nations. He suggested issues like land claims, Aboriginal treaties, the management of natural resources, and self-government are more important. All First Nations are being tainted by a few badly managed reserves in the west, he said. He added that First Nations people also need better legislative protection.

"The Alliance Party basically believes we don't have any special rights," said Chief Madahbee. "If the Alliance/PC gets into power.... We need special protection. We need constitutional protection. M'Chigeeng has gone through hell trying to develop a policy to select their leadership. They are coming after all of us to tell us how our communities should be run."

He told Mr. St. Denis that he has been helpful in community projects, but on the bigger issues "of developing our communities, you're not listening to us."

"Last year was a bad year in First Nations and government relations," said Mr. St. Denis. "We hope to develop a proper process. I felt my grass roots role was more important. As far as national issues went, I felt local issues were my priority."

Wikwemikong Chief Walter Manitowabi wanted to know what role Mr. St. Denis played in the previous Chretien government, how that has changed under the Martin government, and whether Mr. St. Denis can bring the First Nations concerns to this government.

Mr. St. Denis said the best place to reach the Prime Minister is during Caucus, the 'family' meeting. "We're all equal members of the team, so it all comes down to how hard you work. I believe I can never be accused of being unwilling to work," he said.

Chief Paibomsai wondered why the federal government was so intent on pushing the FNGA when there are several good studies available detailing how to improve relations between First Nations and the federal government. He mentioned the Hawthorn report, which was developed in the 1970s and is a document on how to revamp Indian Affairs; the Penner report, which suggests a new approach to working with First Nation, and which, he said later "has largely been dismissed;" and RCAP, the Royal Commission on Aboriginal Peoples. "I have great concerns that these reports are collecting dust," said Chief Paibomsai to Mr. St. Denis.  "We've been discussing these issues for the last 25-30 years. When are we going to have legislation that ushers us into the fabric of Canadian society?"

"On the political side, there is an evolution going on in First Nation politics," said Mr. St. Denis. "The voice of First Nation leadership has become more clear and in union over the last 10 years. We have to find better ways to listen. We are a long way from the RCAP," he acknowledged. " The bureaucracy of INAC is huge. It's almost a thing to itself. All I can promise is to remain open," said Mr. St. Denis.

Despite taking much criticism at the public meeting, Mr. St. Denis said in a later interview that he was glad that he had organized it. "There were a lot of good questions," he said, as well as a need to clarify things. "Besides, there's that old saying, 'If you don't like the heat, stay out of the kitchen.'"

Conservative Party gearing up for spring election call

by Neil Zacharjewicz  

MANITOULIN - With a new executive in place and a candidate having come forward for nomination, the Conservative Party of Canada Algoma - Manitoulin - Kapuskasing Electoral District Association is in the midst of preparations for a potential spring election.

 "I am seeking the (Conservative Party of Canada) nomination," stated Blaine Armstrong, of Gore Bay. "I have the time now and I have the interest."

 Mr. Armstrong grew up on a farm in the Gore Bay area, and served the community as a lawyer for 25 years. Prior to the formation of Conservative Party of Canada, Mr. Armstrong was a member of the Reform Party of Canada, and was past president of the Reform Party's riding association. He indicated he would be honoured to be named as candidate for the Conservative Party of Canada.

 "It seems to be a gathering of good people as near as I can tell," Mr. Armstrong stated. "We are seeing, more and more, the need for a viable alternative."

 Having grown up on a farm, Mr. Armstrong said he believes he has a good understanding of rural Canadian issues, and said he is concerned by what he believes is a growing divide between rural and urban Canada, with rural Canada losing its voice.

"I would like to try and help raise that voice," he said.

So far, Mr. Armstrong is the only candidate to have stepped forward for the nomination for the Conservative Party of Canada. A nomination meeting has been scheduled for March 6 at the Masonic Hall in Elliot Lake, beginning at 2 pm.  

On January 31st, the Conservative Party of Canada Algoma - Manitoulin - Kapuskasing Electoral District Association held its foundation meeting, at which time it elected its new executive for the riding. A new executive became necessary not only because of the formation of the new Conservative Party of Canada, but also because of the changing in the electoral riding boundaries to include Kapuskasing and area.  

Terry McCutcheon, of Providence Bay, was elected as the new president for the Conservative Party of Canada Algoma - Manitoulin - Kapuskasing Electoral District Association. The executive will include Robert Campbell, of Elliot Lake; Bud Hall, of Elliot Lake; Jim Jeffery, of Elliot Lake; Dan Koob, of Serpent River; Ken Leffler, of Blind River; Wilf Peace, of Elliot Lake; Janet Reinhardt, of Blind River; Joan Rumley, of Desbarats; Doug Shorr, of Espanola; Alan Spacek, of Kapuskasing; Jonathan Stewart, of Thessalon; and Gwen Wilson, of Espanola.  

"I'm very excited about the opportunity we have got as the Conservative Party of Canada," stated Mr. McCutcheon. "I'm looking forward (to the election)."  

He pointed out it is an exciting time for the new party, and its leadership race running concurrent with the 308 nomination meetings taking place across the country between now and the end of March. All of the activity is helping to increase the party's profile.  

"It is all building up to a crescendo," Mr. McCutcheon suggested.  

The Conservative Party of Canada has been organizing quickly, he explained, as everyone in the organization recognizes the need to get moving as quickly as possible, as the party anticipated Prime Minister Paul Martin might call an election early in an effort to get the jump on the Conservatives before they were organized. Mr. McCutcheon did believe the current public inquiry into federal sponsorship scandal is damaging to the Liberal's position.  

Mr. McCutcheon did not view the current race between Liberal incumbent Brent St. Denis and newcomer Hank Rowlinson for the Liberal seat in Algoma - Manitoulin - Kapuskasing as being of any benefit to the Conservatives, being as the race only increases the Liberal profile in the riding. He said while it is interesting to see a race for the incumbent position, it is hard to really tell what is happening.  

"A Liberal party seat in this riding is a desirable position," Mr. McCutcheon stated. However, he pointed out that the riding has changed significantly since the last election, due to the changing of the boundaries. He said while a large portion of the residents of Algoma - Manitoulin - Kapuskasing know Mr. St. Denis, there are still a significant number of people who do not know who he is because they had lived in a different riding. The general make-up of the entire riding has changed, he stated.