JUNE 25, 2003 ARCHIVE
 
 
 

Island man saves life of accident victim


by Neil Zacharjewicz
MINDEMOYA - An Island man has been credited with saving the life of
another man who became pinned under his truck after a single vehicle
accident near Mindemoya.
A 1985 Chevrolet pick up truck was south bound on Highway 551, just
past the rest stop on the side of the road, traveling at a high rate
of speed and in an erratic manner, when it hit the shoulder of the
road, crossed the centre line and entered the east ditch. Once it hit
the ditch, the truck began rolling over, ejecting the driver. The
truck came to rest on the driver, pinning him underneath.
"I was right behind him when he did it," indicated Gye Taylor, of
Burpee-Mills, who was the first person on the scene.
Seeing that the victim was trapped under the vehicle, with the weight
of the vehicle on his chest, Mr. Taylor lifted the truck and slid a
spare tire underneath to ease the weight off the driver.
"I think it was adrenaline that allowed me to lift it," Mr. Taylor
said. He indicated he could only lift it approximately five inches,
but it was enough to relieve the pressure. He said the vehicle was
crushing the man's pelvis.
Mr. Taylor then ran to a nearby residence to call for police and ambulance.
Upon returning to the scene, Mr. Taylor flagged down some additional
help, and with the aid of a number of other drivers, he managed to
hook his vehicle by chain to the truck pinning the driver, then
pulled the truck off of the driver.
The driver of the truck sustained serious injuries, and was airlifted
to St. Joseph's Hospital in Sudbury where he underwent surgery. The
collision is under investigation, and alcohol is a factor.
Mr. Taylor said he is also out of commission for likely a week,
having thrown his own back out during the rescue attempt. However,
the OPP credit Mr. Taylor for having saved the life of the driver due
to his actions.
Charges are pending with regard to the incident. Constables Marc
Hovingh and Marie Ford are the investigating officers.
 

Governance series part IV

EDITOR'S NOTE: In April of 2001, the Government of Canada proposed an
initiative in which an Act of Parliament referred to as the First
Nations Governance Act (an act that would set out in law how First
Nations are to be governed), would repeal those sections of the
Indian Act that deal with governance. This four-part series is
exploring what is actually contained in the proposed legislation.
This, the final article in the series will examine the legislation's
proposals for general matters of codes, laws, regulations and orders.
by Michael Erskine
The First Nations Governance Act, in its third part, deals with
general concerns relating to registries of code and laws and the
regulation and orders of the various codes that can be enacted under
the act.
The Act requires that a band shall maintain at the main band offices,
a band registry containing all of the codes and laws made by the
band's council, and that all persons shall have reasonable access to
the registry, during normal business hours.
In addition to the band registry, a national registry must be kept by
the Minister of all codes and laws made under the Act, and that too
shall be available for reasonable access during normal business hours.
Once a code or law has been made, the original copy will be deposited
in the band registry, along with the date of deposit, which must be
endorsed upon it. A certified copy must be delivered to the national
registry within 14 days of the adoption of the code or law.
Laws or codes made by a band will come into force the day after it is
deposited in the band's registry, or at a later time specified in the
code or law.
Any person can request a certified copy of the law or code, upon
payment of a reasonable fee. That copy will be, unless proven
otherwise, proof that the law resides in the band's registry. The
signature (or official character) of the person who appears to be
certifying the copy does not apparently have to accompany the
document.
Band laws can be cited, taken official notice of, in any proceedings
being deliberated by the courts.
This section of the Act also exempts the band laws and codes from the
Statutory Instruments Act. An Act of Parliament which requires
regulations to be forwarded and vetted by the office of the Privy
Council to ensure they conform to the normal legal syntax and form of
Canadian Laws, among other regulatory functions.
Under the Act's Regulations and Orders section, the 'Governor in
Council' (practically speaking, this means the Minister) may make
regulations respecting the adoption of a code by a band under Section
4 of the Act. It is in contravention of such Minister imposed
regulations that the M'Chigeeng Tribal Council has been refused
recognition by Indian Affairs.
This section of the Act has First Nation leaders suggesting the
Minister is increasing his own powers in a paternatural manner, in
essence making himself the 'Great White Father' of the 21st century.
If a band does not have a code in respect to many of the matters
outlined in the Act, the Minister can make regulations to fill that
void.
Further, any appeal that is made regarding an election result from
the exercise of the Minister's power in the preceding sections, under
the 'governor in general' provisions, must explicitly include the
Minister hearing the appeal.
The Act does also allow the Minister the power to exempt a First
Nation from the two-year sunset clause on creating a custom
self-government agreement.
The First Nation Governance Act does not apply to the Cree-Naskapi,
the Nisga's Nation, the Schelt Indian Band or the Yukon First
Nations, all of which have already negotiated self-government
agreements.
A number of transitional provisions are outlined under Part 4 of the
Act. These allow for continuity of band governments when the Act
comes into force, and allow longer periods of time for band
registries to be set up once the Act is in place. This section also
contains repeals and clarifications of sections of the Indian Act
superseded by the First Nation Governance Act.
This concludes the Expositor series on the actual contents of the
controversial First Nation Governance Act. The Act has died on the
order table with the ending of the current session of Parliament. The
Act is widely expected to be re-tabled when the legislature
reconvenes in the fall, but many question the likelihood of
so-reviled a piece of legislation making its way into law during a
session where Prime Minister Jean Chretien is expected to become less
relevant as his date of retirement approaches. His most likely
successor, Paul Martin, is on the record as saying he planned to
rethink the government's approach when he comes to power.

 
Island First Nations sign declaration of solidarity

by Diana Smith
WIKWEMIKONG ---It was a beautiful and peaceful day on the site of the
Murray Hill Community Pow Wow grounds on June 21st, 2003, National
Aboriginal Solidarity Day, when the leaders of the seven Manitoulin
First Nation communities gathered to sign the Declaration of
Solidarity for the Three Fires Confederacy of Mnidoo Mnising
(Manitoulin).
Chief Walter Manitowabi opened the ceremony surrounding the signing
of the document by giving a synopsis of its intent.
"For the past number of months the Chiefs of Manitoulin Island have
been gathering, meeting to support each other, to gather strength in
order to better the quality of life of the people of our communities.
We are all well aware of some the issues we face on a daily basis,
such as the welfare of our children, such as battling with the
Federal government over the First Nations Governance Act, such as
supporting each other in bringing infrastructure to our communities.
Over the years, we always had that strong relationship on Manitoulin
Island, we have always been here and will continue to be here for all
time, said Chief Manitowabi. "There is a need now to strengthen our
relationships, to work closely together, and to support each other so
that our businesses feel they can go and seek contracts in each
other's communities, so we don't have to bring in these non-native
businesses, so our businesses can join forces and compete for those
major contracts. The non-native businesses right now are coming in
and taking all of our work away. That's why we are here today, on
June 21st."
Last Saturday's signing recaptured the historical spirit of the Three
Fires Alliance. Back hundreds of years ago, the Ottawa (Odawa),
Ojibwe, and Potawatomi would join together in times of trouble to
support each other. As early as the 1500's and 1600's historians
noted the special affinity that the three nations had for each other
and their fellow Algonquin speaking peoples.
Just as in the past the seven leaders of the Manitoulin First Nations
Albert Cada, Sheshegwaning First Nation Chief, Sheguiandah First
Nation Chief Richard Shawanda, Chief Irene Sagon-Kells of the
Zhiibaahaasing First Nation, Whitefish River First Nation Chief
Franklin Paibomsai, Chief Patrick Madahbee from Aundeck Omni Kaning
(Sucker Creek), Chief Walter Manitowabi of the Wikwemikong Unceded
Indian Reserve and Chief Glen Hare from the M'Chigeeng First Nation
sat down to reconfirm their alliance and speak with one voice by
signing the declaration of solidarity.
On Birch Bark it was written: We hereby declare that we are united in
this historical alliance of the Ojibway, Odawa, and Potawatomi people
which represents one of the first organized governments in North
America. We are determined to create a forum to enable our First
Nations to speak with one voice on policy matters affecting the
aboriginal people of Mnidoo Mnising (Manitoulin). To respect our
diversities, to combine our efforts to accomplish common goals, and
objectives, practice respect and mutual cooperation as good
neighbors, and to unite our strengths as one voice for the Aboriginal
People of the Three Fires Confederacy of Mnidoo Mnising. Accordingly
our respective First Nations through their Chiefs and Councils
assembled at the Wikwemikong Unceded Indian Reserve on June 21st,
2003 reestablish an alliance known as the Three Fires Confederacy of
Mnidoo Mnising."
After signing this agreement the Chiefs each took a turn and spoke to
all those assembled at the Murray Hill Pow Wow grounds.
"There is going to be a real need for political discipline as we
tackle the many issues that are impacting on us. There are a lot of
pressures from the Federal and Provincial governments, who almost on
a weekly basis are trying to erode our rights and take over the
jurisdiction we have in our communities. We have to stand together,
if we stand alone we get picked apart. Together, we are very strong,"
said Chief Madahbee. "We must make sure our communities benefit from
the socio-economic activities that go on in this area. There was a
very conservative, rough study done here a year or two ago that
showed that probably on an annual basis $80 million, a very
conservative figure, leaves our community every year, and is being
spent in the outside communities. Yet we wonder why we've got high
unemployment, lack of businesses, and opportunities in our community.
We need to take that challenge up and develop our communities."
Chief Madahbee went on to point out that the spiritual and cultural
development of Manitoulin First Nations communities is showing signs
of growth by the very fact that every community now has a community
Pow Wow, something that was not seen 10 to 12 years ago.
"When I was on my travels campaigning during elections on the Union
level, I saw a lot and heard a lot. When I was up north in the
Superior area I sat in on a meeting with the leadership. They have
real hardships, you know they don't get along, they have differences
and you can almost see the tension," commented Chief Hare. "It is
nice to be able to call any of my fellow Chiefs for advice or
direction or just to talk. That doesn't happen outside, a lot of
people don't know that."
Chief Shawanda echoed Glen Hare's comments on the challenges of the
Northern communities saying, "The government is forcing things on
them, when they are striving to hold onto their own culture. We went
through these things years ago. Everything the government does now is
aimed at dismantling the Reserves slowly. We all have heard of
weapons of mass destruction. The Anishnabe people have been dealing
with weapons of mass destruction for hundreds of years now, in the
form of alcohol, in the form of child legislation, in the form of
residential school systems. These are all weapons the government has
used to take us apart and they are still there. They are working hard
to force us apart. They are working hard to make policies to divide
our communities, in such things as housing and education. They are
limiting whom you can send to school (post-secondary), you should be
allowed to send everyone. They are forcing communities to write
policies on who should get a house - to pick and choose - everyone
should get a house. Years back the Anishnabe all worked together, you
didn't leave any of your brothers and sisters out."
Sheshegwaning's Chief Cada thought that First Nation communities
getting together and helping the Sheguiandah First Nation build their
new Roundhouse could put solidarity into practice in a most practical
form. He felt there were enough skilled tradesmen among the seven
Manitoulin Nations to do the job.
Shining Turtle, the Chief of Whitefish River, felt there was a need
for a cultural renaissance to deal with the issues the seven
Manitoulin Nations face.
He said, "We have to go back to our spirituality. We have brought our
staffs here, we take our eagle feathers, we take our hearts, our
pride in our community and we raise that awareness wherever we go.
That's what sets us apart from the rest of society."
Chief Irene Sagon-Kells (Cockburn Island) was happy to be a part of
the historical event and many of her fellow band members arrived by
bus to witness the signing.
Chief Paibomsai (Shining Turtle) carved a Peace Pipe to honor the
occasion and it will be smoked at the monthly meetings between the
Chiefs. It along with the Declaration written on Birch Bark will go
each year to one of the seven participating First Nation communities
who will be the official carriers for one year. Next year, it will be
the Sheguiandah Reserve's turn.
 
Credit Union employees strike
by Neil Zacharjewicz and Michael Erskine
MANITOULIN - Employees with the Espanola and District Credit Union
have hit the strike lines.
After three days of negotiations late last week, the employees, who
are members of the Communications, Energy and Paperworkers Union of
Canada (CEP) Local 74-1, received a new contract offer from the
Espanola and District Credit Union. However, on Sunday, they voted
87.5 percent in favor of rejecting the proposal.
On Monday morning, the picket lines went up in front of the credit
union office in Little Current. As well, the credit union called in a
locksmith to have the locks changed.
The 16 employees who work at the three credit union locations in
Little Current, Gore Bay and Espanola, have received a huge amount of
support from CEP, indicated Fred Bond, national representative for
the union.
Mr. Bond indicated the employees voted down the proposed contract
because it failed to address three main areas: seniority, issues
surrounding supervisors performing bargaining unit work, and a
guarantee of the benefit package.
He explained, with regard to seniority, there are issues surrounding
the promotion and transfer of long-term employees with the credit
union.
When it comes to the issue of managers performing bargaining unit
work, Mr. Bond noted the Espanola and District Credit Union employs
three managers. He noted there are larger credit unions that operate
with smaller staff, and they are not willing to sacrifice their
workers so they can justify having three managers.
With regard to a guarantee of the benefit package, Mr. Bond explained
the Espanola and District Credit Union has bounced around to several
different benefit providers.
"We don't want to get into fights with carriers. We negotiated these
benefits. We just want the credit union to guarantee these benefits
be delivered," he said.
Mr. Bond indicated the union is willing to go back to the bargaining
table whenever the employer is prepared to deal with the issues. He
said monetary issues are not a stumbling block.
"(The union) took a strike position on non-monetary issues. The
clients and membership (of the credit union) should take a look at
what they are doing here," Mr. Bond stated.
"I am really disappointed," indicated Bill Elliott, chair of board of
directors for the Espanola and District Credit Union and a member of
the negotiating committee. He said the proposal the credit union made
to employees late last week was further than the credit union had
wanted to go, but they were prepared to do so to avert a strike. As
far as the credit union is concerned, he said the decision to strike
was disappointing.
"I don't think the things we are holding out for will materially
benefit the employees, on the whole," he said.
Mr. Elliott dismissed any suggestion that the credit union is looking
at a merger or sale.
"No. We are not in any discussions with anyone about that," he stated.
Mr. Elliott noted that when it comes to the issue of promotion by
seniority, the credit union has taken the position of promoting the
most qualified candidate. He noted the present clause in the
collective agreement with the union specifies that promotion will
take place based on qualifications, skill and work record. If all
else is equal, he said, then seniority is the determining factor.
"We think that is fair," Mr. Elliott said.
On the issue of guaranteeing the insurance benefit payments, he said
the present agreement regarding Long Term Disability Insurance calls
for the employee's doctor or specialist to submit their report to the
insurance company. If the insurer doctor rejects the claim, the
credit union will pay for a further report by a specialist
satisfactory to both the union and the credit union.
"If the insurer still refuses to pay, the union wants us to pay the
claim until the employee reaches age 65. We can't afford to do that,"
Mr. Elliott indicated.
He said medical conditions that are not well established or accepted
in insurance claims is where this is most likely to occur.
"The union characterizes this as 'hiding behind the insurer.' We see
it as 'we pay for the insurance, and if the insurer feels that the
claim is unjustified, then after we have paid for the third opinion,
then we have done our part.' We are not medical experts. We are
willing to do what we can to support the claims of employees but
eventually we have to be able to say we gave it our best shot," Mr.
Elliott said.
When it comes to managers performing bargaining unit work, he noted
the credit union is a small employer, and by the nature of its
operation, everyone has to be willing and available to help out where
needed. He said management staff have always performed some work
other than supervision.
"We were willing to stipulate in the collective agreement that no
employee would have their hours reduced nor be laid off because of
managers doing bargaining unit work, but this was not acceptable to
the union," Mr. Elliott indicated.
Mr. Elliott indicated that, with regard to rumors suggesting over $1
million being taken out of the credit union as a result of the
strike, confidentiality does not permit him to say who has removed
funds or what the amounts are. He said he does not know where the
total amount of funds for the credit union sits at this time.