Barriere Lake

fyre@web.apc.org
Tue, 27 Oct 1992 22:40:00 PST


TRANSLATION

The Algonquins of Barriere Lake

THE MEDIATOR'S REPORT ENTIRELY SUPPORTS THE ALGONQUINS

On September 15th last, Judge Rejean Paul of the Quebec Superior
Court, appointed by the Quebec Government as mediator in the
conflict between the Algonquins of Barriere Lake and the Ministry
of Forests, tabled his report. This report, far from taking a
middle position, entirely supports the Algonquins. In order to be
convinced of this, it is sufficient to quote certain extracts.

"...it is difficult not to share their fears when one travels in
the park and sees the logging that has already taken place."
(page 3)

"...I cannot conclude that it is or is not a treaty. But even if
one comes to the conclusion that it is not a treaty, I sincerely
believe that it is a solemn agrement, without a resolutory clause,
which obliges the signatories to ensure the life of this
agreement." (page 5)

"...section 7.5 entitled "Special Provision" and which is found in
the CAAF granted to Scierie Mont Laurier Inc. does not respect the
Trilateral Agreement (neither the spirit, nor the letter of the
Agreement) " (page 5)

"It is up to the Special Representatives and not the Ministry of
Forests to see that the work proceeds in accordance with the
responsibilities that were granted to them." (page 8, underlined in
the report).

"Since April 1, 1992, the said funding tap (both Federal and
Provincial) has been shut. (...) But the Algonquins of Barriere
Lake have, from their own Band budget and to the detriment of their
other programs unilaterally funded certain anthropological studies
and have produced maps of an excellent quality indicating, among
other things, their sensitive zones and their sacred territories.
(...) It is David and not Goliath who is attempting to sustain the
Agreement." (page 8)

"This pilot project is of a capital importance for the future
harmonious development of the forest industry in La Verendrye Park,
and elsewhere in Quebec." (page 8)

"The Ministry of Forest must not dictate its views." (page 9)

"This report may seem severe on the part of some. (...) But this
logging must not be done to the detriment of the representatives of
the First Nations; the latter must be closely associated in this
in order to also derive a certain benefit." (page 9)
"RECOMMENDATIONS

3. Give precedence to the Agreement in the management of the
territory (...) (page 10)

4. The control and the responsibility of the technical work must
be in the hands of the Special Representatives and not, in the
hands of the Ministry of Forests nor those of the Ministry of
Fishing, Hunting and Leisure. (page 10)

It couldn't be clearer. Why then, in l'Outaouais, is there only
silence in response to the pranks of entrepreneur Claude Berard,
to the arrogance of his mentor, the Ministry of Forests, and to the
Pontious Pilate attitude of the Ministry of Indian Affairs? Where
are our elected members, where are our representatives of
organizations? This affects, as outlined by Judge Paul, the
harmonious management of the Quebec forests, a question of prime
economic, ecological and political importance. Will it take
another OKA to react...too late?

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
International NGO-Conference, 1992
"The Boreal Forests of the World"

Resolution

WHEREAS the Rights of Indigenous Peoples who are located in the
Boreal Forests, are constantly being ignored by States and their
constituent Governments, and;

WHEREAS there are examples where Indigenous Peoples have entered
into Agreements with States and their constituent Governments
regarding joint management of natural resources, including Forests,
and;

WHEREAS one such example is the Algonquins of Barriere Lake who
have entered into a Trilateral Agreement with the Governments of
Canada and Quebec, and;

WHEREAS this Trilateral Agreement has the objective of developing
an integrated resource management plan based on conservation and
sustainable development for forests and wildlife over the Barriere
Lake Community use area, and;

WHEREAS this Trilateral Agreement represents a progressive step
forward in cooperation between Indigenous Peoples and States for
better management of forests and wildlife in the territory
affected, and is now being threatened by the non-observance of this
Agreement by the Governments of Canada and Quebec;

THEREFORE IT IS RESOLVED that the participants of the founding
meeting of the Taiga (Boreal Forests) Rescue Network hereby support
the Algonquins of Barriere Lake in their efforts to have their
Trilateral Agreement honoured by the Governments of Canada and
Quebec, and;

IT IS FURTHER RESOLVED that the participants of this meeting call
upon the Governments of Canada and Quebec to immediately accept the
Report of Quebec Judge Rejean Paul, who was appointed mediator in
the current dispute, and;

IT IS FINAL RESOLVED that the participants of this meeting will
monitor the actions of the Government of Canada and Quebec towards
the Algonquins of Barriere Lake regarding the Trilateral Agreement
and will take such appropriate actions as necessary to ensure that
the terms and spirit of this Treaty are fulfilled.

passed by consensus by more than 120 groups
Jokkmokk, Sweden on October 4th 1992

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TRANSLATION

Le Soleil, p.A-2
Tuesday, October 13, 1992
Michel Corbeil

Decision on the management of the Barriere Lake forests

QUEBEC LOSES A ROUND TO THE ALGONQUINS

QUEBEC - The Minister of Forests, Albert Cote, has just suffered a
loss in his battle with the Algonquins of Barriere Lake over the
management of the La Verendrye Park forests.

Judge Rejean F. Paul, of the Quebec Superior Court, signed a
mediation report concluding that the agreement between Quebec,
Ottawa and the Algonquins to manage the Park's resources has
precedence over the Forestry Management and Supplies Contracts
issued by Minister Cote.

According to the Judge, the Agreement has the worth of a treaty.
"This solemn agreement must always be omnipresent when the CAAF's
are issued by the Ministry of Forests to private entrepreneurs."
He believes that "this pilot project is of a capital importance for
the future harmonious development of the forest industry in La
Verendrye Park, and elsewhere in Quebec". The Judge understands
that the Ministry wishes "by way of logging, to assist the economic
development of a disadvantaged region, hard hit by unemployment
(reaching 35%). But this logging must not be done to the detriment
of the representatives of the First Nations". Special consultants,
representating two levels of government and the aboriginals, should
agree on a forestry management plan for the Park. "The Ministry
must not dictate its views, states maitre Paul. It should make its
point of view known through its special representative."

The Judge also notes that Quebec and Ottawa have closed the
"funding tap" for the Agreement for some months now. He points out
that the Algonquins have themselves funded certain studies,
including maps indicating the sensitive zones and the sacred
territories that they wish to protect.. "It is David and not
Goliath who is attempting to sustain the Agreement."

The Judge counsels that the provincial authorities confer full
powers to their Special Representatives and that the Ministry of
Forests withdraw from the file. He requests that the funds be
released. The documents prepared by the Algonquins on sensitive
zones should be examined in priority, especially for the granting
of the CAAF to Mont Laurier Sawmill.

This entreprise belongs to Mr. Claude Berard. The industrialist
has rights to wood cutting from Quebec to harvest 31,000 square
metres of wood. The differences have prevented him from obtaining
anything this year and the dispute has often approached
confrontation between the aboriginals and forestry workers.

It was not possible to know, last week, if Quebec would follow the
recommendations of the mediator; Minister Cote was taking a few
days to react; the office of Minister Christos Sirros (in charge of
Aboriginal Affairs) did not return our calls.

It was not possible to know if the report could have consequences
on relations with other Indian nations.
***********************************
TRANSLATION

Le Soleil, p. A-8
October 15, 1992
Michel Corbeil

La Verendrye Park

SIRROS ACCUSES THE ALGONQUINS OF BAD FAITH

QUEBEC - The Algonquins are acting in bad faith in dealing with the
La Verendrye Park matter and Judge Rejean Paul has been misled in
several areas of his mediation report that is favourable to them,
according to Quebec.

The Minister of Aboriginal Affairs, Mr. Christos Sirros, reacted
that way to the results of the Judge's mediation on the battle that
is taking place between the Algonquins of Barriere Lake and the
Ministry of Forests on the management of the Park's forests.

The Quebec Minister spoke particularly against the fact that the
Judge proposes that the management agreement between Quebec and the
aboriginals has the value of a treaty and as such take precedence
over the Forestry Management and Supplies Contracts (CAAF). "This
is false. There is even a clause in the agreement specifying that
it is not a treaty."

Mr. Sirros also disagrees with the Judge who let's it be understood
that Quebec has neglected to give the necessary funds and that they
are leaving it up to the Algonquins to give the agreement life by
paying the costs of studies of zones sensitive to deforestation
alone.

"Quebec's money is there. But the Algonquins proceeded to the
identification of the zones without even advising us. Over and
above, they submitted the results solely to the Judge", reported
the Minister.

According to him, Quebec is still prepared to reimburse the costs
to the aboriginals. The politician added that a government
specialist has examined the maps prepared by the Algonquins and has
submitted solutions so that industrialist, Claude Berard, can
commence his logging as permitted by his CAAF.

"But the Algonquins have come back to the attack and they are
asking for adjustments. We don't know what adjustments..."

For the moment, the lumberjacks have not cut one tree on the 31,000
cubic metrs of wood which Mr. Berard can theoretically remove. The
Ministry of Forests has indicated, in the past, his concern with
providing employment for the sawmill workers situated in this
region hard hit by unemployment.

Judge Paul last week invited the government and the Indians to
participate in a "Quebec Summit" in order to resolve the impasse.
Minister Sirros is unable to predict when the differences will be
resolved so that forestry operations can resume in the forest.

***********************************
Native logging row heats up in Quebec
(The Toronto Star Monday, October 19, 1992)

By Darcy Henton (Toronto Star)

A long-simmering dispute is reaching the boiling point between a
small Algonquin band and the Quebec government over logging
operations in a wilderness park.
Native leaders in Barriere Lake, north of Ottawa, say loggers in
La Verendrye Park continue to violate terms of a forestry agreement
signed by the band, the province and the federal government in
August, 1991.
A mediator who supports the natives' allegations warned last week
that collapse of the agreement could have dire consequences.
In a letter to Quebec's native affairs ministry, Mr. Justice
Rejean Paul said that "only God knows the consequences" if the
dispute is not resolved soon.
The parties are to meet in Montreal on Thursday in another
attempt to settle it.
Algonquins, who depend on hunting, fishing and trapping in an
area of high unemployment, complain that over-active logging is
ruining the forested areas of the park.
Barriere Lake Band advisor David Nahwegahbow said the 459
Algonquins are very tense and anxious to have the situation
resolved.
"What is forward in the minds of the people of Quebec is another
kind of Oka situation," Nahwegahbow said.
A dispute over a golf course expansion at Oka, Que., led to a
July, 1990, confrontation that left a provincial police officer
dead and sparked a 78-day stand-off between Mohawk Warriors and
Canadian soldiers.
During that stand-off, the Barriere Lake band temporarily erected
a highway blockade to stop the movement of logging vehicles into La
Verendrye.
They took down the blockade in a bid to encourage provincial
intervention.
But 15 months later, the province and the band are again
disagreeing on logging operations.
One issue is how much of the area around lakes should be left
uncut.
The band wants a 60-metre (200-foot) buffer of trees left around
lakes, but the province says 20 metres (66 feet) is sufficient.
Meanwhile, a private operator who holds the cutting licence for
the area has accused the Algonquins of driving spikes into trees.
paul warned in his Sept. 14 mediation report that the deal is "in
serious jeopardy" because Quebec has issued cutting licences that
fail to respect its agreement with the band.

***********************************
Bad faith exhibited on logging deal: Lincoln
(The Gazette, Montreal, Wednesday, Oct 21, 1992)

Graeme Hamilton (The Gazette)

Former Quebec environment minister, Clifford Lincoln,
representing the Barriere Lake Algonquins in their dispute over
logging in the La Verendrye wildlife reserve, said yesterday he
feels he has hit a brick wall in dealing with the Forestry
Department.
"I find it pretty outlandish that a in wildlife reserve we have
to argue about whether we should save trees," he said in an
interview.
Last year, the Algonquin band signed an agreement with Quebec
that was supposed to clear the way for logging in the 10,000-
square-kilometre wildlife reserve while protecting the Algonquins'
traditional hunting and trapping.
But Lincoln said Quebec is not respecting the spirit of the deal
- that the Indians could contribute to improved forest management.
To Quebec, he said, the Algonquin are just in the way. "They
want the Algonquins to stand on the sidelines while forestry goes
on in the traditional way."
The natives have already used roadblocks to bring attention to
their cause, and so far this year they have succeeded in blocking
logging crews from entering the forest.
If Quebec refuses to treat the Algonquins as partners, it is
asking for more trouble, Lincoln said.
He acknowledged that the Forestry Department is in a bind because
it has signed contracts awarding logging rights on land used by the
Algonquins. But last year's agreement, signed by four cabinet
ministers, has to take precedence over logging contracts, he said.
The agreement, the first of its kind in Quebec, could have been
"a wonderful instrument of change," he said, a model to show the
world that Quebec involves native people in resource management.
"It's very sad. It's a commentary on our lack of understanding
that they are the first citizens, it's their land."
He said he remains hopeful that a meeting in the presence of a
provincially appointed mediator, Superior Court Justice Rejean
Paul, offers a last chance to settle differences.

***********************************
Company purchases 3 mills in Maniwaki
(The Ottawa Citizen, Wedn., Oct 21, 1992 - Business section)

By Bert Hill (Citizen workplace writer)

The recession-ridden town of Maniwaki got some good news Tuesday.
A new company has purchased three forest products plants that
employed 185 employees before the collapse in market demand closed
or drastically curtailed operations.
Les Produits Forestiers Riviere de l'Aigle will buy the James
McLaren Industries Inc. sawmill, veneer and flooring mills.
Spokeman Jean-Marie Ouellet, a Maniwaki businessman, could not be
reached for comment.
MacLaren put the operations on the market 15 months ago after it
closed the sawmill and veneer plants, putting 110 people out of
work. The parquet flooring plant continued to operate but the
workforce dwindled from 65 to 40 employees and there was one
lengthy shutdown.
Unemployment in the Maniwaki region is running well above 15
percent.
MacLaren announced it will proceed with the formal sale of the
plants after the new owner discloses business plans to the local
community. The price was not revealed.
The forest products industry was hit early and hard in the
current recession and most companies have suffered major losses for
two years. But there were some sign of recovery as a result of
reduced interest rates and the drop in the Canadian dollar
improving demand across North America.

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For more information or to find out out how to help please write:

Algonquins of Barriere Lake
Rapid Lake Indian Reserve, Quebec J0W 2C0