DIBAUDJIMOH
BRINGING NEWS OF THE CHIPPEWAS OF NAWASH BY FAX
Fax: 519-534-2130 Phone: 519-534-5133
20 SEPTEMBER 1996
Nawash Asserts its Jurisdiction
The summer of 1996 has been like a chess game. Here's a summary
of the moves and counter moves:
April 12: The MNR threatens to licence Nawash and
Saugeen.
May 29: Nawash by-law 13-96 which regulates Nawash
fishermen in reserve waters takes effect.
July 17: Nawash releases a report by its biologist
that documents severe problems with how the MNR is
managing the waters around the Bruce Peninsula.
August 9: Just before the annual Salmon Spectacular,
MNR seizes 2 Nawash fishermen's nets in Owen Sound Bay
"as a warning."
August 10: Nawash documents the seizure and video
tapes one fisherman's nets ruined by the seizure. MNR
publicly states it did not intend to lay charges.
August 16: Nawash closes MNR management area 5-8 to
its fishermen because the TAC (total allowable catch)
for whitefish has been reached. Nawash urges the MNR
to close down the area (which includes Owen Sound and
Colpoy's Bay) to all fishing, including sports
fishing.
August 20: The MNR refuses Nawash's request and the
Sydenham Sportsmen's Association's annual Salmon
Spectacular will proceed.
August 23: Nawash begin to monitor the derby and to
measure the fishing effort (report is pending).
August 26: Ontario Vice Chief Gord Peters visits
Nawash to support the First Nation in its fight to
establish its commercial fishery.
August 29: Nawash closes area 5-6, the area around its
reserve, because the Band's TAC for whitefish has been
reached.
September 1: Salmon Spectacular ends. During the
derby, anglers caught and kept some 168,000 pounds of
fish, including 2,800 fish registered for prizes.
September 5: A Nawash fisherman whose nets were stolen
last year and this July loses more nets. The OPP take
no action.
September 5-6: Representatives from major churches,
the Law Union of Ontario and the Biology Dept. of the
University of Toronto visit the area on a fact-finding
tour (report pending).
MNR seizes Nawash nets
In an action right out of Hollywood's old west, MNR Conservation
Officers raced a Nawash fishermen to his nets just so they could
seize them before the fishermen could lift them. Fancis Lavalley
spotted the MNR lifting his cousin's nets on August 9th in Owen
Sound Bay and decided he had better get to his own. They were set
across the Bay, but well within the 7-mile limit recognized by
the Fairgrieve decision as the traditional fishing territory for
Nawash and Saugeen.
When the MNR saw Francis making for his nets, they gave chase.
As they overtook him in their faster boat, Francis saw them
videotaping the whole incident. The officer taping gave him the
finger on the way by. Whoever was piloting the MNR boat cut
across Francis' bow a couple of times to slow him down.
The MNR beat him to his nets, but not by much and began to haul
them quickly out of the water. Francis yelled at them to do it
correctly, but they ignored him.
When he went to collect his nets from the MNR offices the next
day, we took a video camera along. MNR officer Mike Thede tried
to talk to the Nawash fishermen about the terms of the licence
MNR was trying to impose on the Band. Francis told him Nawash
does not recognize the licence and is controlling its fishery
itself. Thede admitted Francis was not going to be charged - the
whole exercise was a "warning."
It took a while, but we finally got the MNR to go and get his
nets. They were a mess. There were large rips all the way along
the nets because the MNR had lifted them so recklessly.
Later, representatives of the MNR admitted in the press they had
no intention of charging the fishermen whose nets they lifted and
seized.
OPP ignore fisherman's losses
Another Nawash fisherman, Miles Jones, had his nets lifted out
of the water in July and again in September. Despite a letter
from Chief Akiwenzie to the Commissioner of the OPP reminding him
of the losses of last year (thousands of meters of nets stolen,
one tug burned, and others damaged), the OPP have done nothing
to stop these recent thefts.
Last year, Miles was down to his last set of nets when the OPP
charged him with setting a man-trap. Those charges were dropped
by the Crown only after a vigourous lobby from Miles' lawyer.
However, no charges have ever been laid in any of the many
incidents of theft and vandalism directed at Native fishermen.
Nawash report condemns MNR management
On July 17, 1996, The Chippewas of Nawash released a report
authored by Dr. Stephen Crawford that demonstrates the MNR is
unfit to manage the Lake Huron and Georgian Bay commercial
fishery. It takes dead aim at the stated objectives and
principles of the Lake Huron Management Unit (LHMU) and shows
neither have been met. Among the flaws in the management program
are:
The methods employed by the LHMU to establish TACs for
species for each management area were based on historical
commercial harvests - they were political rather than biological.
The Unit's current methods of modifying TACs (total
allowable catch limits) are complex, confusing and often without
biological basis.
The LHMU's data sampling program is suspect.
In order to cover its inadequate assessment program, the
unit regularly extrapolates data from one management area to
another without theoretical or empirical support.
The Unit's assessments of fish stock status are highly
subjective and arbitrary and mistaken in the assumption that the
achievement of TACs indicates a stable stock of fish.
Taken as a whole, these flaws make it impossible for the LHMU to
determine safe commercial and recreational harvest levels that
would protect Lake Huron fish populations from over exploitation.
The report shows that the MNR has been misleading the public and
mismanaging the Lake Huron commercial fisheries ever since the
introduction of the commercial quota system in 1984.
Nawash's suspicions of MNR are reflected in the TACs the Band set
for its own fishermen. Until the Band is able to develop its own
data base, it has set the TACs for its fishermen at 30% below
those of the MNR.
The report is important in that it serves as a warning to all
users of the resource. We must all take more responsibility for
its proper management . If this means asking tough questions of
those who would be managers then so be it. The more people
looking out for our resources the better. It kind of makes you
wonder why the MNR is so bent on keeping First Nations out of the
resource business.
Harrised
There's no question Nawash is being harassed into signing a
licence that is unconstitutional. If you would like to add your
objections to the ones we have made already, here are some fax
numbers ...
Premier Mike Harris, fax: 416-325-7702.
Thomas O'Grady, OPP Commissioner, fax: 705-329-6195.
Lyn McLeod, Liberal Leader, fax: 416-325-9895.
Marion Boyd, NDP Native Affairs critic, fax: 416-325-7111.
Hon. Sheila Copps, fax: 613-992-2727.
Hon. Ethel Blondin-Andrews, fax: 819-953-0944.
Support letters sometimes get good press. The fax number for the
Owen Sound Sun Times is 519-376-7190. Send a copy to us too
(fax: 519-534-5133).
+++++++
MNR Advisory Committee stacked with sportsmen
If you were Minister of Natural Resources for a day and you were
given the job of picking a group of people to help you spend $43
million on the environment, who would you pick ... someone from
the Canadian Environmental Law Association perhaps, or the
Federation of Ontario Naturalists or a respected biologist or
two? How about a balanced mix of environmentalists, sportsmen,
commercial operators, First Nations and the general public?
Well, perhaps those ideas make too much common sense for Chris
Hodgson, Harris's Minister of Natural Resources. When Bill 26
(the infamous "Ominous" Bill) created the Fish and Wildlife Fund
out of sporting licence fees and fines, we knew it was only a
matter of time before Hodgson gave the job to his buddies in the
hook and bullet fraternity. And boy, did he ever. Here are his
appointments:
Phil Morlock (Chairman): Whitney Ontario lodge operator and
national marketing director for Shimano Canada (a tackle
manufacturing company and a major contributor to the OFAH).
Morlock was a vocal member of the panel of sportsmen who bashed
First Nations use of resources at a meeting in Pembroke, February
10, 1992. The kick-off speaker was Mike Harris.
Charles Alexander of Dryden, a past president of the OFAH and a
member of Hunting Heritage/Hunting Futures, a sportsmen's
"think-tank" (an oxymoron if ever there was one).
Gary Ball of Peterborough, a regular contributor of Ontario
Fisherman and the past editor of Angler and Hunter magazine in
which he once referred to First Nation communities as
"dysfunctional" and "in a shambles."
Walt Crawford of Elora serves on the Ontario Council and the
national board of Trout Unlimited.
Sandy Dickson of Atikokan, co-owner of Canoe Canada Outfitters.
Brian Dykstra of Marten River, president of the Marten River
Association of Tourist Camp Operators and a past vice-president
of the Northern Ontario Tourist Outfitters Association.
Sandi Johnson of London, Ontario is a technician a the University
of Western Ontario Zoology Department and a founding member of
the Long Point Waterfowlers Association. She is also married to
Davison Ankney, past president of OFAH and co-researcher with
Philippe Rushton at Western.
Patrick Kennedy of Haliburton, vice-president of the Haliburton
Highlands Outdoors Association.
Jack Newton of Huntsville, founder and president of the Ontario
Hunt Camps Association and co-founder of the Wildlife Feeding
Program.
George Purvis of Gore Bay, a commercial fishing operator and past
president of the Ontario Fish Producers Association.
Duncan Sinclair of Aylmer, a director, trustee and past president
of Ducks Unlimited.
These people will be advising Chris Hodgson in several key areas:
the distribution of funds from the $43 million Fish and
Wildlife Fund,
the distribution of other funds from consolidated revenue
for fish and wildlife management,
setting of licence fees, fines and royalties,
other policies or programs related to fish and wildlife.
But all this power is not enough for the Ontario Federation of
Anglers and Hunters. In a letter to Ron Vrancourt, the Deputy
Minister of Natural Resources, Rick Morgan, the vice-president
of the OFAH recommends the MNR stop wasting its time consulting
with "an array of organizations" on wildlife issues and simply
have a nice cozy chat with the folks at OFAH.
+++++++
Art imitates life - Tory forestry policy.
Recent Court decisions do not negate Native rights
In spite of headlines in the Globe and Mail, the Toronto Star and
a host of local dailies, recent Supreme Court of Canada decisions
in Van der Peet, Gladstone and NTC Smokehouse do NOT negate First
Nations' commercial fishing rights.
What the Court did was set out the tests First Nations must meet
if they are to prove they have aboriginal and treaty rights to
fish commercially. For example, according to the Court, Natives
must prove that fishing for commerce was practiced before contact
and that it is an activity central to their culture.
In their judgment, the majority of the Supreme Court judges dwelt
a lot on reconciliation - how Native aboriginal and treaty rights
must be "reconciled" with the rest of Canada. (By the way, the
Court split along gender lines - the men in the majority; the two
women members arguing for a more generous and liberal
interpretation of the law.) But in their reliance on
"reconciliation" as the way in which they would resolve rights
issues, the men missed the point. It is not reconciliation that
is needed, but recognition, restitution and respect - recognition
of ancient rights and the harm Canada has done to deny them;
restitution for that harm, or at least the good grace not to
interfere with the modern practice of those rights; and respect
for those who have a constitutional right to practice them.
First Nations in Canada are relying on their constitutional
rights to natural resources to regenerate ancient economies in
a way that will sustain both their members and the resources.
This is perhaps the only respectful way out of the little boxes
Canada has put First Nations in. Believe me, after sitting in on
six years of negotiations between the Ontario Ministry of Natural
Resources and the Chippewas of Nawash, I know how hard it was for
a First Nation before the recent Supreme Court decisions. The
behaviour of governments and non-Native stakeholders around
Native rights issues leave no room for reconciliation, let alone
recognition, restitution and respect.
The real question for Canadians (at least those of us who are not
lawyers) is not the one the Court asks. It is not: "Can First
Nations prove aboriginal and treaty rights to fish commercially?"
It is: "What is it about us that allows us to take away the
rights of the first peoples and then, a hundred or so years
later, to make them prove they had these same rights before we
even got here?" +++++++
Official derby pamphlet slanders Nawash
"Of course the unregulated native fishery on the great
lakes continues to be on the forefront for all of us.
... The natives don't want stocking or Salmon. This is
difficult to understand in light of the fact that the
presence of Lake Trout is solely due to MNR stocking
programs funded by Ontario taxpayers. ... We must
continue our stocking programs if we want to protect
a recreational fishery in Georgian Bay and the Great
Lakes."
Just when we thought the local sportsmen were learning some
manners, we read this in the Sydenham Sportsmen's Association's
official pamphlet for the Salmon Spectacular.
The diatribe is signed by the co-chairs of the derby - Mike
Garvey, Fred Geberdt and John Ford, a teacher in the Owen Sound
area. Below this note are the logos of the derby sponsors: CFOS
(the voice of Owen Sound), the Owen Sound Sun Times newspaper,
Bell Canada, Schneiders, Algonquin Breweries, Shoreland'r, AC
Delco (a trademark of GM), Princecraft, Evinrude, Formosa Mutual
Insurance and Berkley Trilene.
Chief Ralph Akiwenzie has written a letter to the heads of all
of these companies reminding them of the Fairgrieve decision and
pointing out that the Sydenham Sportsmen's Association has been
among those groups lobbying against the recognition of Nawash
commercial fishing rights. He also points out the errors in the
message.
Nawash fishermen are controlled by the Band (by-law 13-96 to be
precise). Nawash is not opposed to stocking lake trout, but it
has serious concerns about how the MNR is doing it (using hybrids
until recently and stocking hatchery-raised fingerlings in areas
already hard pressed by anglers and commercial fishermen). Nawash
shares the concerns of biologists about stocking with "exotics"
such as Chinook salmon which are voracious and which, biologists
suspect, eat the very lake trout the MNR is stocking area waters
with. The Sydenham Sportsmen's Association stocks the waters of
Georgian Bay with Chinook every year.
Chief Akiwenzie makes it clear to the CEOs that the message of
the Sydenham Sportsmen's Association is prejudicial to the
constitutional rights of Nawash fishermen and the attempts of the
First Nation to re-establish its commercial fishery as the basis
of a revitalized economy. He then asks them if they endorsed this
slander and, if not, if they would repudiate its message.
If you would like to add your voice to the Chief's, here are some
fax numbers. We are particularly concerned about the apparent
endorsement of the Sydenham Sportsmen's Association's message by
the local media.
Mr. Ross Kentner, General Manager CFOS (fax: 519-371-9683)
Mr. Jim Merriam, Editor, Owen Sound Sun Times (fax: 376-7190).
The new President of Southam is Don Babick (fax: 416-442-2173)
Stew Low, Director, Public Relations, General Motors
Canada (AC Delco fax: 905-644-3830)
Even Hayter, President, Algonquin Brewery (fax: 519-367-5414)
Douglas Dodds, President, Schneiders (fax: 519-885-8918)
John McLennan, President, Bell Canada (fax: 514-870-9519)
Len Metcalfe, President, Formosa Mutual Insurance (fax: 519-367-5491)
Addresses for the sporting goods manufacturers are ...
Hank Bowman, President, Outboard Marine Corp. (Evinrude),
200 Seahorse Dr. Waukegan, Ill., 60085, USA.
Marcel Dubois, President, Princecraft, 65 St. Herni St.,
Princeville, PQ, G6L 5E4.
Randy Ford, President, Great Lakes Tackle (Walker Downrigger),
RR 2, Collingwood, Ontario, L94 3Z1.
Brent Tarr, Director of Marketing, Outdoor Technologies Canada
(Berkley Trilene), 815 Philip St., Portage La Prairie, MB, R1N 3C5.
+++++++
Please copy & distribute this document freely ... Sept./96
fax: 519-534-2130 phone: 519-534-5133
David McLaren, Nawash Communications