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Forest spraying violates treaty: Elders

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Some 21 First Nations along the North Shore of Lake Huron are preparing to take the federal government to court over aerial spraying they say is harming the environment and human health.

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However, the Traditional Ecological Knowledge (TEK) Elders of Robinson-Huron Treaty territory say the spraying is only part of a larger issue: that First Nations are not being consulted about activities taking place on their land. The elders say this violates the Robinson-Huron Treaty of 1850.

Ray Owl, the spokesperson for the TEK Elders of Robinson-Huron Treaty territory, says the 21 First Nations will take the federal government to court for violating the Robinson-Huron Treaty. That court date will take place by October.

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Native leaders contend the Robinson-Huron Treaty was created to protect First Nation lands from encroachment by European settlers. First Nations say they agreed to share the land with the understanding that each native community would occupy lands that they, and future generations, could traditionally use for hunting and fishing.

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These rights were guaranteed, along with a yearly treaty annuity for each member of the band for the use of native land. They were also guaranteed non-interference in their way of life, they say.

Historian Art Pethategoose, from Atikmeksheng First Nation, said natives came to the aid first European settlers when they first arrived in Canada.

“When people came off the ships they were sick,” he said. “We reached out and took care of those people.

“In 1764, we gave them permission to come into our house and live with us. We didn’t give them the land. We shared with them.”

However, the elders argue the settlers tried to take the land from them. It was Great Britain that gave the Anishinabek people the right to govern their own lands.

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The TEK elders are now charging that the federal government has broken that agreement and that aerial spraying of Roundup, a glyphosate-based herbicide, illustrates the problem.

Asking permission for the use of the land is part of the Robinson-Huron treaty agreement. First Nations say they did not agree to the spraying, which is part of a pattern. Even companies like Bell and Hydro fail to ask permission before putting their cables down, the elders say.

The elders are angry the Ministry of Natural Resources and Forestry has decided to grant forestry companies the right to spray clear-cut areas of northeastern Ontario without clearing it with First Nations.

The herbicide kills the natural vegetation in the area, so trees such as maple and birch won’t regrow, they argue. Jack pine and spruce, which are of value to the forestry companies, are allowed to take over.

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The TEK Elders argue the environment is becoming toxic as a result of aerial spraying. They claim the toxins from the spraying carries through to the entire food chain, from plants to animals to humans.

Plants natives traditionally use for medicine can no longer be trusted, they say.

The decision to take the government to court has been years in the making. The TEK Elders say they tried speaking with the provincial ministry, but were told they needed to speak with Health Canada.

However, Health Canada concluded First Nation concerns couldn’t be scientifically supported so officials there stood by their original findings that glyphosate was safe.

As a result, the TEK Elders say they are going through with their plans to compel the government to listen by appealing to the courts.

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Stephen O’Neill, who was a Superior Court Justice in Sudbury for 16 years, will represent them. He works for Nahwegabow Corbiere, the largest First Nations-owned firm in Ontario.

Before becoming a judge, O’Neill put in 22 years as a lawyer in Northern Ontario, representing First Nations in negotiations with the Crown and other organizations. He was also a consultant on a recent court case also related to the Robinson-Huron Treaty.

In December, 21 First Nations in Northern Ontario won a court case against Canada and Ontario concerning the yearly annuity given to each First Nation person for the use of the land. Since 1874, that annuity had stayed at $4. Under the terms of the Robinson-Huron Treaty, the annuity should have increased over the last 150 years, but did not, prompting the legal challenge.

Justice Patricia Hennessy of Sudbury ruled in favour of the Anishinabek First Nations. The Canadian government did not appeal the ruling, but the Ontario government did.

It is expected the 21 bands will be compensated for the use of their resources, but how much revenue they will receive has yet to be worked out.

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