TEK Elders taking government to court this fall

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Ray Owl, the spokesperson for the Traditional Ecological Knowledge Elders of Robinson-Huron Treaty territory, says the 21 First Nations living along the North Shore of Lake Huron are now ready to take the government of Canada to court for non-compliance with the Robinson-Huron Treaty of 1850. That court date will take place this fall, no later than October.

The Robinson-Huron Treaty was created to protect First Nation lands from the encroachment of European settlers. The First Nations agreed to share the land, with the understanding that each native community would occupy lands that they, and future generation, could traditionally use for hunting and fishing. These rights were guaranteed along with with a yearly treaty annuity for each member of the band; payment for the use of native land. They were also guaranteed non-interference in their way of life.

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Historian Art Pethategoose, from Atikmeksheng First Nation, explained simply but eloquently about how the first European settlers were greeted. “When people came off the ships they were sick. 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.” In return, 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. The TEK elders are now charging that the government has broken that agreement.

The aerial spraying of Roundup, a glyphosate-based herbicide, is only part of the problem. The TEK Elders say the First Nations have not been consulted about activities taking place on their land. In fact, they are barely told what is taking place. Asking permission for the use of the land is part of the Robinson-Huron treaty agreement. Even companies like Bell and Hydro fail to ask before putting their cables down.

The elders are angry that the Ministry of Natural Resources and Forestry has decided, without clearing it with First Nations, to grant forestry companies the right to spray clear-cut areas. The herbicide kills the natural vegetation in the area, so trees such as maple and birch won’t regrow. Jackpine and spruce, which are of value to the forestry companies, are allowed to take over.

The TEK Elders say, as a consequence of the aerial spraying, the environment is becoming toxic. They are adamant that the existing forest wasn’t like that before the aerial spraying. From years of observation, they can state with certainty that the toxicity from the spraying carries through for the entire food chain, from plants to animals to humans. Even those plants traditionally used for medicine can no longer be trusted.

The decision to take the government to court has been years in the making. The TEK Elders tried speaking with the MNRF and were told they needed to speak with Health Canada. That organization concluded that the First Nation concerns couldn’t be scientifically supported so they stood by their original findings that glyphosate was safe. Since neither organization was helpful the TEK Elders are going through with their plans to compel the government to listen.

The honourable Stephen O’Neill, who was a Superior Court Justice for 16 years will be representing them. Currently, 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 case which also related to the Robinson-Huron Treaty.

On December 21, 2018, 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. It should have increased over the last 150 years but since the issue wasn’t addressed, it did not. Justice Hennessy ruled in favour of the members of the Anishinabek First Nations. The Canadian government did not appeal the ruling, but the Ontario government did. It is expected that the 21 bands involved will be compensated for the use of their resources but how much revenue they will receive has yet to be worked out.