Writer calls for a referendum of the band membership on the construction
EDITOR’S NOTE: This letter is addressed to the chief and council of Aundeck Omni Kaning and has been reprinted here at the author’s request.
Attention Chief and Council:
I’m writing in regards to concerns raised by members of the community in reference to subject properties (known as the Rowe Farm Properties, situated on Lots 20 and 21 Concession 7, Howland Township, Manitoulin Island) and the proposed activity in that area for a new UCCM Police Services building.
The lands in question were purchased in 1999 by previous Chief and Council of Aundeck Omni Kaning (held in trust) for our future use and benefit. The lands are currently under the “Additions to Reserve” process, to which, the lands are contiguous to the reserve.
As previous drafter of the “Additions to Reserve” proposals for the Aundeck Omni Kaning First Nation in 2003/2004, not much progress/activity has been made over the past 22 years on those proposals. With recent legislative changes coming into effect for the “Additions to Reserve” process by Indigenous Services Canada, the establishment of a new tracking system for “Additions to Reserve” proposals has reported minimal additions or progress. Such poor outcomes continue to cause unnecessary delays and while those lands sit idle, reasonable expectations for prospective community growth and development is stagnant and uncertain.
With recent significant excavation activity on the Rowe Farm properties within the past couple of days and weeks. The membership is wanting answers as to what is being built there and why? I was told by the current band manager that a new UCCM Police Services building project was being constructed on the property. I asked, “Why wasn’t I consulted on this? Why wasn’t the community consulted on such a major ambitious project for a new police station?” Many in the community feel a sense of neglect and disrespect for not being consulted.
For those of you on Council who don’t know the current process of the “Addition to Reserve” process, it essentially follows a four phased approach that the federal government had instituted for First Nations across Canada and include the following: Phase 1) Initiation by respective First Nation and authorization; Phase 2) Assessment and Review process; Phase 3) Proposal completion; and Phase 4) Approval process and must meet all legislative criteria.
For lands to be added to the reserve, all of the conditions set out in the legislative criteria must meet the following: environmental considerations, survey(s) land to be set apart as reserve, duty to consul) process, public access, municipal service agreements, provincial government considerations, environmental site assessments as well as other specific considerations
While new federal legislation provides for the renewed approval process of Additions to Reserve to be more streamlined and comprehensive, the process continues to experience unnecessary delays in ministerial approvals.
Because all lands to be set aside as reserve or the creation of new ones, all additions are now subject to ministerial orders. In past practices, additions were the responsibility of the Privy Council whose primary fiduciary responsibility was to set out Orders in Councils for that purpose.
Since 1986, the Band (Aundeck Omni Kaning First Nation) has made significant financial investments on land acquisitions. That’s approximately 1,100+ acres equivalent to 2/3 of the existing reserve. That requires lands to be added to the reserve.
I don’t understand why you as leadership would continuously give away our crucial community space, when that space is needed to support future development, such as housing development, economic development, enhancing community spirit, building growth and critical infrastructure needed for that growth.
Having said all that, on behalf of all band membership, I formally request that community meetings be held to show accountability and transparency with the proposed police building project as soon as possible and that disclosure of any and all documents with regard to the Additions to Reserve process be afforded to them.
Proper consultation must always be afforded to us in all circumstances, but when the duty to consult, consultation and accommodation isn’t afforded to you as leadership, you complain and condemn the governments for non-compliance, and we suffer because of it. But yet, when consultation and accommodation isn’t afforded to the membership, they feel their opinions aren’t valued, become aggressive and they have every right to be because they’re not part of the decision-making process.
Therefore, I formally request that all excavations, site preparations, tree cutting, etc., be stopped and discontinued immediately and ensure that all legal requirements under the Additions to Reserve process have been met. We deserve better and expect nothing less from you as elected officials.
As leadership, you have a civic duty, a moral and legal obligation to consult with us. If the people of Aundeck Omni Kaning want a new police station in their space and on their lands, then let’s have a referendum and vote on it in accordance with our consultation protocol and as our band custom requires.
Respectfully submitted,
Donald J. McGraw
Aundeck Omni Kaning Band Member
