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Working Together to Keep Eastern Ontario and West Quebec Uranium Free

 

Contact:  info@kNOw-URANIUM.org

Editorials

Below you will find periodic editorials from various individuals and groups concerned with uranium exploration, mining and milling activities in Eastern Ontario and West Quebec.

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Don't just take our word for it, see what the Toronto Star's Cameron Smith had to say about how the McGuinty government is trampling Aboriginal Rights:

"Judging by the standard of conduct required by the Supreme Court of Canada, Ontario Premier Dalton McGuinty has been dishonourable in his approach to the dispute over drilling for uranium in Eastern Ontario.

As a result, several large fines have been levied, and a decent man, an Algonquin, is in jail for six months.

This is not a criticism of the court that levied the punishment. It's a criticism of the premier, who countenanced an unconstitutionally, hands-off approach that led to the inevitable court decision."

See the whole story here:  http://www.thestar.com/News/article/308322

 

Letter to Dalton McQuinty: 

 

"This is NOT just a "native issue". This is a Citizen’s Rights Issue. This is a Health Issue. This is an Environmental Issue. This is a Long Term Global Survivability Issue. And there are people dedicated to making sure that the entire province becomes educated, aware, and involved."

 

Feb. 28/08

Premier McGuinty,

I'm writing to express my deep concern for the treatment of Bob Lovelace, Paula Sherman, and Harold Perry, by the courts of Ontario. This is a situation that shames us all.

I firmly believe that these people would not be in the position the are in would not have violated an injunction that should have never been there in the first place if the crown had upheld its fiduciary responsibility to the people of Ontario and the First Nations. I believe that those lawyers and judges acting on behalf of the Crown failed in their duty to defend the Honor Of The Crown in this action, and may have left the Crown open to legitimate Law Suit in their negligence.

When the courts fail to uphold the LAW as stipulated by the Supreme Court of Canada to consult with First Nations BEFORE any activity that may irreparably harm their lands, or lands under claim, then what legal options are left to our Native brothers and sisters? In fact, what options are left to all of us, as Canadian citizens? When the Native Elders approached the courts and asked for a negotiated settlement, they entered into that discussion with the intent to bargain in good faith. They did not want to break the law. Unfortunately, several key issues fundamental to their position were denied by the Crown as up for discussion. How can you have a meaningful negotiation, when you are told by the court that the things most important to you are not up for negotiation?

I firmly believe that the Crown has set up this situation, and these people, to fail and did NOT bargain or act in good faith, and that shames us ALL.

When our own government, and the Crown, will not uphold the law and defend the safety and sanctity of its citizens, I believe we have a right, and in fact a DUTY to speak out in peaceful public protest especially where the act of doing nothing can cause irreversible damage to our environment. Sir Edmund Burke once stated, "The only thing necessary for evil to triumph is for good men to do nothing." I, for one sir, refuse to sit here and do nothing.

When laws are on the books that protect the interests of a few, and can allow irreparable harm to come to the many, I believe we have a DUTY to speak out in peaceful public protest. When we can be jailed as private citizens, native or non-native because we try to prevent the irreparable damage to our property, environment, water, livelihoods and health due to the Crown NOT acting in the best interests of its citizens, then we are no better than a third-world dictatorship trying to crush public dissent by jailing those who disagree with the current regime.

Uranium Mining is NOT "Business as Usual". The extraction process is highly toxic. The billions of pounds of toxic, radioactive waste left behind have no economically viable mechanisms of disposal. The damage to the surrounding environment and communities is IRREPARABLE. The government’s current approach to denying this reality, and turning a blind eye to the real long-term health impacts is unconscionable. In the same way that Big Tobacco fought, lobbied (and ultimately lost), denying repeatedly the proven and now well-accepted adverse long-term health impacts and public health cost of smoking, so too will you and our government be shamed by your current behavior. How many people had to die before sufficient legislation could be put in place to protect the innocent from things like second-hand smoke? The truth WILL come out and you can either be known as the Premiere that supported public health and public safety and environmentally conscious approaches to resource management and energy, or you can be known as the Premiere that ignored the facts and let big business run roughshod over the health, safety and environmental concerns of your citizenry.

I find it appalling that if someone wants to open something like a neighborhood pub in a rural community, they would likely have to have a local referendum and approval from a majority of the affected area, yet the people who may be affected by an activity that destroys their environment, poisons their water, and creates toxic, radioactive waste (that remains for hundreds of thousands of years), have no say whatsoever on what takes place in their community. The legislation that grants this kind of power to a few business people was written long before the adverse health impacts of Uranium or Uranium Mining were known or understood. The fact that we as citizens have no mechanism to change an outdated law that ignores the will of the people, is an affront to the democratic process.

You and our government, have a duty to the people and by extension, as stipulated by Supreme Court of Canada rulings, a duty to the First Nations living in Ontario. That duty is one of consultation where activities on crown or other lands under claim (disputed or otherwise) may adversely impact the health, livelihood and way of life of our First Nation’s peoples. By way of extension, I believe you have a duty to consult ALL Citizens when it comes to granting mineral rights for Uranium Mining and Exploration as the health and environmental impacts are so severe and long-term, and they affect us ALL.

I am calling on you to step forward and rescind the recent court decisions incarcerating and fining Bob Lovelace, and the injunction and fines levied against Paula Sherman and Harold Perry. This whole thing only went to court because the Crown failed in its responsibilities to the people of this province.

I am calling on you to step forward initiate a review of the mining act as it pertains to protecting First Nation’s and Citizen’s rights, and to place a moratorium on any Uranium Mining or prospecting in Eastern Ontario (and any other areas under dispute) until such time as the mining act can be fully reviewed and changes made to protect the rights of the people of Ontario by granting power to municipalities and communities to determine the kind of industry and activities that takes place within their boundaries. I believe that in the case of Uranium Mining, ALL citizens in the province should have the right to speak out and influence decisions to grant claims. The health impacts and long-term disposal and management costs affect us ALL.

This is NOT just a "native issue". This is a Citizen’s Rights Issue. This is a Health Issue. This is an Environmental Issue. This is a Long Term Global Survivability Issue. And there are people dedicated to making sure that the entire province becomes educated, aware, and involved. Already 12 Municipalities in Eastern Ontario, including Ottawa, have passed resolutions which support the call for a Moratorium on Uranium Mining in Eastern Ontario until these issues can be resolved. This cannot go on being ignored by your government.

Please do the Right Thing and start us on the road to reconciliation and consultation.

Sincerely,

Natalie Prowse,

Ottawa, Ontario

Know-Uranium Editorial:

Feb. 16/08

The Ontario Government's tourism slogan is: Yours to Discover. After the sentencing handed down by the provincial court in Kingston last Friday for contempt of court charges against members of the Ardoch Algonquin First Nation, the Province should officially re-brand itself as: Yours to Prospect.

The sentencing is a disturbing development in the uranium story in eastern Ontario. It raises many concerns, but the one we find the most disquieting is as follows. Under the terms of the sentencing, in addition to jail time and significant one-time and ongoing fines, the defendants are not entitled to mount their core defence, a challenge of the constitutionality of the Ontario Mining Act, because they have refused to abide by the terms of the contempt order.

The provincial court has issued this sentence despite the fact the Supreme Court of Canada has already ruled provinces must consult with Aboriginal people before granting development permits if Aboriginal rights are at issue. The Province failed to do so clearly indicating it is to date not interested in a fair reconciliation of mining and Aboriginal rights. To make matters worse, the provincial court has effectively issued a "gag" order against the defendants.

To recap: the Supreme Court says provinces have to respect Aborignal rights and consult over land use with Aboriginal people; the Province issues exploration permits without consulting Aboriginal people; the Aboriginal people protest and point out the fallacy of the permits; the Provincial Court finds the Aboriginal people in contempt and removes their right to challenge the constitutionality of the law used to grant the exploration permits.

(Note: two of the three defendants, one an elderly man with a heart condition and another a single mother of three, have agreed to the terms of the court in exchange for avoidance of jail time. One defendant has been incarcerated.)

So far, the Province of Ontario, through the Ontario Mining Act and the provincial court system, has trumped Aborignal rights (not to mention private property rights) in favour of mining rights. Mr. Reid, the defence lawyer for the Ardoch Algonquins is correct, in our view, in suggesting an appeal is in order.

For a very good article on the court preceedings, see the excellent story in the Kingston Whig Standard by Sue Yanagisawa:

 

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