Daily Miner & News
 Tuesday, October 6, 2009

Grassy Narrows trappers' trial begins in Toronto
75 DAYS OF HEARINGS SCHEDULED

Edition: Final
Source: BY MIKE AIKEN, MINER AND NEWS
Section: News Page: 1

Eighteen volumes of arcane records will be the focus as the trial pitting trappers from Grassy Narrows against the Crown and AbitibiBowater begins this week in Toronto.

At stake is the province's authority to grant logging licences on land claimed by First Nations under the Treaty.  

During 75 days of hearings, which will take proceedings into April, expert witnesses from both sides will delve into the details of agreements dating back to Confederation as well as interpretations of clauses within Treaty 3 itself.

   "We have a lot of history to plow through," acknowledged Robert Janes, counsel for the plaintiffs from Grassy Narrows.

   The original suit was launched more than nine years ago.Unfortunately, one of the complainants, Willie Keewatin, passed away before it came to trial.
 

His commitment to the process was honoured by community members earlier this year. The other two trappers involved are Joe Bill Fobister and Andrew Keewatin.
 

They were later involved in starting the permanent blockade at Slant Lake at the end of 2002, which blocked access to parts of the Whiskey Jack Forest.

Negotiations between the province and the First
Nation are ongoing, with the help of facilitator Frank Iacobucci, the former Supreme Court Justice who helped settle the residential schools common experience agreement.

   For their part, counsel for the federal government Gary Penner is arguing the plaintiffs' interpretation of Treaty 3 is "too strong" and the case will likely be headed for appeal, regardless of who wins, he noted.

   Even if the trial does wind up on time in the spring, it will likely be six months before a judge's decision is rendered, Penner added.

The next step would be the Ontario Court of Appeal, which is just below the Supreme Court of Canada.
 

 "Canada agrees with Ontario and Abitibi that the plaintiff's interpretation of the treaty is over reaching and too strong a reading of the words of the treaty itself," he said.

   When the lands were transferred to Ontario, then the province stands in the shoes of Canada, and advises the Crown accordingly, he said, explaining his argument. He went further to say the British North America Act of 1867, which created the country also divided
responsibilities between federal and provincial governments.

   Among the provincial rights was the power to administer surrendered lands, including territory within Treaty 3, Penner continued, acknowledging this will likely be a point of contention attrial.

   The Ministry of Natural Resources has released a prepared statement relating to the case.

   "Ontario is committed to respecting treaty rights and upholding the honour of the Crown. At the same time, Ontario has legal authority over lands within provincial boundaries, except for Indian reserves and certain federal lands. This includes authority over provincial
Crown lands within the province that are subject to Treaty 3," it said in the statement.

   "The position of the Minister of Natural Resources is that the province has jurisdiction to authorize the use and development of such lands for a variety of purposes, including forestry operations, without the need for federal authorization. In doing so, Ontario will
continue to ensure that it consults with aboriginal communities that stand to be affected by proposed development on Treaty 3 lands, and where it is appropriate, accommodates the interests of such
communities," it concluded.

   Witnesses for the plaintiffs will be anthropologists Joan Lovisek and Prof. John Milloy from Trent University, along with the former chief of Grassy Narrows, Bill Fobister.

   For the defence, Ontario's list is expected to call archaeologist and cultural anthropologist Prof. Alexander von Gernet from the University of Toronto, anthropologist and historian Prof. J.P. Chartrand from Carleton University, as well as forester Jeremy Williams. The federal government has added Prof. Robert Vipond from the University of Toronto.