Written by Mike Aiken on Sunday, 06 April 2014

Blockade sign north of the community at Grassy Narrows still stands.

The impasse continues in the Whiskey Jack near Grassy Narrows First Nation. Last week, community leaders declared victory, saying they had stopped logging in the community’s traditional lands. 

However, the MNR disputes the suggestion there were ever plans for cutting in the area near the First Nation this year. They say the earliest would be next year, 2015, according to their long-term plan.

This would mean after arguments are heard next month at the Supreme Court. Lawyers are expected to make their case before the highest court in the land in Ottawa. They’ll be focused on the province’s right to issue permits on traditional lands, which First Nations believe are protected by a treaty agreement with the Crown. 

It may be worth noting long-time Chief Simon Fobister was defeated in elections held last week at Grassy Narrows. He’s replaced at the head of council by Roger Fobister. 

Meanwhile, Weyerhaeuser spokesman Wayne Roznowski says they have no plans to use wood from the traditional land use area near the First Nation. However, this puts financial pressure on the mill in Kenora, since the company will have to spend more money to bring in wood. At the end of March, EACOM Timber said they wouldn’t use products from the area. 

Earlier this year, youth at the First Nation said they were prepared for “direct action,” if loggers challenged the blockade. It was first set up in late 2002.

A delegation of Treaty 3 chiefs, including the leader of Grassy Narrows, signed a declaration earlier this year, saying they wanted to take over management of the forest.

Statement from Weyerhaeuser:
We were not planning on receiving any wood from traditional land use areas of Grassy Narrows First Nation.

There are other areas within the Whiskey Jack Forest that are not in Grassy Narrows traditional use areas. If we get wood from the Whiskey Jack Forest it will come from areas such as those. We also purchase wood from other areas, including as far away as Manitoba.

The impact for us comes in increased costs as we have greater haul distances for some of this wood.

Statement from MNR:
The 2012-2022 Whiskey Jack Forest Management Plan, which was approved in December 2013, does plan for possible harvest opportunities within Grassy Narrows’ self-described traditional land use area. All areas will be “planned for”; however, harvest areas will only be harvested once a decision has been made to harvest a specific area and a license has been issued. This has consistently been Ontario’s position.
In the current Annual Work Schedule which covers 2014-2015, and which was developed as part of the Forest Management Plan, there are no areas planned for harvest ‎within Grassy Narrows’ self-described traditional land use area.

In addition, no harvesting activity is planned within 60 km of Grassy Narrows First Nation until at least April 1, 2015.
It is also important to note that most local communities support the approved forest management plan and want to be a part of forestry operations in the Whiskey Jack Forest.

Ontario supports greater involvement of Aboriginal peoples in the management of our forests and our government has been working with Grassy Narrows First Nation on forestry-related matters for many years.

We remain committed to a balanced approach that will see our natural resources benefit all who rely on them and look forward to the continued involvement of Aboriginal communities in discussions related to the management of the Whiskey Jack Forest – management that combines economic opportunity, forest conservation and environmental sustainability.

Statement from Grassy Narrows:
MNR Will Not Force Logging in Grassy Narrows Territory This Year

Toronto – Under intense pressure Minister of Natural Resources David Orazietti has reversed his position on logging in Grassy Narrows Territory this year. A logging plan made final by the MNR on December 23rd showed large clearcuts throughout Grassy Narrows Territory scheduled to take effect on April 1. The Minister now says that no clearcutting will happen this year on a huge area 18 times the size of the City of Toronto (11,304 sq km). The decision comes on the heals of boycotts, a request for environmental assessment from Grassy Narrows, and calls for renewed blockades by Regional Chief Beardy and the Grassy Narrows Youth Group.

In a written statement sent to media on March 26, Minister Orazietti stated that “no harvesting activity is planned within 60km of Narrows First Nation until at least April 1, 2015.”

This is a complete reversal of his ministry’s recent position on this contentious issue.

On February 3rd the CBC reported that “the Ontario Ministry of Natural Resources confirmed to CBC by e-mail on January 31st that clear-cut logging would start on April 1st” in Grassy Narrows Territory south of the English River – the half of the Territory closest to the community site which is not subject to Grassy Narrows’ Supreme Court case scheduled for May 15.

“I applaud the Minister for making the right decision and gives us time to work on an agreeable solution that respects the best interests of both sides,” said Chief Simon Fobister. “But the Wynne government is still hanging the threat of a decade of clearcuts over our heads year after year causing great distress for our troubled community. When will Wynne finally promise to respect our voice and commit never to force logging on our community against our will?”

The Minister’s decision comes on the heels of a commitment by major regional lumber company EACOM to avoid conflict wood from Grassy Narrows. EACOM’s commitment leaves no large operating mills in the region willing to accept conflict softwood from Grassy Narrows Territory. Without a buyer for the softwood it is uneconomical to log the less desirable hardwood which Weyerhaeuser continues to pursue for its Kenora iLevel Timberstrand mill. Weyerhaeuser and Prendiville Industries’ Kenora Forest Products (KFP) are the only major regional logging companies left that have not committed to avoid conflict wood from Grassy Narrows. The KFP mill has been closed indefinitely since April 2008.

Grassy Narrows has called for an individual Environmental Assessment of the clearcutting plan, based on scientific evidence that clearcutting is likely to raise mercury levels in fish – an impact that would deepen and prolong the tragedy of mercury poisoning in Grassy Narrows. Under provincial regulations logging cannot begin in Grassy Narrows Territory until the Ministry of the Environment has made a decision on Grassy Narrows’ request.

The Toronto Star reported on Tuesday March 25th that a spokesperson for Ontario’s Ministry of Natural Resources said it is “awaiting a decision from the Ministry of the Environment regarding a request for an individual environmental assessment” before the logging plan goes into effect.

Regional Chief Beardy, and the Grassy Narrows Youth Group have recently called for new blockades and direct action if Ontario attempts to force clearcut logging on Grassy Narrows.

Premier Wynne visited Grassy Narrows in the summer of 2012 as Minister of Aboriginal Affairs, saying that she wanted to rebuild Ontario’s relationship with Grassy Narrows to “get it right.” Instead Ontario has unilaterally pursued this clear-cut logging plan against the will of the community and without consent.

The plan sets out a schedule to clear-cut much of what little mature forest remains on Grassy Narrows Territory after decades of large-scale industrial logging. This will further erode the Aboriginal, Treaty Rights and the ability of the community to sustain their families and to practice their culture through fishing, hunting, trapping, medicine harvesting, ceremony and healing for all generations.

“Premier Wynne, it is within your power to ensure that the mistakes of the past are not repeated at the expense of another generation of Grassy Narrows children,” said Grassy Narrows Chief Simon Fobister. “I call on you to ensure that never again will Ontario attempt to force decisions on our people and our lands.”

The Supreme Court of Canada will hear Grassy Narrows’ case against Ontario on May 15, in a legal action which argues that Ontario does not have the right to unilaterally permit logging on Grassy Narrows land north of the English River due to promises made by Canada in Treaty 3.

The United Nations Declaration on the Rights of Indigenous Peoples, to which Canada is a signatory, requires that the free, prior, and informed consent of Indigenous peoples is given before industrial activity is permitted on their traditional lands.

Grassy Narrows is the site of the longest running native logging blockade in Canadian history – an ongoing grassroots action started in December 2002 that recently celebrated its 11th anniversary. Grassy Narrows youth, elders and women put their bodies on the line to stop logging trucks from passing.

Logging in Grassy Narrows Territory has been suspended since June 2008 when Boise and AbitibiBowater (now Resolute) bowed to the pressure of protests, blockades, boycotts, and legal actions by ceasing to source wood from Grassy Narrows Territory without consent and surrendering their license on the Whiskey Jack Forest.