And now:[EMAIL PROTECTED] writes: From: David McLaren <[EMAIL PROTECTED]> via [EMAIL PROTECTED] 29 September 1999 NAWASH FIGHTS WHITE CEDAR CUTTING IN NORTH BRUCE Ralph Akiwenzie, Chief of the Chippewas of Nawash in the Bruce Peninsula, read a strong letter opposing the cutting practices of loggers in the Bruce Peninsula at the September 27th Council meeting of the Municipality of Northern Bruce Peninsula. The Bruce National Park made a presentation to Council also expressing concerns about proposed cutting in the Bruce Peninsula's cedar deeryard. Chief Akiwenzie has already written to Northern Bruce Mayor, Milt McIver, and the Bruce County Council outlining the Band's concerns over unsustainable cutting practices in the northern part of Bruce County. One logging operation in particular, the No rthern Bruce Timber Company, operated by Chris Rovers, is cutting, milling and shipping a large quantity of white cedar from lands bought by Frank Rovers (of Conestoga Rovers Environmental Consulting in Waterloo Ontario). Representatives of the First Nation have viewed areas cut by the Northern Bruce Timber Co. and noted the following: * Cut areas were piled with slash, sometimes over 12 feet deep, creating a severe fire hazard. * Cutting was not done in accordance with white cedar cutting guidelines published by the Ontario Ministry of Natural Resources. * Large areas where white cedar was cut left other trees open to the wind, resulting in a high degree of blow-down, principally poplars. * Cut areas with deep slash and wind-blown trees have made traversing the area impossible for large animals such as bear and deer. * Although the slash is not deep in other areas, the ground is exposed to drying, making it unlikely cedar will be able to re-generate itself. * Some of the white cedar trees near cutting areas, particularly in upland areas on ridges of limestone, are 90 years old (as tested by the MNR)-in other words, as old as the trees that began to grow after the devastating fire that swept the Bruce Pen insula at the turn of the Century, itself caused by the poor forestry practices of the day. The age of trees still standing begs the question of whether the area can sustain another logging within the 30 years assumed by the Company. * Apparently, unopened road allowances were cut as well, without permit from the Municipality. Road allowances are a key part of the multi-billion dollar land claim launched by the Chippewas of Nawash and Saugeen in 1994. In his letters, Chief Akiwenzie said, "The Company's cedar cutting is not being managed to benefit biodiversity. We fear the practices as reported will adversely affect the flora and fauna in the areas that are being cut. We are especially concerned w ith the effect on the deer yards to the west of Highway 6." The Rovers have bought some 3000 acres in the area of the Bruce National Park and their Company inadvertently cut 100 acres of the Park. They have also bought 1400 acres not far to the west of the Nawash and Saugeen FNs' hunting reserves. That purchas e includes the cedar yards the Peninsula's deer heard use over the winter. We also believe some of those lands include lands designated by the County as "hazard lands"-lands that include significant wetlands. In letters to Ministry of Natural Resources Minister John Snobelen and Environment Canada Minister David Anderson, Chief Akiwenzie expressed concern about the potential effect on the Bands' section 35 hunting rights and on the adverse effect on habita t. The Massasauga rattler, indigenous to the Bruce is on the endangered species list. Chief Akiwenzie also notes that the only non-Native government trying to assert some control over unsustainable cutting practices on private lands is the County of Bruce. However, the County's tree-cutting by-law does not cover trees (except for sugar maple and white ash) north of Hepworth. That leaves the entire Bruce Peninsula vulnerable to unsustainable forestry practices. Inadequate regulation of tree cutting on private lands is not common to the County of Bruce, it is a problem throughout sou thern Ontario where much of the remaining forests and woodlots are on private land. FOR MORE INFORMATION- Further background is on the Dibaudjimoh Nawash web site at http://www.bmts.com/~dibaudjimoh/page4.html (click on "Open season on white cedar") If you want to write to Mayor Milt MacIver of the Municipality of Northern Bruce Peninsula, his address is Municipality of Northern Bruce Peninsula, Box 189, Tobermory, ON, N0H 2R0 (fax: 519-793-3823). Environment Canada will soon be introducing an Endangered Species Act. Write to the minister to point out the threat to endangered species of these kind of logging practices on private land. Hon. David Anderson's e-mail is [EMAIL PROTECTED] MNR WANTS A CLASS EA ON PROVINCIAL PARKS AND CONSERVATION AREAS (EBR Policy Posting PB9E6013) Written comments will be accepted until October 13, 1999 on an MNR policy proposal to manage provincial parks and conservation reserves under a class EA. The MNR has the authority to create provincial parks under the Provincial Park Act and to create conservation reserves under the Public Lands Act. The MNR is bound by the Ontario Environmental Assessment Act and has been managing parks and reserves under exemption orders under that Act. The MNR now wants a class EA in order to enable it to continue to manage parks and conservation reserves on a long term basis. A class EA will essentially further remove the MNR from public scrutiny. However, much depends on the terms of reference of the Class EA and that is the real purpose of this posting-to receive input from the public on how the MNR should be managing parks and conservation reserves. The EBR posting has few details. A complete package of information can be requested from: Barton Feilders, Manager Ontario Parks Planning and Research Section 300 Water Street Peterborough, Ontario, K9J 8M5 phone: (705) 755-1730 fax: (705) 755-1701 HISTORICAL NOTES ON NAWASH- On May 27th, 1994, the Saugeen and Nawash First Nations filed a statement of claim against Ontario and Canada for a breach of their fiduciary obligations to the First Nations in the negotiations and signing of the Treaty of 1854. The Saugeen and Nawas h Ojibway are also asserting ownership of road allowances currently vested in municipal defendants in Grey and Bruce Counties. Together the Saugeen and Nawash Ojibway signed the 1836 Treaty which resulted in the loss of one and a half million acres of their traditional territory just south of what is now the Bruce Peninsula. In return for all that land, the First Nations got a promise that Canada would protect their fishery as well as their new home, the Bruce Peninsula. In 1854, they signed another treaty which resulted in the loss of the Peninsula itself (some 500,000 acres). The two Bands are seeking financial compensation for lands that were sold but cannot be returned to the First Nations because they are owned by private parties; and for financial compensation for the loss of use of lands in the Bruce Peninsula since 1 854. The value of the Bruce Peninsula, set by independent assessment is 80 billion. In 1995, an Ontario court recognized the Chippewas of Nawash and Saugeen have section 35 constitutional rights to fish for trade and commerce. That decision (the Jones-Nadjiwon decision) required Ontario to open the fishery around the Bruce to Native fishermen. The Ontario government has bought out non-Native fishermen for some $14 million, but has yet to sign a fishing agreement with either Band. Nevertheless, the Nawash FN has instituted its own fisheries management regime. It has also begun to take a more active role in protecting lands and waters in its traditional territories. ------------------------------------------ David McLaren [EMAIL PROTECTED] Visit Nawash on the Web: http://www.bmts.com/~dibaudjimoh ------------------------------------------ Reprinted under the Fair Use http://www4.law.cornell.edu/uscode/17/107.html doctrine of international copyright law. &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ UPDATES: CAMP JUSTICE http://shell.webbernet.net/~ishgooda/oglala/ &&&&&&&&&&&&&&&&&&&&&&&&&&