For almost a century, citizens from 7 First Nations in southern Ontario were persecuted and legally prosecuted for practicing their Inherent and Treaty rights. These 7 First Nations are known as the Williams Treaties First Nations (WTFNs) which include the Chippewa Nations of Rama, Beausoleil, and Georgina Island, and the Michi Saagiig Nations of Hiawatha, Curve Lake, Alderville and Scugog Island.
In 1923, two treaties were signed called the Williams Treaties—identical treaties but for one being signed by the Chippewa Nations and the other signed by the Michi Saagiig Nations. From 1923 to 2018, the federal and provincial governments wrongfully asserted that the WTFNs extinguished their rights by signing the 1923 treaty and could therefore not harvest outside of their (very limited) reserve lands. This unjust interpretation resulted in serious environmental, economic, legal, and spiritual impacts.
Environmental and economic impacts included governments and proponents pursuing extensive industrial development and wealth in the territory without any consultation or care for the impacts to Anishinaabe rights and way of life. At the same time, environmental depletion occurred, and healthy harvesting areas shrunk at exponential rates.
Today, there are limited areas for the WTFNs to exercise their rights due to all of the development. Harvesters are being forced further north (which is a significant time barrier to being able to exercise rights), or, if harvesting in southern Ontario, they must know and endure harvesting restrictions (ie: don’t eat more than 2-3 fish due to high toxin levels).
Furthermore, billions (maybe trillions?) of dollars have been made by Canada, Ontario, and industry through the unrestrained development of the WTFNs’ territory. All the while, the WTFNs struggled economically and financially. The WTFNs experienced the loss of a healthy environment and the ability to exercise rights, and then were left out of opportunities for any financial gains that could have come from the development of their lands. It was a perpetual lose-lose situation.
Legally speaking, between 1923 and 2018, the WTFNs were considered only ‘interest holders’, which meant they were just like any other stakeholder who could receive information about projects but could not take legal action to protect any rights.
The forced restriction of exercising rights, the loss of land, and the depleted health of the environment, directly impacted Anishinaabe spirituality. For example, as a Michi Saagiig Anishinaabe-kwe from Hiawatha First Nation, I remember growing up and being afraid to go fishing or hunting. My Dad would warn my brothers and sisters and I that we risk being stopped and charged by conservation or police officers. Many of my family and friends share similar and more extreme stories—some having to hide or secretly harvest, many being caught in the court system, some enduring physical violence and even getting shot at when caught harvesting.
Harvesting is a way to connect to the land and is a primary aspect of our spirituality. As I reflect, I now realize that the government wanted us to be afraid of practicing our spirituality. They wanted to sever our relationship with the land by making us afraid to connect with her. They almost did it. They had us afraid for a very long time. Some of our people still are. It is all part of the systematic colonization and genocide against Indigenous peoples on Turtle Island.
The WTFNs have always known that their Inherent and Treaty rights were never extinguished. Since 1923, the WTFNs fought to have this truth reaffirmed legally through decades of court actions, negotiations, and advocacy. They were finally successful in 2018.
In the 2018 Williams Treaties Settlement Agreement[i], both the federal and provincial governments provided an apology for the century long persecution of the Williams Treaties First Nations. They also reaffirmed their Inherent and Treaty rights, including those in pre-confederation treaties which include harvesting areas outside of their reserves.
The practical impacts of this agreement were that the WTFNs could harvest in their traditional and treaty territory, not just on reserve. They do not have to fear legal prosecution anymore. Governments and proponents must approach the WTFNs as rights holders who must be consulted for potential and real impacts to rights, and must be accommodated for impacts to rights.
As rights holders, the WTFNs can defend their rights in a court action, if necessary. It is not enough to simply share information with the WTFNs about projects. There needs to be engagement, consultation, and consent. The failure of government or industry on these legal obligations may lead to major project failures. And rightfully so.
Unchecked industrial development has been allowed in WTFNs territory for the past 100 years and the adverse cumulative effects continue to compromise their ability to practice their way of life. There is no longer a place free from developmental impact. Each project that is presented to the WTFNs, may not be significantly adverse in and of itself, but added to all those before and without any accounting of the overall effect, any amount of development threatens the lands upon which they rely to practice their culture. In the 2021 B.C. Supreme Court litigation, Blueberry River First Nations referred to this process as ‘death by a thousand cuts’. [ii]
We have all inherited this circumstance and we must figure out how to move forward in a good way together. Some solutions may be presenting themselves in other jurisdictions like British Columbia. Since the 2021 British Columbia Supreme Court decision with Blueberry River First Nations, B.C. and Blueberry River must now work together to find a way to assess and manage cumulative impacts in order for new development to occur. They are working to find a path to sustainable development that respects Treaty rights, and strikes a balance between the environment, economy, and local jobs.[iii] Imagine the WTFNs being given the opportunity to find a path to sustainable development in this manner? Ambitious, I know; but our ancestors fought bigger battles with less, and won. So why can’t we?
Chi miigwetch Ogitchidaag (warriors) and Ogimaag (leadership) who never gave up on fighting for the rights of the Williams Treaties First Nations. May we carry that legacy forward. N’ahow.
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