2017-Jul-06
IMPORTANT Update on the Wiikwemkoong Islands Boundary Land Claim and Recently Released Draft Environmental Study Report
On June 12th the Ontario Ministry of Indigenous Relations and Reconciliation released the Draft Environmental Study Report (ESR) related to the Wiikwemkoong land claim. On the GBA web site, the “Notice of Opportunity to Inspect” may be found at http://www.georgianbayassociation.com/wp-content/uploads/2017/06/Notice-to-Inspect.pdf and the ESR itself at http://www.georgianbayassociation.com/wp-content/uploads/2017/06/DRAFT-WUT-ENVIRONMENTAL-STUDY-REPORT.pdf We strongly urge that you take the time to read through the document. It is open for public comment until August 11th.
In order to transfer land to Wiiky the Province is required to go through a Class Environmental Assessment to evaluate potential environmental, social, cultural and economic impacts of transferring the land. While this is only part of the settlement negotiation process, it is a very important part as it is the only avenue we have as stakeholders with an interest in the proposed claim area to voice our opinions. As the claim settlement negotiations relate to a legal claim between the Wiiky and the Province, we have no other way than this of having our voice heard on whether you agree or disagree with the approach the Province has taken to the claim – with the possible exception of election time on or before 7 June 2018.
In August to December 2015 we were provided the opportunity to comment on the proposed disposition of Crown Lands for this settlement as part of Open Houses and a comment period at that time. The Draft ESR summarizes what the Province heard during that process, and it does make note of the objection to the proposed transfer of Crown lands by the majority of people that live in and visit the area. Unfortunately, within this ESR the Province has not provided many solutions or “mitigation measures” to the majority of concerns raised. This differs from our reading of the guidelines for Class EA processes and from professional opinions we have received which suggest that the Province should have waited until more solutions to identified concerns were developed so they could be presented in the Draft ESR for our comment. Furthermore, they have chosen to address the impacts of only known proposed uses of the lands in question, not possible but as yet uncommitted uses. This we believe is a significant shortfall of the Draft ESR.
We believe the Province has put us, and especially our Northern Georgian Bay Association members in a difficult position with respect to the Wiikwemkoong people, by forcing us to consider objecting to the proposed transfer of lands through the EA Process, given that there are no solutions yet proposed to our concerns. In light of the significant effort we, the NGBA and GBA, have expended to build a dialogue with the Wiiky and support a settlement that is fair and equitable to all, this is very unfortunate.
There are two over-arching issues related to the EA Process which we maintain have not been addressed to our satisfaction. The first relates to continued access to the Crown lands that have become an important part of both NGBA’s heritage, as seasonal residents for almost 100 years, and of many other Georgian Bay residents, boaters, canoeists, kayakers, etc. who visit the area in large numbers every year. The second relates to the Province’s long-standing commitment as part of Policy P189, pursuant to Ontario’s Living Legacy – Land Use Strategy, to create a park on Philip Edward Island and the surrounding islands to forever protect the pristine nature of one of the most beautiful archipelagos in the world.
Regarding the first, the NGBA and GBA have been in discussions with Wiikwemkoong to create an agreement in principle (eventually leading to a binding agreement) that would protect the way local cottagers have enjoyed the lands around them, including:
- ensuring access;
- development restrictions – low density cottage development only, no resource or large commercial developments; and
- option to lease adjoining land.
The proposed agreement that NGBA and the GBA have been negotiating with Chief Peltier (as distinct from the Province’s settlement process and the ESR) addresses most of the concerns that have been raised. NGBA hope to have an agreement in principle completed in the next two to three weeks so that they may circulate this to their members for review and a vote at their August long-weekend AGM. (GBA would be a co-signatory to any final and binding agreement, and as such, the agreement in principle would need to be reviewed and approved by our Board.) While we don’t have a formal agreement in place yet, latest indications are that we are converging on an agreement in principle with Wiikwemkoong. Hopefully this latest iteration works out as planned. If it does not, we will need to quickly mobilize to raise our voices, prior to the Aug 11 deadline, in strong objection to the Draft ESR.
On a related note, if and when we reach an agreement with Wiikwemkoong it is our desire and intent that this would be referenced and enshrined in any eventual claim settlement agreement between the Province and Wiiky.
As to the second over-arching issue, unfortunately there has been relatively little progress or commitment from either the Province or Wiikwemkoong to the creation of a park upon transfer of the lands, a park owned and managed by Wiikwemkoong. You will see some references to this in the Draft ESR. It seems that all parties want the Philip Edward Island and archipelago area to become a park, but the two main parties – Wiiky and the Province – have what appear to them (and the Wiiky claim) to be insurmountable hurdles. The Province have never been able to live up to their commitment to make the area a park because of a Consent Order issued many years ago preventing the Province from developing or making changes to use of Crown Lands within the Wiikwemkoong claim area as long as the claim remains unsettled (this is also explained in the Draft ESR). Also, the Province have a policy of not imposing on the First Nations a requirement on how the land should be used once it is transferred. On the other hand, Wiiky argue they cannot commit to a park until one, they have the land, and two, they have the resources to complete a feasibility study to evaluate whether a park would be economically viable. It would also appear that they don’t want to make a permanent commitment to a park binding their future generations, particularly in the event the park becomes a money loser.
We at NGBA and GBA believe that there must be a creative solution to make happen what all parties desire and which would be the best outcome to preserve the pristine and unique environment of Northern Georgian Bay for access by all people, for all time. Working with the Wiiky and with the Province, this is what we are striving to accomplish. As such, and if you agree with the view of the NGBA and GBA on this topic, we urge you to read the Draft ESR and begin to think about what you as an individual may want to say to the Province.
You will note a reference in the ESR to a second and larger claim by the Wiiky for Crown islands outside this “central” claim, and running from Sault St. Marie south to O’Donnell Point. Our efforts for now are focused on the current central claim and supporting our member association, the NGBA. We will address the larger claim at a later date, if and when it arises.
In the first week or two of July we will provide an update and suggestions for comments to the Province on all of the above topics.
We will have one more opportunity to comment on the Final ESR when it is issued, perhaps towards the end of the year. However, by that time there will be less opportunity or likelihood on the part of the Province to make significant changes either to the proposed settlement and the EA process, or to any commitment on their part to address our concerns.
Please pass along this to friends you know are – or should be – interested in this important matter.
John McMullen
Past President,
GBA June 26, 2017