Building bridges between all communities
Issue link: http://publications.winnipegfreepress.com/i/73121
JULY 2012 • PAGE 25 Serpent River First Nation seeks judicial review Serpent River First Nation Chief and Council have made application at the Divi- sional Branch of the Superior Court of Ontar- io for an application of a Judicial Review for the Spine Road Development approved by the City of Elliot Lake on December 13, 2010. "The levels, layers and complex history of municipal jurisdiction must be clarified as it pertains to the unconstitutional infringe- ments on inherent and treaty rights of First Nations in Ontario. There are far too many examples of First Nations not having a say in planning processes on lands within mu- nicipal boundaries where there are heritage and culturally significant values. We want to legally address both issues of process and procedural steps taken on specific identified areas in the City of Elliot Lake," says Isadore Day the chief of Serpent River First Nation. Serpent River First Nation is opposing the decision by the City to allow the development of the lands and Chief and Council are ada- mant that the municipality does not speak for them. "The City's decision to set aside lands recognized by the City as containing burial mounds was made without engaging and consulting the First Nation, to me this is cir- cumventing the voice and the legal rights of our First Nation to be meaningfully engaged," says Chief Isadore Day, Wiindawtegowinini. The purpose of the Judicial Review is to have a reconsideration on the oversight by the Crown and the municipality of the City of Elliot Lake by not adhering to the require- ments of the Planning Act, the Municipal Act and the Constitution Act, 1982. Serpent River First Nation is intending to shed legal criticism on the lack of a proper consulta- tion process. "When the City of Elliot Lake unilaterally made decisions not to inform the First Nation community of their decision and then later appealed on behalf of our First Nation on their archaeological findings; the City of Elliot Lake placed into question their action as well as the legal rights of our First Nation," says Chief Day. The Chief says that what makes this complex is that the city has no right to determine the level of scope and detail of their concerns and how to mitigate those concerns. Serpent River First Nation fully advocates for jurisdiction and control of their treaty lands by employing the laws on Consultation; Ac- commodation and Free, Prior and Informed Consent. Chief Isadore Day, Wiindawtegowi- nini, has said "No longer can the City act unilaterally on our behalf. Making a decision that affects our community cannot be done Silver reappointed as chancellor nipeg's Board of Regents and Senate have jointly business and community leader Robert (Bob) Silver to serve a second term as the Univer- sity's Chancellor, effective July 1, 2012. Silver, President of Western Glove Works, co-owner of the Warehouse One retail chain, and co- owner of the Winnipeg Free Press and Bran- don Sun, was first selected to serve as UWin- nipeg's 7th Chancellor in June 2009. "Bob Silver has been a tireless advocate WINNIPEG, MB – The University of Win- reappointed well-known Winnipeg incredibly important role in providing post- secondary education to our children, to pro- viding access to those in need, to bridging the gap between communities, to practicing and teaching inclusiveness, and to further developing our downtown and our city," said Silver. "I am honoured to continue in my role as Chancellor and to contribute to the univer- sity's future." The position of Chancellor is a volunteer, "The University of Winnipeg plays an for UWinnipeg and has brought real commit- ment and enthusiasm to his role as Chan- cellor," said Craig Lee, Chair of the Board of Regents. "He has been a strong contributor to the governance of the University, providing wise counsel to me and as a Director of the University of Winnipeg Foundation." renewable three-year term. Primary respon- sibilities include participating in Convocations and conferring degrees, participating in meet- ings of the Board of Regents, Senate, and committees, as well as assisting with govern- ment relations and promotion of the University. ~ Diane Poulin, Communications, U of W Bob Silver – biography ence degree with honours from the Univer- sity of Manitoba in 1970, majoring in Mathe- matics and Statistics. Bob has been involved in business since 1970. Since 1980 he has been the President of Western Glove Works, a Winnipeg-based company involved in the Bob Silver obtained a Bachelor of Sci- manufacturing and merchandising of casual apparel. He is also co-owner and director of Western Glove Works and Warehouse One retail clothing chain. He is the President and beneficial owner of RIS Media Ltd, a Gen- eral Partner of FP Canadian Newspapers Limited Partnership. He is also a founder of Canterbury Park. Some of Bob's volunteer positions have included: Co-Chair, Premier's Economic Advisory Council Chair, Smart Park at the University of Manitoba Member, Business Council of Manitoba Board Mem- ber, Canadian Apparel Federation Board Member, Destination Winnipeg. without informing us and engaging us. As First Nations, we have come a long way from the paternalism faced by other jurisdictions, we certainly cannot have a municipal govern- ment down-grading our jurisdiction." The Judicial review will commence within the next few months and Counsel has pre- pared a thorough compilation of records and facts to support Serpent River First Nation's constitutional position. The application to the Divisional Court is seeking a ruling on the improper actions conducted by the Provincial Crown and the City of Elliot Lake. The First Nation is seeking to have the Court reset the requirement for the Crown and the city to conduct meaning- ful consultation and accommodate the First Nations having an actual say and construc- tive level of participation in reviewing and discussing archaeological Clearly, a favoured decision by the Divisional Court may allow the Spine Road Develop- ment to start over again in a proper and re- spectfully manner. For Further Information contact: Chief Isadore Day, Wiindawtegowinini Serpent River First Nation Phone: 705-844-2418 Email: iday.srfn@ontera.net three Aboriginal women Deep sadness over alleged homicides of The Assembly of Manitoba Chiefs considerations. (AMC) has recently learned of the arrest of Shawn Cameron Lamb, 52 years of age who has been charged with three counts of 2nd degree murder involving three Ab- original women: Tanya Jane Nepinak (age 31), Carolyn Marie Sinclair (age 25) and Lorna Blacksmith (age 18). Grand Chief Nepinak stated: "I am sad- dened to learn that two of our First Nations mothers and a member of our youth may have been violently taken away. First Na- tions women are sacred and valued citi- zens of our First Nation communities and are the center of our families. They must not be treated as second class citizens and the continued murders and disappearanc- es of our First Nations women have their roots in systemic discrimination." The statistics of murdered and missing First Nation/Aboriginal women is worse in Manitoba than the rest of Canada – 81% vs 67% national average and First Na- tions/Aboriginal women account for 53% of all missing female cases in Manitoba. 64% of these murder cases occur in ur- ban areas particularly Winnipeg – which is higher than the national average of 58%. Over the last 20 years, over 600 First Na- tion/Aboriginal women and girls in Canada have been reported missing or murdered and the AMC believes that there may be many more. Nepinak went on to say "This has be- Bob Silver, Chancellor, The University of Winnipeg come such an important and unaddressed issue in our country that the United Nations Committee on the Elimination of Discrimi- nation against Women (CEDAW Commit- tee) will conduct an investigation into the 600 documented murdered and missing First Nations/Aboriginal women in Canada in the last 20 years. AMC has recently begun to raise funds through the First Nations Women's Committee to respond to the number of requests for searches, to raise awareness of the disappearance of the family members, to lend emotional support when perpetrators are taken to trial and provide ongoing assistance in ar- ranging meetings with policing representa- tives in order to obtain updated information on their missing loved ones. We join the families in hope and prayer that the re- maining missing loved ones return home." ~ Sheila North Wilson Chief Communications Officer, AMC