I would love to introduce you to Bob Lovelace, who will be turning 60.
However, I can’t because he’s in jail. He is considered by many to be a political prisoner.
In 1979, Bob joined Chief Perry to research, negotiate, and then launch an uncompromising legal defence of the wild rice stands near Ardoch. He used peaceful, creative means to win this "Rice War," cultivating close ties between natives and “settlers” along the way. Although he came a line of Tslagi Indians, his commitment to the Algonquin communities of Sharbot Lake and others earned him a place among the Algonquins and he is now an Adopted Member of the Algonquin Nation. This adoption is not a token award, but demands a commitment to loyalty and service to the Algonquin nation. Bob has kept his word. His dedication to his People and to the environment are what lead to his imprisonment.
Bob has been fighting the opening of a uranium mine by frontenac ventures on Sharbot Lake which is within 60 miles of Ottawa. It rests on a watershed which feeds the NCR. The area contains several endangered species, and as a watershed, is critical to the health of surrounding areas.
Because Bob refused to stop his completely peaceful protest, he is now in prison, having violated an injunction ordering him to stop attempting to prevent Frontenac from occupying Algonquin land.
Lovelace said "I am in a dilemma. I want to obey Canadian law but Algonquin law instructs me that I must preserve Creation. I must follow Algonquin law." Judge Cunningham in his sentencing said, "There can only be one law - the law of Canada as expressed in this court."
Well, actually...Canadian law wasn’t being applied. If it had, Lovelace would not now be in prison. Since both the federal and Provincial governments avoided the issue through silence, and by claiming the other is responsible, many natives and non-natives protested peacefully to defend not only their land, but the environment as well.
Canadian courts have clearly established that whenever the rights of Aboriginals may be affected, by law governments have to hold serious consultation with First Nations to identify and accommodate their concerns. This was not done. Frontenac had already staked their claim and moved in equipment before the Algonquins were aware any plans were underway.
Lovelace’s defence was tossed out by the judge as irrelevant, without discussion of Native rights being considered.
The judge in the case handed down this harsh sentence along with heavy fines, saying "compliance with the orders of this court are not optional". The underlying issue, however, is that the government of Ontario did not consult with the First Nation community before issuing exploration licenses in Algonquin territory.
Despite repeated calls for environmental impact studies (which are supposed to be done in any case), the province has not insisted these be done.
Dalton McGuinty and the Harper government both actively work toward uranium mining and nuclear development. They did not enforce existing laws meant to protect Canadians, First nations, land, and the environment. The Ontario Government stated this week there will be no moratorium on uranium mining despite the constant petitions asking for one over the past year. Even the City of Ottawa pretty much unanimously recommended one until impact studies can be done.
Amnesty International has been watching the Sharbot Lake developments for some time and released a statement expressing concern over Bob’s arrest.
"The situation defies justice," says Craig Benjamin, Amnesty International Canada's Campaigner for the Human Rights of Indigenous Peoples. "Indigenous leaders and their supporters are facing stiff punishments for doing what they feel is necessary to protect rights that may one day be upheld in court or in the land claims process. Meanwhile the provincial government is ignoring its own legal obligations without any accountability." Depending on the potential impacts, courts have found that this legal duty may include other more stringent measures "to avoid irreparable harm", including in some cases agreeing to proceed only with the consent of the affected peoples.
This is not the first time Aboriginal rights have been stomped on in favour of developers and mining companies. The outcomes have bred tension, to put it mildly. Several reports have been created as a result of these confrontations, but governments don’t take them seriously enough to change the way they deal with Aboriginal issues.
Shortly before the blockade began last summer, a high level provincial inquiry into Indigenous land rights disputes in Ontario concluded that "the single biggest source of frustration, distrust, and ill- feeling among Aboriginal people in Ontario is our failure to deal in a just and expeditious way with breaches of treaty and other legal obligations to First Nations." The Ipperwash Inquiry report went on to recommend that provincial laws, policies and practices must be reformed to ensure that they are consistent with the government's legal obligations toward Indigenous peoples, including the duty of consultation, accommodation and consent.
All Canadians to realize this isn’t just Lovelace’s fight, nor the Algonquin’s fight, but the fight of all Canadians. Our rights are being attacked individually. Small groups are being attacked. But it all connects. We need to demand equal justice for all, at all times, and we need to demand existing legislation is enforced when it comes to corporations. Anytime we let governments by pass legislation for the benefit of corporations, we are all at risk. Legislation was put in place for the welfare of Canadians, and governments need to apply it evenly, consistently, and in accordance with the law.
Also, outdated mining laws affect all of us as we need to rethink best land use, and as study after study shows the terrible impacts mining has for many miles surrounding mines.
The fact that provincial mining laws and policies are out of step with the constitutional duty of meaningful consultation is acknowledged in a January 2007 discussion paper issued by the Ministry of Northern Development and Mines. Despite this, the province continues to allow companies to stake claims and initiate exploration with little or no consideration of Indigenous interests.
Canadians also must recognize Native rights, and see that they are enforced. Aboriginals are the Original People. Our governments signed treaties with them and made agreements. Our government cannot simply ignore these when they are inconvenient. I doubt very much that Lovelace would now be in prison if he was not of the First Nations.
Proof? Remember this guy?

His activities involved blockades and preaching civil disobedience.Hillier rode in on his history of civil disobedience to become MPP in Lanark County. Lovelace, in the same district, became a prisoner.
Randy Hillier changed his tune about land rights once he was elected.
If you would like to attend Bob’s birthday party:
Location: Perth’s The Myriad Theatre Old Perth Shoe Factory Theatre
Date: Saturday, March 1, 2008
Time: 1pm
There will be a film screening of the National Film Board’s
"Uranium", followed by birthday cake and time for discussion. Fund raiser for the First Nations’ legal funds and CCAMU.
If you would like to write to Mr. Lovelace to show your support:
Mail to Bob Lovelace:
Central East Correctional Centre
541 Hwy 36
Lindsay, Ontario K9V 4S6
2 comments:
This country is in need of a revolution....but quick!
for sure. No government has stuck up enough for individual rights against corporations, and the Aboriginals have received the most appalling treatment. The Original People, we brag about multi-culturalism and how we revere it, but our governments try to force integration on Natives to the point of wiping out Aboriginal cultures.
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