Indians’ control of land will frustrate development

Is there any future for resource development in Ontario? The federal and Ontario governments, for example, have signed an interim agreement with northern Ontario Indians that gives tangible recognition to the Indians’ purported interest in land and resources. This agreement covers more than half of Ontario, including all land north of the 50th parallel claimed by Indians of Treaty No. 9; another agreement is expected to be signed with Treaty No. 5 Indians on an additional large area south and west of Timmins, Ont.

Under terms of the agreements, plans for all work and development to be undertaken in these areas by government or the private sector on Crown lands are to be reported to the Indians of treaties 9 and 5 for a period of three years. In the meantime, a formal agreement concerning self-government and land claims will be negotiated. Substantially, more than half of Ontario’s land mass is involved.

Every permit for work or development that includes mineral exploration, timbering, road building, power development, presumably even fishing and trapping will be subject to approval by an Indian group. They will have 30 days to review the application, during which time no work can be undertaken. If they object to the undertaking, then you will be obligated to negotiate with them in an effort to satisfy their concerns.

From the air a casual observer of the area north of the 50th parallel sees a giant spruce swamp surrounding the forbidding string bogs of the James Bay Lowlands stretching for hundreds of miles. This poorly accessible terrain, however, is host to an impressive array of natural resources as documented in the reports of the Royal Commission of the Environment North of the 50th. The development of hydro-electric power is scheduled on the large rivers south of Moosonee. It is the last frontier for potential base, precious and industrial mineral deposits. Poor access has restricted exploration and development.

The mature natural resource industry south of the 50th parallel in the Kapuskasing, Timmins and Kirkland Lake areas is a major provider of jobs, metals, timber and money for the province. This area still holds promise for additional production.

As a result of the Oka incident and other events across Canada this past summer, the governments have decided to institute major transfers of Crown land and their regulation to various Indian groups.

It is difficult to understand how the Cree and Ojibwa in this part of Ontario can justify their claim to major land transfers. According to Peter C. Newman in his book Company of Adventurers, most of the Indians migrated to this area from the west to trade with the Hudson’s Bay Co. 300 years ago.

They established temporary camps along water routes and the shores of James Bay which gradually became permanent, particularly after promulgation of treaties 9 and 5 in the early 1900s. They agreed to various entitlements and land reservations. These reservations have turned out more like concentration camps than livable settlements, but this has nothing to do with such a major jurisdictional change.

Certainly without the provisions of the federal government, however meagerly perceived, the Indians would have long since migrated to a less forbidding environment or have been decimated by deprivation.

In three years some form of self- government and major land base are to form a new agreement with the Indians of Treaties 9 and 5. It is unlikely that much business will be undertaken between the private commercial sector and the new land barons.

There will be little revenue for the Indians by simply administering the existing Timbering and Mining Acts. The major revenues, in the form of taxes, come from existing operations on private lands, apparently not subject to the proposed agreements. The potential financial gains from mining depend on successful exploration in turn influenced by a variety of outside factors not controllable by local governing bodies. The availability of financing and land access are principal factors.

Will there be agreements outside the present Acts, whereby land rentals, mineral royalties or stumpage fees are payable to the Indians? Few, if any, businesses would be prepared to undergo the frustration. Mining is an international business and many already feel that there are better opportunities elsewhere.

Similarly, there is no indication that the Indians are prepared or capable of developing the resources themselves. Mineral exploration is a high-tech business requiring large amounts of seed money; and with the very onerous environmental laws and regulations, only the richest corporations are involved with the startup of a new mine.

Undoubtedly, this new restructuring of more than half of Ontario will require a new level of bureaucracy to be paid for by the taxpayers. I doubt there will be any benefit to the Indians but the reduction in resource development will surely lower Ontario’s standard of living.005 0000,0600 Ron Bradshaw, P. Eng., is the president of Shield Geophysics Ltd.