Saugeen Nation Declares Sovereignty Over Saugeen Waters
Rich Winkel
** Topic: Saugeen Nation Declares Sovereignty Over Saugeen Waters **
** Written 7:44 PM Sep 27, 1995 by econet in cdp:headlines **
/* Written 8:22 PM Sep 23, 1995 by web:eye in en.announcemen */
/* ---------- "Saugeen sovereignty over its waters" ---------- */
GOVERNMENT of SAUGEEN
For Immediate Release
THE SAUGEEN NATION DECLARES SOVEREIGNTY OVER THE WATERS AROUND
THE SAUGEEN/BRUCE PENINSULA
DULUTH, MN -- (September 23, 1995) -- Richard Kahgee,
Chief of the Saugeen Nation, in a historic declaration
made before the International Joint Commission (IJC) on
Saturday, invoked the Saugeen nation's sovereign status
under international law and declared its sovereignty
over the waters around the Saugeen/Bruce Peninsula.
"We are doing no more than reaffirming our inherent
right to these waters and our jurisdiction over our
resources around the Saugeen/Bruce Peninsula. We never
relinquished our right to these waters under any treaty
or agreement," said Chief Kahgee in an interview.
The Saugeen Nation will begin immediately to implement
various aspects of its authority. This includes, for
example, determining fishing seasons, establishing
quotas, undertaking conservation analysis and announcing
dates upon which the Saugeen shall begin to issue
commercial and sports licenses.
"It is our belief and good faith that the process of
withdrawal by the Governments of Canada and Ontario can
occur in an orderly manner," added the Chief. "We will
be delivering our Declaration as a sovereign nation to
the Prime Minister of Canada and to the Department of
Foreign Affairs in Ottawa."
Chief Kahgee called upon the Governments of Canada and
Ontario to withdraw any semblance of authority over the
waters by January 1, 1997. In the period of transition,
beginning immediately, the Saugeen Nation will engage in
nation-to-nation negotiations with the aim of
establishing an international covenant on the co-
operative measures necessary for the maintenance of the
fisheries and of the related general health, stability
and viability of the international waters known as the
Great Lakes.
The Duluth Declaration evolves from the failure over two
centuries of consecutive forms of settler governments to
honour the numerous nation-to-nation treaties between
various governments and Aboriginal Nations. Over this
period, the Saugeen Ojibway have consistently fished
these waters and resisted the erosion of the fisheries
by non-native users.
Said Kahgee, "We saw our legal interests in these waters
clearly acknowledged by governments, on one hand, and
then conveniently forgotten, deliberately abused,
corrupted and denied."
In a 1993 Ontario Court of Justice decision, Justice
Fairgreave stated (within the context of the Canadian
constitution), in finding in favour of the Saugeen
Ojibway's right to the fishery, that the evidence
submitted showed "a relentless incremental restriction
and regulation of the admitted Aboriginal right, despite
continuing protests, petitions, objections and
resistance" by the Saugeen Ojibway. The Ontario
government has not appealed this decision.
"Though, as a sovereign nation, we are not bound by the
Ontario Courts, the Fairgreave decision and hence
Canadian law supports our inherent and treaty rights to
the fisheries," said Chief Kahgee.
The Declaration was made at the Eighth Biennial
Conference of the IJC in Duluth. The IJC's primary role
is to monitor and assess progress made by Canada and the
US and the states and provinces bordering the Great
Lakes pursuant to the Great Lakes Water Quality
Agreement. The IJC was formed under the Boundary Treaty
of 1908, a bilateral agreement between the US and
Canada.
Said Chief Kahgee, "We chose to make our declaration
before an international forum which should recognize the
role of Aboriginal communities in managing the waters.
The bilateral agreement between Canada and the US
regarding management of the Great Lakes should include
Aboriginal Nations.
We call upon all nations to respect the past, respect
the future"
In reference to the IJC's mandate, the Saugeen Nation
notes that "Aboriginal people have lived from time
immemorial on these shores. We have fought for our
inherent rights both to fish and to regulate the
fisheries in these waters. And we have watched as
Canada and the United States have allowed the erosion of
the integrity of these waters, through pollution by
chemical wastes and the destruction of fish stocks."
Cheif kahgee called upon the IJC and international
community "to recognize and support the assertion of the
inherent right of the Aboriginal nations of the Great
Lakes, as sovereign peoples, to partnership in the
management, disposition, and regulation of the Great
Lakes, with the inherent right to share in the economic
and cultural benefits of the Great Lakes."
The Saugeen Nation also calls upon the international
community, as well as the US and other Aboriginal
Nations of the Great Lakes to support the "inherent
right of the Saugeen Nation to fully manage the Bruce
Peninsula fisheries."
The Saugeen Nation is located 250 kilometres northwest
of Toronto, just east of Southampton on the Lake Huron
or west side of the Saugeen/Bruce Peninsula in Ontario.
- 30 -
A full text of the Duluth Declaration is available upon
request or can be downloaded from Web Networks'
conference: web.native (as of Monday September 25,
1995).
For more information, call:
Chief Richard Kahgee September 22 and 23, 1995:
c/o the Fond du Lac Black Bear
Hotel, Carlton, Minnesota
tel: 218-878-7400
After September 24, 1995:
Saugeen Nation
tel: 519-797-2781
** End of text from cdp:headlines **
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