15 Ahsennenhson

Kanehsatà:ke Mohawk Territory

June 10, 2011   

To: Municipalité d'Oka Mayor Richard Lalonde

Re: Press Release of June 8, 2011 on Agreement of Municipalité d'Oka with Augyva Mining Resources Inc. on the former St. Lawrence Columbian mine site

Dear Mr. Lalonde

This is to inform the Municipalité d'Oka that the Haudenosaunee of Kanehsatà:ke wholly object to your signing of a deal with Augyva Mining Resources Inc. to clean the former St. Lawrence Columbian mine site and allowing them to conduct further exploration on the residual tailings.

The Mohawks of Kanehsatake were not consulted in your June 2011 agreement with Augyva Mining Resources Inc. and consider this in direct violation of our inherent rights as Aboriginal peoples to lands and resources as protected under the Canadian Constitution Act, 1982, s. 35.

There are also numerous international human rights instruments that affirm, protect and promote the collective and individual rights of Indigenous peoples. Most recently, the United Nations General Assembly passed the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) on September 13, 2007. Since no state in the world currently objects to the UNDRIP, it is now a consensus international human rights instrument.

Domestic and international law requires that Aboriginal peoples be consulted in matters potentially affecting their rights. To our knowledge, this was not done in your agreement with Augyva Mining Resources Inc. to clean the old mine site. Your press release informing the public of your agreement invokes questions surrounding your sincerity in the clean up of the old St. Lawrence Columbian mine. To conduct further research to determine future economic benefits from mine tailings is worrisome to the health and well-being of local residents. It demonstrates a disregard to the petition of over 5,600 names of area residents who oppose the Niobium mining project originally proposed by Niocan. Furthermore, it demonstrates a blatant disregard for the inherent rights of the people of Kanehsatake.

While we agree that clean up of the old St. Lawrence Columbian mine site is long over due, it was hoped that this would be done jointly with the Committee des Citoyens d'Oka, the Union des Producteurs Agricoles (UPA) of Deux-Montagnes and the Mohawks of Kanehsatake. We did not envision the inclusion of a mining company and we wholly object to Augyva Mining Resources Inc. being allowed to explore the site by the Municipalité d'Oka when it does not have the right to. It behoves us to question as well, whether or not this action will permit the original project to mine niobium by Niocan to be successfully implemented.
 
The Municipalité d'Oka's action to sign an agreement with Augyva Mining Resources Inc. is questionable, arouses suspicion and is an insult to the recent efforts of reconciliation between the Mohawk's of Kanehsatà:ke and residents of this area. Kanehsatà:ke Mohawk Territory includes a vast track of land which includes the old St. Lawrence Columbian mine site, the National Park of Oka and the village of Oka amongst other municipalities. It is the oldest "land claim" in Canada and our territory has not been ceded to any foreign government. The Municipalite d'Oka as such, has no such legal right to negotiate on lands belonging to the Mohawks of Kanehsatake which consequently causes your agreement to be illegal.

In accordance with domestic law, all Crown actors must uphold the honour of the Crown and obtain the free, prior and informed consent of Indigenous peoples in order for negotiations or agreements projects to be legal.

Should you proceed with this agreement with Augyva Mining Resources Inc, the Municipalité d'Oka will knowingly be in violation of domestic and international law. We must also inform you that S-24 was not approved by the Haudenosaunee of Kanehsatà:ke and therefore we do not recognize this law superseding our own customary laws or inherent rights.

We therefore urge you to meet with our representatives as soon as possible to avoid any future conflict and promote a relationship based upon peaceful co-existence.

A representative will be calling your office to make arrangements to meet.

Respectfully

Onawarí:io

On behalf of the Haudenosaunee of Kanehsatà:ke

cc.

Chief Sid Hill, Iroquois Confederacy

Denise Beaudoin, MNA Mirabel

Jean Crowder, NDP Aboriginal Affairs Critic

The Honourable John Duncan, Minister of Indian and Northern Affairs Canada

Nicholas Villeneuve, Union des Producteurs Agricoles (UPA) of Deux-Montagnes

Simon Dubois, Citoyens d'Oka

Georges-Yvan Gagnon, President of Augyva Mining Resources Inc

James Anaya, United Nations Special Rapporteur on the rights of Indigenous peoples

Ed John, member of the United Nations Permanent Forum on Indigenous Issues

Dalee Sambough, member of the United Nations Permanent Forum on Indigenous Issues

Jannie Lassimbang, United Nations Expert mechanism on the rights of Indigenous peoples

Willie Littlechild, United Nations Expert mechanism on the rights of Indigenous peoples