A Great Lakes port on the North Channel of Lake Huron continues to be a flash point for controversy between a Sudbury aggregate materials company and a Manitoulin Island-area First Nation community.
The Whitefish River First Nation and the Union of Ontario Indians contend Alexander Centre Industries Ltd.(ACIL) are infringing upon their traditional territory by transporting illegal materials into Fisher Harbour.
ACIL operates a road salt and flux sand receiving facility at Fisher Harbour on the east side of Little LaCloche Island, just east of Highway 6.
ACIL is applying to the Ministry of Natural Resources for a new water lease of 2.2 hectares of Crown land to keep operating at their commercial harbour out of Frazer Bay. The harbour has been operating since 1975. Their 30-year lease expired December 31, 2004, but it's been allowed to keep operating.
Fisher Harbour is the only commercial harbour on northern Lake Huron that has a water lot lease that includes a commodities list.
For local First Nations, the lease renewal is a long-awaited opportunity to make themselves heard.
In advance of some upcoming public meetings to review a crucial environment report, the Union of Ontario Indians came out swinging with a national campaign to draw attention to their concerns.
Grand Chief Patrick Madahbee blamed government officials for failing to enforce what they consider “illegal” shipments by water and road up a narrow and twisty stretch of Highway 6 through the Whitefish River First Nation. He said the ministries are “hell bent” on supporting major economic initiatives that will benefit the province in collected taxes and royalties.
“It boils down to the interests of big business versus First Nations interest.”
The area First Nations contend noise from ship and truck traffic is dangerous, environmentally hazardous and is interfering with their treaty rights to practice their sacred ceremonies and customs on their traditional land which includes Fisher Harbour. They have further environmental concerns about runoff from salt being stored at the facility.
Madahbee blames the Ministry of Natural Resources and the Ministry of Environment for failing to take action.
He said ACLI's new lease application hasn't addressed the old problems with “unsanctioned goods” being transported that were never in the original water lease permit.
The harbour handles road salt from Southern Ontario destined for the Ministry of Transportation storage sheds, and Michigan flux sand for Vale Inco in Sudbury. About 25 ships arrive every year and are moored slightly offshore. The harbour's lower deck has an asphalt pad to store salt that is covered by tarp. Self-unloading freighters drop sand into a hopper which is transferred by conveyor belt to higher ground.
“We haul in sand and salt with the permission of the Ministry of Natural Resources,” said Mac Sinclair, the Sudbury lawyer of ACIL.
The Ministry of Natural Resources' area supervisor Brian Riche said that's partially true. Sand and salt were never included on the original commodities list, which expired in December 2004.
According to Riche, the company never asked for permission when it started handling these materials in 1997. When the MNR found out, operations were allowed to continue, and the MNR supervisor at the time chose to deal with it at the next lease renewal.
“At the time it wasn't approved, but we decided to live with it,” said Riche, who added much of the history precedes him. “My understanding is that there was no complaints at the time from the public.”
Riche said the MNR's enforcement powers are limited. Because of the lease conditions, the only alternative would be for the MNR to cancel the lease.
“That's really my only option and that would cause the business to be closed down. That's why we don't do it.”
For the new lease, Alexander Centre Industries wants an expanded commodities that includes salt and sand.
Riche said there's no guarantees these materials will be approved for the next lease.
Industrial activity at Fisher Harbour has been a bone of contention with local First Nations and cottagers in recent years. In 2004, Inco nixed plans to ship nickel concentrate from their mine in Voisey's Bay, Newfoundland to Fisher Harbour destined for the Sudbury smelter.
Because of public outcry, the MNR bumped up the application from a Category B Class Environment Assessment to a Category C, requiring more extensive environmental reporting by the company and public feedback.
“It's gone from being an inch thick (report) to four or five inches thick,” said Riche.
Much of the old rancour will likely resurface this summer during a series of public meetings in Little Current and Birch Island when the environmental study is available for public review.
Sinclair, who categorized the company's relationship with Whitefish River First Nation as “strained,” insists their facility runs the same as Whitefish River's own port which has cement-maker Lafarge Canada as a tenant.
“The people at the Whitefish River First Nation, they don't really want our harbour there. They don't say it in the context of (being) competitive, but they are essentially doing the same thing at their site as we're doing at our site.”
Whitefish River Chief Franklin Paibomsai said it's not their intent to have a competing harbour, but he expects ACIL to be good neighbours.
“We are not opposed to proper development but it's got to be sustainable. You gotta talk about the environment and you gotta talk to your neighbours.”
Paibomsai says ACIL at Fisher Harbour has an “abysmal record” of non-compliance on environmental issues dating back to the 1970s.
Riche said ACIL's track record looks clean. “As far as we know they've never had a spill in the water.”
“We've responded to every request that they have made in a very positive way, and we have done these studies,” said Sinclair, who points out there are two fish farm pens near Fisher Harbour and they have received no complaints.
The First Nation has been unsuccessfully pushing for an Impact Benefit Agreement with ACIL and has an area land claim that includes Fisher Harbour.
Sinclair said the company has tried to coordinate activities with the First Nation, who use their commercial highway entrance to access their sacred sites.
Paibomsai, who claims he has been chased off from accessing these sites, isn't thrilled with having to get permission to set foot on their ancient burial ground and ceremonial site.
“That's the problem that runs against basic Aboriginal rights as an Anishinabek and it's embedded in law. We're at the point of being beggars to go down to our own site.”
Paibomsai hopes by going public province-wide it will pressure the Ontario government to listen to their concerns and recognize their historic claims. “Sit down and deal with these claims and stop treating us friviously on these matters.”
Riche admits the MNR is in a tough spot to renew the lease based on the public backlash, which includes various North Channel and Georgian Bay cottage owner associations.
After the July meetings and a First Nation meeting planned for August, “we'll review the comments (and) determine if we can make a decision.”
