Fort Frances Times

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WEDNESDAY, MAY 26, 2010

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Printed in Canada Volume 117 Number 4

ISSN 0834-6283 PAP No. 07429

Toll booth subject of praise, threats: chief

By Peggy Revell Staff writer

INSIDE

Couchiching First Nation has received everything from praise to threats after following through on its controversial plan to set up a toll booth on Highway #11 at the west end of the Noden Causeway late Friday afternoon. Weve had a number of wellwishers. Some people said that we should have done this a long time ago. Some people actually gave tips, said Chief Chuck McPherson, referring to the response from mo-

torists who have passed through the toll booth, which the band says will stay up until the federal and provincial governments adequately address compensation for the land Highway #11 sits upon and the identified contaminated soil at the former J.A. Mathieu sawmill site. But on the other side of the coin, weve had people that have made a number of derogatory remarks, mostly racist in nature, noted Chief McPherson. And I had hoped that it wouldnt get to that point of bringing race into it, he added, admitting that

while that is their freedom of speech, he would hope people could express their disagreement in a more civil nature. If theres any violence, its not going to be started by the membership of Couchiching, Chief McPherson vowed, recounting how at one point a person had suggested bringing in warrior societies and council replied that if that happened, they would remove the booth themselves. Because thats not what were looking for, he stressed. Im disappointed that some

people have to make threatening remarks, racist remarks, because when all is said and done, were not going anywhere, were going to continue to live here. The people of Fort Frances are going to continue to live here, and we have to get along. Weve been telling [community members that] its not personal unfortunately, its based on this toll booth being here, to try as best you can not to internalize those things, to be strong, the cause is bigger than any one of us, said Coun. Sarah Mainville about how the

community is dealing with threats, and the supportive way the community has set up alongside the toll booth. I think that our resolve strengthens when we come here, she noted. Were using our spirituality a lot to strengthen what were doing. The older people here, the communication between the youth and the elders, its strengthening our resolve to continue, to fight for those things, those issues, to be resolved and negotiate a just settlement. Please see Toll, A5

Canyon to headline FFCBC

The Fort Frances Canadian Bass Championship thinks country star George Canyon is one good friend. The two-time Juno Awardwinner will headline the entertainment lineup at this years tournament, taking the stage at the Ice For Kids Arena on Friday, July 23.

See story on A10

Council grills OPP on toll booth

By Duane Hicks Staff writer With the Couchiching toll booth at the forefront of many residents minds, Fort Frances council served up a slew of questions for OPP detachment commander Insp. John Kendrick at last nights meeting. Our highways been blockaded on the reserve since May 21, said Coun. Ken Perry. Its an illegal act, and Id like to know what the OPP plan on doing about it to correct the problem? Insp. Kendrick replied the OPP wants to maintain the peace and protect the public. Any complaints that are received will be investigated, with follow-up and appropriate response taken sometime afterwards. Our goal right now is to keep the highway open, to protect the peace, he stressed. And anything that occurs after that will be a measured response. Coun, Andrew Hallikas asked what advice could Insp. Kendrick give to motorists approaching the toll booth. Because it is an obstruction on the highway, motorists should slow down and proceed with caution, he answered. As people approach the toll booth, they have to make a personal decision, Insp. Kendrick added. Its an individual, personal decision whether or not to pay the toll. The OPP cant comment on what action will be taken or provide advice further on a matter that is being dealt with at higher levels of government. Its a continuous, ongoing thing at the present time. Really, who is calling the shots? Who is making the decision as to how the OPP will react to various circumstances that could occur at that toll booth? wondered Coun. Hallikas. Ultimately, for the OPP, Commissioner Julian Fantino will make the decision about how we react, and that will be based on his conversation with other provincial parties, other provincial agencies, said Insp. Kendrick. Theyre working actively now to address a problem, and were asking the publics patience while this dialogue goes on, he added, noting the situation is something new and the OPP wants to make sure its response is measured and correct. Coun. Sharon Tibbs asked if the toll booth is an illegal action, to Please see Council, A5

Dog walk all set to go

As part of a national fundraising campaign, the Voyageur Lions and the Fort High Leo Club are planning their fifth Purina Walk for Dog Guides here this Sunday (May 30) at Pithers Point Park. Intended to raise money for the Lions Foundation of Canada Dog Guides training facility in Oakville, Ont., the walk gets underway at 1 p.m., with registration starting at noon.

Local trucker Scott Stafford stopped to speak with Holly Cogger, who was among the first to work at the Couchiching toll booth once it was set up late Friday afternoon on Highway #11 just west of the Noden Causeway. Some motorists, like Peggy Revell photo Stafford, have been refusing to pay the toll.

Most feeling bullied by toll booth: trucker

By Peggy Revell Staff writer With the Couchiching toll booth now in place, many people are facing the experience of a daily commute through the siteand a decision as to whether or not they will pay the $1 toll. Those working at the toll booth have been courteous, noted one Reef Point resident, although going through it feels like being in a zoo with everyone watching from along the side of the highway. I think its kind of a dangerous set-up, the man said. I dont like the way its being done but other than that, theyre not forcing you to pay, its optional. Other than slowing the traffic down a bit, its fine, he added, reiterating that those who have been working at the toll booth have been very courteous and he has been the same back to them in returndespite not paying the toll. My feelings are is that I dont think they [the band] should include us, he explained. [Including us is] not going to help them resolve their situation. Theyre just making it hard for us. The man is very much so hoping the situation will be resolved, adding that would be a godsend if they figured to do that. Another resident of Rocky Inlet Road said she is surprised the toll booth went up since she hoped an agreement between Couchiching

See story on B1

I dont see any benefit in the First Nations using the general public as fodder in their argument with the government. Scott Stafford
and the federal and provincial governments would have been made beforehand. Each time that weve [crossed], weve just handed over our loonie, and theyve been very polite and said thank you for that, she said. But after five trips and $10, she admitted she is upset and worried the toll booth will become a permanent fixture on the highway. The woman has decided she no longer will pay the toll, like other friends she has spoken to, although she added that having friends on Couchiching, she respects where the band members are coming from and are sympathetic to what has been happeningwhich is why she had paid the toll to begin with. I think the most important thing is that cooler heads prevail and that in the law, that they come to some agreement thats going to work for everybody, thats fair to everyone, she stressed. And fairs important, too, because they have to realize that there are limits to what can be demanded, too. I really wish they could in some lawful manner, within the law, get together and settle this, she continued. I am upset, and I think most of my friends and people out here [are, too], she noted encouraging the Couchiching chief and council to sit down and negotiation a settlement with government. It is harassment for the general public, and I think most people are feeling bullied by it, echoed Scott Stafford, a local logging truck operator who crosses the Noden Causeway about four times a day and 20 times a week. I know for sure if my wife was to drive through there, that she would really feel intimidated by it. Like, I dont think she would feel that she had enough strength or whatever to refuse paying the toll. Although he stops each time at the toll booth, Stafford said he has refused to pay so far. [Its] just on a matter of principle, he explained. I dont believe I should be paying twice to drive on a provincial highway when Ive already licensed my commercial vehicle to use that highway. Stafford noted this principle is the same even after the bands reduction of the commercial vehicle

Field athletes qualify for OFSAA

Attending OFSAA is old hat for Josh Strain. Making some noise at the all-Ontarios has been a little more elusive. Going into it, last year, I kind of had an off-year, Strain acknowledged. This was my redemption year.

See story on C1

toll from $10 to $1 per crossing. I would just like the word spread to everybody that Im passing through unhindered without having to pay, he said, adding he wishes the band would be more upfront with the fact that they arent going to force people to pay. After passing through without paying the toll, Stafford admitted he has received a threatening anonymous phone call, which the OPP currently is investigating. But he still will be going through the toll booth without paying. If Im asked to pay $40 a day to do my [job], in my line of work, $40 a day is far more than what it costs to even feed my family, Stafford argued. Im a 32-year-old self-employed father of four, with a brand new mortgageweve just moved to the outskirts of Fort Frances to get closer to work, and now I see this as another obstacle that I have to deal with to support my family. I was hoping that reason would prevail, he said about his reaction when the toll booth first was announced. I dont see any benefit in the First Nations using the general public as fodder in their argument with the government. I dont see where they feel that that will gain anything as far as a neighbour relationship goesto use your neighbour as fodder in your argument doesnt seem right to me, he remarked.

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Wednesday, May 26, 2010

FORT FRANCES TIMES A5

As the first vehicles went past the newly-erected toll booth late Friday afternoon, members of Couchiching Chief Chuck McPherson and Coun. Dan Mainville (not pictured) were the first Couchiching First Nation lined the side of Highway #11 to applaud those who opted to pay to step into the toll booth and start collecting tolls from passing vehicles late Friday afterthe $1 toll. Band members did not impede drivers who chose not to do so. noon.

Toll booth subject of praise, threats

More from A1 Its an amazing communitythe community has really come together around [it], Coun. Mainville remarked. We had a meeting on Sunday and they resoundingly said to continue fighting, to continue the fight, she noted. The cause is worthy of the disruptions and well protect each other, and thats what weve been doing. In the meantime, the toll booth remains, with a charge of $1 for all vehicles. The band is offering a monthly pass of $25 available at the booth or the band office (current passes combine both the months of May and June). While some motorists have paid the toll, others have opted to drive through without paying a cent. In a press release issued yesterday, Couchiching chief and council stated they will not impede motorists unwilling to pay the toll. However, they support the application of Section 30 of the Indian Act which states, A person who trespasses on a reserve is guilty of an offence and liable on summary conviction to a fine not exceeding $50 or to imprisonment for a term not exceeding one month, or to both. Meanwhile, the OPP continues to monitor the toll booth area, with OPP officers present to ensure there is a safe and orderly flow of traffic. The OPP recognizes the need to balance individual rights and freedoms with the need to maintain public peace and order, OPP Cst. Anne McCoy said in an e-mail to the Times yesterday about how the police are approaching the situation. As police officers, we will utilize our police discretion as a valid and appropriate approach to deescalate situations. The primary role of the OPP is to keep the peace and ensure public safety, and as such the event has remained peaceful, she added. There are many actions the police are taking to approach the matters at hand. Cst. McCoy said the proper exercise of police discretion should not be confused with a lack of enforcement, noting that officers actively are investigating unlawful acts. But we ask the public to recognize patience is required to handle the matter as public safety is the priority. Her e-mail also noted the OPP is not in a position to resolve the underlying issues. We appreciate the public may have many questions and we acknowledge frustrations, she wrote. Please note our approach has been professional and measured, as officers recognize the matter is very complex and includes many legislative authorities who are currently reviewing the issues. When there are traffic delays, they are minimal, the OPP also stated. The Fort Frances detachment of the OPP has open lines of communication and a good working relationship with chief and council of Couchiching First Nation and the mayor and council of the Town of Fort Frances, police also remarked. Our Provincial Liaison Team is working with the Couchiching

Its an amazing community the community has really come together around [it]. Sarah Mainville
First Nation community, as well as within the Town of Fort Frances, to encourage respectful behaviour and fielding questions from the public. Our Community Services Officer is working to keep the flow of information current and timely to the media, and has been working to relay the messages to our community partners including our schools, businesses and service agencies, police added. As for how long the toll booth will be up, Chief McPherson said that it depends on how the province and federal government responds to the issues behind the bands decision to erect it. We hope to be making some headway, and Ill know later on in the week, he said, noting he and the provincial minister of aboriginal affairs will have a meeting tomorrow (May 27) concerning compensation for the land on which Highway #11 sits. Were going to see what they have to offer and weve got some ideas that were going to present to them, and well see how responsive they are, Chief McPherson said, adding that the band is looking for fair and adequate compensationsomething it hasnt received to date. When it comes to the contaminated soil at the former J.A. Mathieu sawmill site, Chief McPherson said hey have spoken with federal Indian Affairs minister Chuck Strahl, who has indicated that the study period is definitely over and its time for action. He didnt specify what the action is, cautioned Chief McPherson, but noted he also will be meeting with the regional director of INAC tomorrow and that Strahl has committed to meeting the band council the very near future. In terms of progression, were getting to talk to the people that make the decisions, and that looks favourable, said Chief McPherson. Since first going up late Friday afternoon, Chief McPherson, council, and members of the Couchiching community have taken turns manning the toll booth. Im doing it for my children and their children, and to protect our land that we haveits not very much and that worries me, Couchiching band member Daniel Morrisseau said Friday right before the toll booth went up. Morrisseau, a father of four, had volunteered to man the toll booth on Saturday morning. Fearits scary, he said about his feelings of the toll booth going up, noting that if arrested, it would be the first charge hes ever had laid against him, but hes doing it for the community. Its the first time weve ever done this as a community, and I dont know how its going to turn out, he admitted. I dont know how its going to turn out and I hope it turns out good, as peaceful as can be.

Council grills OPP on toll booth

More from A1 which Insp. Kendrick replied, Its a complex issue. It deals with jurisdictional issues, land claim issues, who owns what portion of highway, he explained, adding the OPP has been active in keeping open lines of communication with Couchiching First Nation, as well as meeting with community leaders to try to get out the message that the situation is going to take time before its resolved. We understand that the public is very frustrated, as are the police, but its a process that has to take place, and we want to do it safely, Insp. Kendrick stressed. The public safety is the main thing. Coun. Tibbs said many people are unclear as to whether they should pay the $1 toll, and they should know its an individual decision. You can talk about it being a personal decision you make on your own, she remarked. However, what is happening here is an illegal action in process, and regardless of how were going to carry on to get this thing solved, the bottom line is people are feeling intimidated into doing that they feel obligated to do thatand I dont think they should be feeling that way. It should be clearly stated to the public they are not required to make that payment if they choose not to. Its an individual decision, Coun. Tibbs continued. Are we being policed by the police or policed by the government in this issue? asked Mayor Roy Avis. The term they use is a measured response. What can be done at the present time is being done, replied Insp. Kendrick, noting that until the government leaders come together and decide which route they want to take, the only thing the OPP can do is protect the public and keep the peace to the best of its ability. A lot of people who live in the municipality and the district feel really let down by the OPP on this issue, said Mayor Avis. Thats why I asked that question. Because if your hands are tied, and its the government thats making the response, the criticism is going to the wrong spot. Like any other contentious issue, when people dont know what to do, people turn to the police for answers, acknowledged Insp. Kendrick. And when the answers theyre getting from the police are very structured, which they are in this case because were trying to keep everything calm, they dont get a very good feeling that theyre being well-represented, he admitted. But I can assure you there are many, many police officers around doing many, many different things in order to keep what has occurred over the past several days in the status it currently is, he stressed, noting the OPP will continue to ensure the highway remains open and the public safe until a decision is reached and the OPP will take the necessary actions.

Two OPP officers handed out notices to participants Friday evening, warning them of possible criminal charges that could come if the toll booth continued. Peggy Revell photos

Toll booth drawing outside support

By Peggy Revell Staff writer The toll booth initiative undertaken by Couchiching First Nation is drawing support from beyond its immediate community, including a visit from Grand Council Treaty #3 Ogichidaakwe Diane Kelly yesterday. Im here to support Couchiching First Nation, said Kelly, who took a turn in the booth collecting tolls from passing vehicles. I think its a drastic step that they have to take, and its unfortunate that after all these years, all these decades, that these land issue is still unresolved, she added. I think its unfortunate that we have to put people on the highway, its a safety concern, its a risk, Kelly continued. But I think its an important statement, and I hope that the federal government and the provincial government wake up and start trying to resolve [this] because this isnt the only outstanding thing. Theres numerous claims that still have to be resolved, she stressed. Reaction from other First Nations within Treaty #3 have included support for Couchiching because were all in the same boat when it comes to unresolved land issues, Kelly explained, pointing to the talk about reconciliation of a relationship between aboriginal people and Ontarianssomething of which theres still a lot of work to be done on. I can understand that its an inconvenience to the tourists, as well as the townspeople, but at the same time its been an inconvenience to us, as First Nation people, to have our land issue unresolved, Kelly remarked. So again, lets all work together and try to resolve the situation and reconcile some of the hurt feelings and maybe the misunderstandings because I think a lot of it seems to be misunderstanding. Becoming educated about First Nations issues is one of the things Terry Waboose, deputy grand chief for the Nishnawbe Aski Nation (NAN), asked the greater community for during his visit to the Couchiching toll booth site yesterday afternoon. Im here basically to support Couchiching and what theyre doing here, which is basically asserting their jurisdiction over their land and trying to call attention to the governments in terms of some of the grievances that they have, noted Waboose, pointing to the issue of land contamination and compensation for the land upon which Highway #11 sits. Couchiching is not unique when it comes to the issues First Nation communities are dealing with with the government, he stressed. NAN itself represents 49 communities within James Bay Treaty #9 and Ontario portions of Treaty #5. Like many other First Nation communities, we do have a lot of unsettled issues with claimsland claims, particularlyand unfortunately what happens is when things arent settled in a timely manner, First Nations, unfortunately, have to resort to these things, Waboose said. While some may disagree with the toll booth, Waboose said its right what Couchiching is doing, and encouraging people to educate themselves when it comes to First Nations issues. A lot of the grievances are historical in nature, but something that should be solved today, he remarked. If they were solved a while ago, you wouldnt have these types of issues, he added, hoping the greater population of Fort Frances should support the community. We are neighbours, he stressed. We want the same things as they want. They want a good education for their children, nice, safe communities, nice clean air, and good environment.

Grand Council Treaty #3 Ogichidaakwe Diane Kelly visited the site of Couchiching First Nations toll booth yesterday to offer her support and take a turn collecting tolls, as did NAN deputy grand chief Terry Waboose.

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