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Band threatens to block access to Whiteshell

Treaty dispute could disrupt long weekend

By: Aldo Santin

Posted: 08/24/2010 1:00 AM | Comments: 0 (including replies)

Enlarge Image

An ancient petroform at Bannock Point depicts the figure of a woman. (WINNIPEG FREE PRESS ARCHIVES)

Cultural importance at issue

Brokenhead Ojibwa Nation has identified four parcels of land in Whiteshell Provincial Park as land of cultural and historical significance and marked them as sites subject to the Treaty Land Entitlement process:

Bannock Point rehabilitation camp (20.76 acres)

Pine Point (471.04 acres)

Bannock Point petroforms (276.99 acres)

Tie Creek petroforms (88.81 acres)

Manitoba has rejected the Treaty Land Entitlement request from Brokenhead Ojibwa Nation for the four parcels of land in the Whiteshell Provincial Park, based on the following terms of the TLE Framework Agreement:

Section 3.03 (6) An Entitlement First Nation may not generally select land in a provincial park, ecological reserve or wildlife refuge.

Brokenhead Ojibwa Nation says its choice of four parcels of park land is permitted in the TLE Framework Agreement, in the following section:

Section 9.09 (1) Where an Entitlement First Nation identifies a specific parcel of land in any provincial park, ecological reserve or a wildlife refuge... as land of cultural or historical significance for the Entitlement First Nation, it is intended that Manitoba and the Entitlement First Nation will enter into an agreement providing for the co-operative management of the parcel of land designed to protect the parcel of land in a manner that reflects that significance to the Entitlement First Nation.

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The Brokenhead Ojibwa Nation is threatening to block public access to the Whiteshell Provincial Park for the Labour Day long weekend to highlight a dispute with the Selinger government over land the band claims it wants as compensation for being shortchanged when its reserve was originally established.

Coun. Paul Chief said the band is considering "acts of civil disobedience" that could include blocking public access to the park for the long weekend after the Manitoba government refused to hand over four parcels of land, totalling almost 860 acres, in the Whiteshell. The band selected the parcels through the Treaty Land Entitlement process.

"There are two access points into the park," Chief, Brokenhead's representative in the Treaty Land Entitlement process, said. "Maybe it means no access for a day or two... It would cause a lot of problems but we have to raise awareness and let people know."

The province sent Brokenhead a letter two weeks ago stating the four parcels of land didn't meet the criteria of the TLE framework agreement signed in 1998 between the province, Ottawa and 19 First Nations owed land when their reserves were established. The letter states the four parcels were being removed from the TLE selection list, the band's request coded inactive and the requests deleted from TLE records maintained by the province.

A provincial government spokesman said several First Nations have an interest in the same Whiteshell lands identified by Brokenhead, adding the government is committed to working with First Nations to protect the sites.

Chief said the province's letter was blunt and terse in tone, adding it was unnecessary considering both sides are supposed to be working co-operatively on an agreement.

Chris Henderson, executive director of the TLE Committee of Manitoba Inc., said that despite the provincial government's rationale, Brokenhead is entitled to select land within provincial parks and the province is obliged to enter negotiations to co-manage the sites.

Henderson said the sites selected by Brokenhead contain petroforms -- small rock formations -- that are important to Brokenhead.

Chief said the band doesn't want to commercially exploit the sites, adding the province has done little to properly explain their cultural and spiritual significance to the aboriginal community.

"All the province has done is erect a big sign but there's no interpretive centre to explain the petroforms and what they mean to our people."

aldo.santin@freepress.mb.ca

Republished from the Winnipeg Free Press print edition August 24, 2010 A3

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