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Conversations on race and Case studies

CASE STUDY #4 by C. Gauthier

CLIMATE CHANGE AND THE

ASUBPEESCHOSEEWAGONG ANISHINABEK ATLANTIC OCEAN (GRASSY NARROWS FIRST NATION)

Root cause analysis to Treaty No. 3, drafted and administered by various agents The Asubpeeschoseewagong of the Dominion of Anishinabek (Grassy Narrows (Treaty No. 3 1873; Seymour First Nation) have been living 2015; McCrossan 2018; Filice within their traditional territory, 2016). This agreement served to nurturing relationships with outline rights and responsibilities land and relatives in the boreal of the Canadian state and of the forest since time immemorial represented Indigenous Nations (Asubpeeschoseewagong in regards to an area of over 14 Netum Anishinabek 2018). million hectares of Anishinaabeg Their territory extends over territory (Filice 2016; Treaty No. Asubpeeschoseewagong nearly 6,500 square kilometers 3 1873). The treaty describes the Anishinabaek (Grassy in the northwest of modern- objectives of the Dominion of Narrows First Nation) day , Canada and holds Canada to motivate settlement a wealth of memory, life and by non-Indigenous subjects, connection in stories, waterways, and to reward land clearing LAGO DE IZABEL and other-than-human and agricultural production by communities (Grassy Narrows Indigenous communities (Treaty Organizers n.d.). No. 3 1873). The enactment of this agreement highlights In more recent generations the assertion of ownership however, these vibrant, life- and domination of the settler giving relationships have been colonial government over faced with the authoritative, territories and communities exploitative and anthropocentric thriving therein. ways of relating asserted by the settler colonial nation-state. In Generations after its signing, 1873, the Anishinaabeg Grand Treaty No. 3 continues to Council of Chiefs were signatory legitimize the exploitation and

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Conversations on race and climate change Case studies

Clearcut logging of fish Release of more mercury into water systems Cultural – loss of culturally important practices and traditions (currently held immobile in intact forests) Economic – loss of profit from fish sales and from fishing tourism dispossession of numerous Narrows Organizers 2017). effects of mercury poisoning Soil instability, erosion, and compaction Species decline and illness human and other-than- The poisoning of various in the community, the MDB Increased sedimentation in rivers (soil erosion) Food insecurity continues to deny 75% of claims , destruction of cultural spaces, loss of culturally human communities under communities has disrupted important species, and biodiversity loss through monocultures Canadian law. The treaty is relationships within the made (Porter 2017). In addition, Climate feedbacks – release of stored carbon; destruction of effective carbon sinks but one of many articles of territory, magnifying suffering the funds received from the Risk of chemical spills from equipment Canadian law that sanctions into spiritual and social realms. MDB are largely insufficient to

Mercury poisoning of fish the recurrent assaults on the As River People, members support community members, Social – displacement and family separation (e.g. medical trips) livelihoods and wellbeing of the Grassy Narrows First who are often debilitated and Health – physical; neurological; mobility; mental illness (spiritual, social, economic, unable to work or participate Spiritual & cultural – attack on cultural connection to water; loss of knowledge holders and practices Nation have described their Economic – inadequate compensation from MDB; cost of bottled water, driving to town to buy water, health, safety, environmental) experience of the poisoning of in traditional practices (Porter medical bills and transportation of the Asubpeeschoseewagong their waters as a direct attack on 2017). of extractivism. However, DAILY IMPACTS DAILY Anishinabek and their relations. part of my lineage is rooted Mercury poisoning of other Community a deeply valued member of the non-human communities Increased road traffic Today, the devastating impacts community (the late Chief Steve in Venezuela, a country that, Species decline and illness Increased contact with non-local of settler colonialism and while inflicting colonial violence Trophic cascades (all species effected, workers (hostility, racism, violence) Fobister, “The Story of Grassy directly and indirectly through food Police violence and over-policing extractive capitalism permeate on Indigenous people, is also webs and complex interactions) Narrows”). In addition, the Violence toward women and girls Bioaccumulation of mercury many aspects of daily life in afflicted with legacies and Domestic violence poisoning of fish has threatened Loss of cultural practices the community, and are upheld an important relationship and present realities of Canadian and Food insecurity by Treaty No. 3, government traditional food source for the US imperialism. bodies, and powerful corporate Grassy Narrows First Nation, Consultation Process Judicial System (Ontario Court of entities. as well as the local economic Despite these obvious Appeal; Supreme Court of Canada) benefits of fishing and tourism consequences of industrial Canadian Constitution Since the 1960s and 1970s, the (Porter 2017; Grassy Narrows activity, the Ontario Ministry of Law enforcement (OPP) people of Grassy Narrows First Organizers n.d.). Thus, the Natural Resources and Forestry Sparrow Analysis Treaty No. 3 Nation have suffered extensive extensive and complex tolls (MNR) has continued to issue Ontario health care system complications from mercury of mercury poisoning have fed logging permits throughout Ontario Ministry of Natural dumping from the Reed Paper into cycles of violence, despair, Grassy Narrows traditional Resources and Forestry (*2012 to 2022 Whiskey Jack Forest mill in Dryden, Ontario (Porter territory (Ontario Ministry STRUCTURES/INSTITUTIONS Mercury Disability Board addiction, mental illness, and Management Plan) 2017; “The Story of Grassy various other impacts of settler of Natural Resources of Narrows”). The profound health colonialism (Porter 2017; Grassy Forestry 2012). To challenge effects of mercury poisoning Narrows Organizers n.d.). the authority of the MNR to White supremacy have extended across three grant industrial access to treaty generations due to processes of In 1986, following a court lands the Grassy Narrows Extractive capitalism bioaccumulation, and are shown settlement between the Grassy First Nation initiated a court case against the provincial ROOT CAUSE ANALYSIS of climate to affect 90% of the community Narrows First Nation and Anthropocentrism today (Porter 2017). various parties implicated in the government in 2005 (Thibodeau change and the Asubpeeschoseewagong Sovereignty (of decade of chemical dumping, 2015). Despite an early victory province & state Anishinabek (Grassy Narrows First Nation) government Non-human communities in the Mercury Disability Board handed down by a provincial on Indigenous territory) the territory have also suffered (MDB) was established in judge, the Supreme Court of From Perera’s “Ineqaulitree,” used here with extensively throughout this order to provide compensation Canada ruled in 2014 that the appreciation. Leaves represent daily impacts Settler colonialism period, as waterways continue government of Ontario holds ROOT CAUSE IDEOLOGIES CAUSE ROOT (Perera’s “everyday symptoms”), the trunk for community members the right to “take up” lands represents structure and institutions, and Speciesism to be contaminated from stored affected by mercury poisoning roots represent root cause ideologies. caches of mercury effluent and (Porter 2017). Despite studies within Treaty No. 3 territory, Rationalism Cisheteropatriarchy from persistent leakage (Grassy highlighting the overwhelming and to suspend the hunting

– 27 – – 28 – Conversations on race and climate change Case studies and fishing rights of Grassy (Broten and Gilmore 2017). communities, such as the state , hydroelectricity), 2012). Numerous community protecting and purifying Narrows First Nation assured In addition, the sanctioned judicial system, the MNR, and through access to public services demands have called for the poisoned territories, and by the treaty (Thibodeau 2015; logging practices have affected the Ontario Provincial Police funded by royalties collected end of clearcut logging on the reclaiming food sovereignty. Young et al. 2014; Townshend communities of moose, marten, (OPP). from industrial processes. territory (Grassy Narrows Youth 2017; Seymour 2015). This wild rice and blueberries, Finally, as a person employed Group 2014; Clan Mothers In 2017 the Ontario government outcome stands in stark contrast and have led to widespread Positionality statement in the forestry industry in of Asubpeeschoseewagong pledged $85 million to the to the 2016 Ontario Superior environmental degradation Canada, my income is directly 2007; Grassy Narrows restoration and rehabilitation Court ruling that exempted through habitat fragmentation, As a white settler with family derived from the same industrial Asubpeeschoseewagong of the Wabigoon River system Weyerhauser (a major wood chemical spills, soil erosion, and history extending multiple logging practices that are being Anishinabek 2014), notably the (Grassy Narrows Organizers products company) from monoculture production (“The generations in Canada, the combatted by the community. 2018 Asubpeeschoseewagong 2017; Bruser et al. 2017). So far, obligations of environmental Story of Grassy Narrows” enormous basis of privilege I These are significant and direct Anishinabek Aaki Declaration. monitoring and protection at 2016). The destructive practices have held throughout my life implications that reveal the The Declaration asserts the the former Reed Paper mill also present clear climate threats has been fundamentally built on benefits I reap through the sovereignty of the Grassy The lack of (Weyerhauser Company Limited due to the removal of effective the institutions and ideologies settler colonial project, and the Narrows First Nation over v Ontario (Attorney General) carbon sinks (boreal forest), and that have driven the subjugation depth of my association to these their traditional territories, accountability from 2016). These cases serve to the release of stored carbon of the Grassy Narrows First impacts is disturbing. and commits to the honourable the governments of emphasize the priorities and (decomposition, fire). Nation. The basis of Canadian stewardship of their lands for Canada and Ontario values of the settler colonial citizenship has been built on Climate presents and futures the health, safety, respect and state, as exercised through the The lack of accountability from land seizure and environmental connection to all life forms are deplorable, various court systems. Extractive the governments of Canada and exploitation, and extends today Under provincial legislation, and relatives through time. although not capitalism holds a firm place of Ontario are deplorable, although through industrial practices the MNR regulates logging The Declaration calls on the importance for the Canadian not unexpected. The underlying supported by the Canadian operations and awards harvest governments of Ontario and of unexpected. state, allowing historic treaties ideologies (extractive capitalism, government worldwide licenses to logging companies on Canada to recognize and uphold to be bent and indemnities paid speciesism, settler colonialism, (Chewinski 2016). I have lived the traditional territory of the its assertions in the support of in order to protect the interests anthropocentrism) that have most of my life on Anishinaabeg Grassy Narrows First Nation reconciliation, respect, consent, at least $2.5 million has been of industry. formed the Canadian settler state traditional territory that has through the Whiskey Jack Forest and accountability. spent on initial sampling and have been designed to delineate been appropriated and enclosed Management Plan. In 2008 analysis of target sites (Bruser In spite of extensive opposition membership and attribute worth as private property by the however, after years of direct In visioning a hopeful and et al. 2017). In a hopeful climate to industrial processes by to different beings, and to control state through various treaties. action, boycotts, urban protests, more equitable climate future, future, this pledged amount community members, the Indigenous territories and My continued presence on public media attention, and fierce the governments of Ontario would be dedicated to locating MNR maintains the clearcut other-than-human communities these territories as a member community statements, the final and Canada would uphold the and ending the continued harvest plans for the Grassy for use in “resource” extraction. of the settler colonial state logging company working in the Declaration and withdraw contamination of the river Narrows First Nation territory Such extractive activities are incessantly reasserts the territory, AbbitibiBowater Inc., (or refrain from renewing) system from old reservoirs and until at least 2022 (Seymour designed to maximize the profit “profound epistemic, ontological, withdrew from operations (Bell the Whiskey Jack Forest from suspected ongoing leaks 2015; McCrossan 2018; Grassy of a certain strata of society cosmological violence” of 2008). Management Area before (Grassy Narrows Organizers Narrows Organizers n.d.). (cis-heteropatriarchal, white colonialism (Tuck and Yang its 2022 expiry. In further 2017). In addition, efforts Scientific researchers and supremacist), while continuing 2012). Despite this success, the effort to actively support the would be focused on restoring community members share to undermine and refute the current Whiskey Jack Forest community, these governments thriving aquatic communities. concerns that clearcut logging experiences and rights of In addition, as a resident of Management Plan has not been may assist the Grassy Narrows This restoration plan represents may lead to the release of Indigenous people. These values Ontario, I have benefitted altered and still authorizes community in their work of the first acquiescence by the stored mercury into waterways, underpin the institutions that from revenue generated from clearcutting in the area until building community resilience, government of Ontario to compounding the existing continue to impose devastating industries affecting the Grassy 2022 (Ontario Ministry of committing to cultural demands from the Grassy health and environmental effects consequences on Indigenous Narrows First Nation (logging, Natural Resources of Forestry resurgence and healing, Narrows First Nation. Primary

– 29 – – 30 – Conversations on race and climate change Case studies community demands include: settler communities, and allies TIMELINE of climate change and the a mercury care home and fair throughout this long and 1985 compensation for survivors difficult period to maintain Renewed Asubpeeschoseewagong Anishinabek Court settlement (initiated in 1977) of mercury poisoning, access healing, nurturing relationships (Grassy Narrows First Nation) between the Grassy Narrows First Nation, relationships the province of Ontario, the government to quality healthcare in the with their relations. Community of Canada, and the two paper companies community, an environmental support may take the form of between all Events related to climate, race, and responsible for mercury dumping (Porter the Fenix mine; inspired by the 2017; Broten and Gilmore 2017). Grassy monitoring center, and a ban acknowledgement of harm, community life opening activity of Conversations. Narrows First Nation receives nearly $17 on industrial logging on their protection, restoration, and million in compensation for health effects forms will begin (Broten and Gilmore 2017). In addition, the traditional territory (Grassy financial compensation as May 1970 government of Ontario grants an indemnity Narrows Organizers 2017). discussed above, or other The Ontario provincial to the past and future owners of the Dryden, to thrive once Time immemorial actions requested directly from government bans commercial ON paper mill, and assumes all environmental more as traditional Asubpeeschoseewagong fishing in Ball Lake and the liabilities from the mill and mercury dumping In addition to the environmental the community. Attention Anishinabek living within their English-Wabigoon river (Broten and Gilmore 2017). and support must be given to stewardship traditional territory nurturing system, and “Fish for Fun” effects of mercury poisoning, relationships with land and signs are posted to discourage community members to develop relatives (Asubpeeschoseewagong the provincial government practices are people from consuming fish 1986 Netum Anishinabek 2018). (Mossa and Duffin 2017). must formally acknowledge livelihoods in accordance with The Mercury Disability Board is established Significant income and revived and health, to provide compensation to community the generations of physical the Declaration that also protect employment are lost in the members for mercury poisoning as part of Grassy Narrows community suffering endured by the Grassy them from continued exposure safety, and respect the 1985 court settlement (Porter 2017). Narrows community from to lethal levels of mercury. It 1873 due to the closure of the are attributed to all The Anishinaabeg Grand commercial fishery (Broten and mercury poisoning and neglect is imperative that all forms of Council of Chiefs are signatory Gilmore, 2017). 2002 from the colonial government. outside support address and beings. to Treaty No. 3, incorporating The Slant Lake blockade against clearcut over 14 million hectares of The government of Ontario respect the self-identified needs logging is established (and continues today) territory to the Dominion of March 1970 (Porter 2017; Grassy Narrows Organizers must commit to ensuring local of the Grassy Narrows First Canada (Treaty No. 3 1873; The Ontario Minister of n.d.; Asubpeeschoseewagong Netum access to quality healthcare. Nation, and are not emptily Filice 2016; Townshend 2015; Energy and Anishinabek 2018). McCrossan 2018). At this time, Management orders the Dryden In addition, the framework of enacted through paternalism or forms will begin to thrive once the Grassy Narrows First Nation Chemical Company to stop the MDB must be corrected to settler guilt. is granted sustained hunting dumping mercury into the more as traditional stewardship and fishing rights throughout English-Wabigoon river system 2005-2014 provide more just compensation practices are revived and health, their traditional territory under (Mossa and Duffin 2017). Grassy Narrows First Nation v. Ontario for survivors of mercury Ideally, over the course of Canadian law, as well as a reserve (Natural Resources) court cases initiated and safety, and respect are attributed on the Wabigoon River (Broten settled throughout this period (Broten and poisoning. These actions are the proposed environmental to all beings. A commitment and Gilmore 2017). Gilmore 2017; Seymour 2015). Initial case essential for promoting health, restoration efforts and the to community support, 1960s-1970s against the government of Ontario found termination of industrial Throughout this time over that the granting of timber harvest licenses safety, empowerment and environmental protection within Grassy Narrows territory violated operations, communities 9,000kg of mercury are resilience within the community. and accountability will be 1912 dumped into the English- Crown obligations and the rights of the In addition, they may serve to throughout the area will begin Roughly two thirds of the Wabigoon river system from First Nation under Treaty No. 3 (Thibodeau required of the provincial and territory encompassed in Treaty 2015). However, in 2014 the Supreme Court build relationships of respect, to recover. In a future where the Reed Paper mill in Dryden, federal governments in order No. 3 is incorporated into the Ontario (Porter 2017; Mossa of Canada ruled in favour of the province reconciliation, and accountability mercury levels are controlled to to ensure that the original province of Ontario without and Duffin 2017). Release of Ontario, affirming the province’s right to between the provincial non-lethal concentrations, the consultation with any of the of mercury will continue for “take up” lands outlined by Treaty No. 3 for and evolving elements of Indigenous Nations in the region decades, and the impacts of industrial practices, and to restrict the treaty government and the Grassy Grassy Narrows community the Asubpeeschoseewagong (Townshend 2015; Young et al. mercury poisoning will be rights of the Grassy Narrows First Nation may safely maintain their 2014). felt for generations in aquatic, when “acceptable” under the Sparrow analysis Narrows First Nation. Anishinabek Aaki Declaration (Townshend 2015; Young et al. 2014). relationships with their waters, animal, plant, and human are upheld. communities (Porter 2017; The processes of environmental reestablishing fishing-based Mossa and Duffin 2017; Grassy restoration will take many livelihoods and practices Narrows Organizers n.d.). decades and the Grassy Narrows once threatened by mercury First Nation will likely require poisoning. Renewed relationships active support from government, between all community life

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Works cited 2007 2018 The Grassy Narrows First The Grassy Narrows Nation enacts a moratorium on Asubpeeschoseewagong Netum Anishinabek. Grassy Narrows Youth Group. “Grassy Tuck, E. and Yang, K. W. 2012. “ First Nation issues the “all industrial activity within Asubpeeschoseewagong Anishinabek Aaki Narrows Youth Deliver Demands to is not a metaphor.” Decolonization: Asubpeeschoseewagong their traditional territory without Declaration. Grassy Narrows, Ontario: Grassy Weyerhaeuser: No Logging in Our Territory.” Indigeneity, Education & Society, vol. 1, no. 1. Anishinabek community consent” (Grassy Narrows First Nation, October 10 Intercontinental Cry, August 21, pp. 1-40. Aaki Declaration Narrows Organizers n.d.). 2018. PDF available at http://freegrassy. 2014, https://intercontinentalcry.org/grassy- (Asubpeeschoseewagong net/2018/10/10/grassy-narrows-land- narrows-youth-deliver-demands- Weyerhauser Company Limited v Ontario Netum Anishinabek 2018). declaration-bans-all-industrial-logging/. weyerhaeuser-logging-territory/. (Attorney General), 2016 ONSC 4652 This statement upholds bans (CanLII). Retrieved from: December 2007 on all industrial practices McCrossan, Michael. “Eviscerating Historic https://www.canlii.org/en/on/onsc/ The Clan Mothers of Bell, J. “How an Indigenous Community Defeated a within their traditional Treaties: Judicial Reasoning, Settler doc/2016/2016onsc4652/2016onsc4652.html. Asubpeeschoseewagong issue Logging Giant.” AlterNet, June 23 territory, outlines guidelines Colonialism, and ‘Legal’ Exercises of an eviction notice to loggers 2008, https://www.alternet.org/2008/06/how_ for use by community Exclusion.” Journal of Law and Society, Young, J. M., Annibale, J. J., and Ryan, B. 2014. on their traditional territory an_indigenous_community_defeated_a_logging_ members, and describes vol. 45, no. 4, 2018, pp. 589-616. “Court affirms right of Province to (Grassy Narrows Organizers giant/. the permissions required “Take up” Treaty Lands – Grassy Narrows n.d.; Clan Mothers of for outsiders seeking Mossa, A. and Duffin, J. “The interwoven First Nation v. Ontario (Natural Asubpeeschoseewagong 2007). Broten, D. and Gilmore, C. “The Story of Grassy specific use rights within Narrows.” Watershed Sentinel, 2017. history of mercury poisoning in Ontario and Resources).” Aboriginal Law Bulletin. the territory. Importantly, Retrieved from: https://watershedsentinel.ca/ Japan.” Canadian Medical Association Journal, Retrieved from: https://mcmillan.ca/Court- the Declaration calls on articles/story-grassy-narrows/. vol. 189, no. 5, 2017, pp. E213- affirms-right-of-Province-to-Take-up-Treaty- 2008 industry and all levels of E215. Lands--Grassy-Narrows-First- Amid pressures from protests, government to acknowledge Bruser, D., Benzie, R., and Poisson, J. “Ontario Nation-v-Ontario-Natural-Resources. blockades and boycotts, the last and honour the statements commits $85 million to clean up ‘gross Ontario Ministry of Natural Resources of logging company holding harvest made therein, and the rights neglect’ at Grassy Narrows.” The Toronto Star, Forestry. (2012). Summary of the 2012 to 2022 licenses on Grassy Narrows of the Grassy Narrows June 27 2017, Whiskey Jack Forest Management Plan. territory (AbbitibiBowater First Nation to protect https://www.thestar.com/news/gta/2017/06/27/ Inc.) withdraws from the area all relatives within their ontario-gives-85-million-to-clean- Porter, Jody. “Children of The Poisoned River.” (Bell 2008; Grassy Narrows territory. up-gross-neglect-at-grassy-narrows.html. CBC News, April 30 2017, Organizers n.d.). www.cbc.ca/news2/interactives/children-of- Chewinski, Max. “Mining as Canadian Nation- the-poisoned-river-mercury- poisoning-grassy-narrows-first-nation/. September 2016 Building: Contentious Citizenship August 2014 Regimes on the Move.” The Canadian Journal of Accessed January 27 2019. A scientific report finds Youth from Grassy Narrows with Sociology, vol. 41, no. 3, 2016, that 90 percent of nearly two dozen Anishinaabe pp. 349-374. Seymour, Janine. “Casenote: Grassy Narrows the population of the and non-Indigenous supporters First Nation v Ontario (Natural Grassy Narrows and deliver a letter of demands to Clan Mothers of Asubpeeschoseewagong. 2017. Resources).” Indigenous Law Bulletin, vol. 8, First Weyerhaeuser at the Kenora Eviction Notice. Retrieved from: no. 18, 2015, pp. 30-33. Nations show dangerous Timberstrand Trus Joist Mill http://freegrassy.net/home/grassy-narrows-clan- signs of mercury poisoning (Grassy Narrows Youth Group, mothers-issue-eviction-notice/. “The Story of Grassy Narrows.” YouTube, (Broten and Gilmore 2017; 2014). uploaded by PSAC-AFPC, 21 June 2016, Porter 2017). Filice, M. (2016). Treaty 3. In The Canadian www.youtube.com/watch?v=9E06pWtCHIg. Encyclopedia. Retrieved from: https://www.thecanadianencyclopedia.ca/en/ Thibodeau, M. “Grassy Narrows v Ontario: A 2015 July 2016 article/treaty-3 legal battle against logging lost, the Grassy Narrows First Nation The Ontario Superior political fight continues.” CanLII Connects, declares a state of emergency Court exempts Grassy Narrows Organizers. Free Grassy Narrows. 2015. Retrieved from: as a result of unsafe drinking Weyerhauser (major wood freegrassy.net. n.d. Accessed January https://canliiconnects.org/en/ water. Turbidity levels of water products company) from 20 2019. commentaries/38552. were found to be 120 times the environmental monitoring safe limit (Grassy Narrows requirements in Dryden, Grassy Narrows Organizers. “Grassy Narrows Townshend, HW Roger. “What Changes Did Organizers n.d.). ON based on the 1985 wins $85 million for a mercury cleanup!” Grassy Narrows First Nation Make to indemnity (Weyerhauser Free Grassy Narrows. freegrassy.net. Accessed Federalism and Other Doctrines?” Canadian Company Limited v January 20 2019. Bar Review, vol. 95, no. 2, 2017, pp. June 2016 Ontario (Attorney 459-488. The government of Ontario General) 2016). Grassy Narrows Asubpeeschoseewagong pledges $85 million to be Anishinabek. “On The 12th Anniversary Of The Treaty No. 3. Canada and the Anishinaabeg dedicated to cleaning and Grassy Narrows Blockade, We, The Women Of Grand Council of Chiefs. October 3 1873. restoration of the Wabigoon Grassy Narrows Make A Retrieved from: https://www.aadnc- River (Porter 2017). Statement.” Intercontinental Cry, December 2 2014, aandc.gc.ca/eng/1100100028675/11001000 https://intercontinentalcry.org/12th-anniversary- 28679. grassy-narrows-blockade-women- grassy-narrows-make-statement/.

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