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From Six Nations of the Grand River to the Review Panel Re

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From Six Nations of the Grand River to the Review Panel Re From: Matthew Jocko <email address removed> Sent: May 9, 2019 3:30 PM To: Milton Logistics Hub Panel (CEAA/ACEE) <[email protected]> Subject: RE: Six Nations registration for hearing We would also like to attach this to the summary section of our registration as well: Milton Hub The Crown entered into the 1701 Fort Albany / Nanfan Treaty wherein the Five Nations consented to place all the lands they had conquered from the Algonquin and Hurons, an area 400 miles x 800 miles in the hands of the King to allow the Crown to place their castles (forts) within our Territory for protection. This area includes the lands wherein the Milton Hub is planned to be located. A Treaty of Peace between Great Britain, France and Spain was signed at Utrecht on March 31,1713, April 12, 1713 and July 13, 1713. In the Treaty of Utrecht, these countries acknowledge in Article 15 the Five Nations occupation between the (Lakes) Ontario, Erie and Huron and the Five Nations are free to promote trade with the British and the French without hindrance. The 1701 Fort Albany / Nanfan Treaty has been recognized by Canada’s Courts and is protected under section 35 of Canada’s Constitution when Canada became a country in 1982. United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) Canada On May 10. 2016 at the United Nations in NYC, Canada formally adopted the UNDRIP and said "We are now a full supporter of the declaration, without qualification," and stated "By adopting and implementing the declaration, we are excited that we are breathing life into Section 35 and recognizing it as a full box of rights for Indigenous Peoples in Canada." Shortly after the 2015 federal election, Indian and Northern Affairs Minister Carolyn Bennett, pledged that the new Liberal government would implement the UN declaration as part of its effort to rebuild its working relationships with First Nations, Métis and Inuit peoples. The UNDRIP contains specific articles supporting First Nations rights to their lands, religious and customary use of the lands, the environment and protection of the lands for future generations. The following Articles address our concerns for the protection and environmental management for any and such lands related to the proposed Milton Hub lands. Article 11 1. Indigenous peoples have the right to practice and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature. Article 12 1. Indigenous peoples have the right to manifest, practice, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains. Article 25 Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard. Article 26 1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired. 2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired. 3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned. Article 27 States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process. Article 32 1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources. 2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources. 3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact. Article 29 1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination. Thanks, Matt From: Matthew Jocko Sent: Thursday, May 09, 2019 11:47 AM To: '[email protected]' <[email protected]> Cc: Lonny Bomberry <email address removed> Subject: Six Nations registration for hearing This is the submission for Six Nations to participate in the hearings for the Milton Hub. If you need any more information let me know. Thanks, Matt Matthew Jocko Consultation Point Person <contact information removed> .
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