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Full text of "FINAL REPORT AND RECOMMENDATIONS OF THE ROYAL COMMISSION ON THE NORTHERN ENVIRONMENT."

Digitized by the Internet Archive 

in 2010 with funding from 

The Law Foundation of Ontario & the Ontario Council of University Libraries 



http://www.archive.org/details/finalreponorenvironOOonta 



FINAL REPORT 
AND 

RECOMMENDATIONS 



J.E.J. Fahlgren, 
Commissioner 



June 1985 



the ROYAL COMMISSION on the 
NORTHERN ENVIRONMENT 



FINAL REPORT AND RECOMMENDATIONS 
OP THE 
ROYAL COMMISSION ON THE NORTHERN ENVIRONMENT 



J. E. J. Fahlgren, Commissioner 

Marc S. Couse, Executive Director 

Ian S. Fraser, Director of Research 

Marlene Brushett, Administrator 

Lesley Andersen, Office Manager - Thunder Bay 

C. Gaylord Watkins, Counsel 
Roger Cotton, Associate Counsel 




11 : OZ 



June 1985 



Published by the Ontario Ministry 
of the Attorney General 



Printed in Canada - 1985 



ISBN 0-7729-0628-9 



Copies are available in person from: 



Ontario Government Book Store 
880 Bay Street 
Toronto, Ontario 



Or by mail through: 



Ministry of Government Services 

Publication Services 

5th Floor 

880 Bay Street 

Toronto, Ontario 

M7A 1N8 



For information call 965-6015 or toll-free 1-800-268-7540; from 
area code 807, ask operator for Zenith 67200. 




Royal Commission 
on the Northern 
Environment 



180 Dundas Street West 

Suite 2005 

Toronto, Ontario M5G IZi 



From the Office of 
the Commissioner 



June 28, 1985 



The Honourable James Bradley, Minister 

Ministry of the Environment 

Suite 100 

135 St. Clair Avenue West 

Toronto, Ontario 

M4V 1P5 



Dear Minister, 

Further to Orders-in-Council 1900/77 and 2316/78 
establishing the Royal Commission on the Northern 
Environment under the Public Inquiries Act, my inquiry is 
completed. 

I am pleased to deliver to you today four copies of 
the report and four copies of six major studies which 
served me well in preparing my final recommendations. A 
list of the six studies is attached. 

I trust that you and your colleagues will find 
cause to give these recommendations careful consideration. 

It has been an honour and a privilege to serve the 
Province of Ontario in the capacity of Commissioner since 
August 2nd, 1978. 



Yours very truly. 



J.E.J. Fahlgren 




The Honourable James Bradley 



List of Studies 



1) Tourism Development in Ontario North of 50° 
- 4 volumes. 



2) The Future of Mineral Development in the 

Province of Ontario - North of 50" with 13 
accompanying technical papers. 



3) The People of the North - In Quest of 
Understanding. 



4) The Story of the Kiashke River Native 
Development Inc. 



5) North of 50°: An Atlas of Far Northern 
Ontario. 



6) The Kayahna Region Land Utilization and 
Occupancy Study. 



ACKNOWLEDGEMENTS 



An inquiry destined to involve human, animal and plant life, 
the purity of air and water, and the preservation of Ontario's 
heritage encompassing that northern half of the province's land 
mass above the 50th parallel could not be undertaken nor 
accomplished without the dedication, interest, co-operation and 
support of hundreds of people in the way of staff, communities. 
Chambers of Commerce, associations and researchers. 

This report is based on the massive evidence presented and 
researched, the experience and wealth of knowledge imparted by all 
who participated in one way or another to assist me. I am 
responsible for the final recommendations presented in this 
report, and the time element the inquiry's broad mandate required. 

To the hundreds of Ontarians who have assisted me in my task, 
I extend a grateful handgrip with sincere thanks, and to the many 
good friendships established over these years. 

A special thanks to Justice E. Pat Hartt, whom I succeeded as 
Commissioner of the Inquiry, for his advice, and support in the 
transition; Marc Couse, my Executive Director for his dedication, 
expertise and support beyond the line of duty; Lesley Andersen, 
who so ably set up and managed our Head Office in Thunder Bay; 
George McLeod of Timmins , who with a wealth of northern experience 
and personal acquaintances of the Chiefs and Councils across the 
north, directed my first visits to the reserves and introduced me 
to the people; Ruth Burkholder, manager of the Timmins office; Ian 
Fraser, Director of Research and Cathy Potter, assistant 
researcher; William Mamakeeslck, who interpreted for us during 
visits and hearings; Thomas Fiddler, Elder Emeritus of the north 
for his wisdom; Chief Gerry McKay, Chairman Kayahna Tribal Area 
Council; Charles Morris, Administrator - Big Trout Lake; Chief 
Harvey Yesno of Fort Hope; Chief Enus Crowe and Councillor Archie 
Stoney of Fort Severn; Chairman Mike Wabasse of Summer beaver and 
Leonard Sugarhead , community resource worker; Joyce Kleinf elder. 
Anthropologist; Andrew Yesno of Fort Hope; our Counsel, Gaylord 
Watkins and Roger Cotton, who very effectively, during the 
hearings sought out the questions and reviewed the legislation 
pertinent to the Commission's inquiry; Theodore P. Castonguay and 
Miss Leslie E. Malcolm, official Court Reporters, and last, but 
certainly not least - Thomas Lambert (retired) and Marlene 
Brushett, my Administrators, respectively, whose experience and 
abilities to control our funded projects and operating budgets 
while maintaining good communication with the Ministries of the 
Environment and the Attorney General, speak for itself. 

Finally, to my wife Helen, my heartfelt thanks for 
persevering through my long absences from home and the devastating 
fire that gutted our home, our libraries, music and collections of 
40 years. 



TABLE OF CONTENTS 

Executive Summary 

Chapter 1 Introduction l-l 

Chapter 2 The Need for Institutional Change 2-1 

Chapter 3 Protecting the Northern Environment 3-1 

Chapter 4 The Indian People in the North of Ontario 4-1 

Chapter 5 The Northern Forest 5-1 

Chapter 6 Mining 6-1 

Chapter 7 Tourism 7-1 

Chapter 8 Planning in the North 8-2 

Chapter 9 Resource-Dependent Communities 9-1 

Chapter 10 The Future: A Strategy for Community and 

Sectoral Planning 10-1 

Summary of Recommendations R-1 

Table of Contents 



Appendix 1 
Appendix 2 



Orders in Council 1900/77, 2316/78, 3679/81 



Mr. Justice E.P. Hartt Recommendations and 
Proposals for Action 



Appendix 3 
Appendix 4 



Public Funding 



Commissioner's letter to Premier W.G. Davis 
making Interim Recommendation 



Appendix 5 



Commissioner's letter to the Minister of the 
Natural Resources re Interim Recommendation 



Appendix 6 



Commissioner's letter to the Minister of the 
Environment re Interim Recommendation 



Appendix 7 



Commissioner's letter to the Minister of the 
Environment re Environmental Assessment Act and 
Land Use Planning 



Appendix 8 
Appendix 9 



Presentations to the Commission, November, 
1977, to September, 1983 
Written Submissions and Exhibits 



Appendix 10 

Appendix 11 

Appendix 12 

Appendix 13 



Published Reports 



Commission Publications Depositories 



Staff List 



North-West Angle Treaty #3, Lake Winnipeg 
Treaty //5 , The James Bay Treaty //9 



Appendix 14 



Staff Paper: The Ministry of Natural Resources' 
Planning Activities in Ontario North of 50 



Table of Contents 



EXECUTIVE SUMMARY 



The Royal Commission on the Northern Environment has examined 
a wide range of issues directly affecting the northern half of the 
Province of Ontario and indirectly, the entire province. The 
Commission found that the northern environment, the people who 
live there and their communities, are extremely vulnerable to the 
impacts of large scale resource development. These people do not 
have the capacity to influence the course of development. Nor are 
there counter-balancing mechanisms in place to ensure that 
northerners benefit from development and the northern environment 
is not irreparably harmed in the process. 

Some counter-balancing mechanisms already exist but have not 
been extensively used. The assessment procedures under the 
Environmental Assessment Act are useful in determining if the 
northern environment can sustain proposed developments and in 
examining alternative undertakings. The Commission recommends 
that the Environmental Assessment Act apply to all undertakings 
proposed in the north which are found by the Ministry of the 
Environment to have potentially significant environmental effects. 
Such undertakings include private enterprises, such as forest 
cutting operations and mines as well as related infrastructure 
like access roads. Also included are public or governmental 
projects and programs, including the Ministry of Natural 
Resources' resource allocation and management guidelines or 
plans. 

New counter-balancing mechanisms are required so that 
specific developments can be better designed to harmonize with and 
contribute to the betterment of the northern environment. The 
Commission recommends that an independent agency - the Northern 
Development Authority - be established and empowered to negotiate 
mandatory resource use agreements with enterprises proposing 
significant development of northern resources. The Commission 
contemplates that mitigation of adverse impacts, compensation for 
other resource users likely to be deprived of their livelihoods, 
construction of multi-purpose infrastructure, employment and local 
business opportunities would be normal subjects of resource use 
agreements. Northerners would administer the Northern Development 
Authority - and reflect the interests of northern people, 
including Indian people, and their towns, municipalities and 
communities. 

The Commission has concluded that of all possible economic 
activities in the north, tourism has the greatest potential. It 
recommends that the Government of Ontario consider tourism as a 
major commercial activity in Ontario north of 50, and as the 
primary activity in the more remote parts of the farther north. 
Tourism management areas should be designated by the Government in 
which tourism is to be the dominant activity and resource use. 
Security of tenure was found by the Commission to be essential to 
the viability of private tourism enterprises on Crown land. The 
Commission recommends that the Government of Ontario sell Crown 
land to viable tourism enterprises after three years of operation. 
The Coramisison also recommends that Indian people be given 
priority in the establishing of tourism facilities and enterprises 
on Crown land in the farther north. 



- 2 - 



A number of the Commission's recommendations addressed the 
need to strengthen the tourism industry in the north and related 
resource management, particularly of northern fish and game 
stocks. 

The dominant industry in the north today is the forest 
products industry. The environmental consequences of cutting 
trees, transporting timber, regeneration and other forest 
management activities were reviewed in some detail by the 
Commission. It has concluded that the boreal forest is 
particularly sensitive to clear cutting and other forest industry 
practices. The Commission recommends that the Ministry of Natural 
Resources formulate special "Standards for Cutting the Boreal 
Forest" and strengthen its Forest Resources Inventory so that it 
contains information on regeneration capability which can be used 
when decisions on allocating forest land for cutting are made. 

The Commission found that considerable controversy exists 
over the condition of the province's forest and status of 
regeneration of it after cutting. Adequate information on these 
matters is lacking. It recommends that an Inspector of Forests be 
appointed to head an independent Forest Audit Agency with powers 
and responsibilities similar to the Provincial Auditor. The 
Inspector of Forests would report annually to the Legislature on 
such matters as the condition of the forests, the conduct of 
forest management by the Ministry of Natural Resources and forest 
products companies and the extent and success of regeneration. 

The Commission has concluded that the forest management 
agreements gradually being introduced by the Ministry of Natural 
Resources for company management units are, in general, beneficial 
to the northern environment. These agreements give security of 
tenure to a company which performs specified forest management and 
regeneration responsibilities aimed at introducing sustained yield 
management to the forest land involved. Sustained yield means 
that no more should be cut than the forest can grow in any one 
year. 

The Commission recommends that the Ministry of Natural 
Resources bring all company management units under forest manage- 
ment agreements by December 31, 1988. Further, it recommends that 
the Ministry of Natural Resources be required to manage all crown 
management units on a sustained yield basis as well. 

Certain recommendations of the Commission are directed to 
improving the standard forest management agreement and in 
particular to enable the designation of forest protection areas 
well in advance of cutting plans. These are areas which are 
environmentally sensitive or which are in their natural state by 
other resource users. Forest protection areas would, if the 
Commission's recommendations are implemented, be designated by the 
Minister of Natural Resources at the request of any interested 
party provided that no objection to such designation was received. 
Where designation is disputed, the Commission recommends that the 
Northern Development Authority be empowered to decide whether 
designation should occur and under what conditions. 



- 3 - 



The Commission has recognized that modified forms of cutting 
should be appropriate in the boreal forest and that special 
methods of cutting might be used in forest protection areas. The 
Commission recommends that the Ministry of Natural Resources 
consider requiring all cutting in environmentally sensitive areas 
and forest protection areas to be carried out by specialized 
cutting companies. It has recommended that environmental 
assessments of cutting methods be carried out so that an 
information base is established on the environmental effects of 
cutting methods in representative boreal forest areas. 

The Commission found that the Province of Ontario and forest 
products companies must accelerate the rate at which cut over 
forest land is being successfully regenerated. The Commission 
recommends that at least 80% of cut over areas be planted 
immediately after cutting with seedlings possessing genetic 
capacity for faster growth and larger timber volume. The 
Commission also recommends that the backlog of cutover forest land 
not sufficiently regenerated be rehabilitated over the next 20 
years and that rehabilitaiton efforts be focused on forest land 
most likely to sustain regrowth which are closest to existing mill 
sites and on forest lands around communities in which the 
principle employer is the forest products industry. Further, the 
Commission recommends that intensive forestry activity such as 
thinning, spacing and fertilization be expanded so that by 1990 
all areas artifically seeded or planted are spaced and thinned at 
intervals of time acceptable to the Inspector of Forests. 

On the basis of independent research carried out by Lakehead 
University, the Commission has concluded that wood supply in 
Ontario's forest cannot support expanded wood processing capacity. 
It accordingly recommends that the Government of Ontario freeze 
mill capacity until sustained yield forest management improves the 
wood supply situation. 

It was the prospect of a new pulp and paper mill and the 
grant of the largest tract of forest land ever given to a single 
company which lay behind the establishment of the Commission. But 
the new Reed mill contemplated in 1977 is no longer an economic 
proposition. Nor does Reed Ltd.'s successor, Great Lakes Forest 
Products Ltd., require wood from the Reed tract for its Dryden 
mill complex. The Commission recommends that the Reed Agreement 
be repudiated by the Government of Ontario and no part of the 
tract be licensed for cutting until the Commission's major 
recommendations with respect to the northern forest are 
implemented. 

A related matter involves the effects on White Dog and Grassy 
Narrows of mercury pollution of the river system from which these 
communities derived employment and sustenance. The Commission 
recommends that until the claims of White Dog and Grassy Narrows 
are settled, the Government of Ontario should not grant any 
cutting rights to Great Lakes Forest Products Ltd., or any 
subsequent owner of the Dryden Mill Complex, in forest land 
outside existing company management units. 



- 4 - 



Another major industry in the north which is likely to 
contribute substantially to the northern economy in the future is 
the raining industry. The Commission has found that this industry 
is relatively neglected by the Government of Ontario. The 
Commission recommends that the Ministry of Mines be reestablished 
and that its geological and technical staff undertake innovative 
research, mapping, geochemical testing, airborne geophysics and 
diamond drilling in support of similar initiatives by industry. 
The Commission also recommends that the Ministry of Mines review 
the appropriateness of existing taxes borne by the raining industry 
and recommend reforms which would encourage greater exploration 
and development of mineral resources. 

The environmental implications of mining development were 
acknowledged by the Commission. It recommended that new mining 
reduction mills or expansions of existing mills should incorporate 
the latest proven pollution abatement technologies. Further, such 
undertakings would be subject to environmental assessment given 
the Commission's recommendaitons that all significant undertakings 
in the north be brought under the Environmental Assessment Act . 

The Indian people of the north, who make up most of the 
population there, were a major preoccupation of the Commission. 
The unacceptable conditions of life in many Indian communities 
pose long term problems for the federal Government, which has 
primary responsibility for Indians under the Canadian 
Constitution. Problems are also posed for the Government of 
Ontario which must carry the expanding burden of educational and 
social assistance payments arising from the more rapid growth of 
the Indian population and the inadequate land base of their 
cotmnunities in the north of Ontario. 

To help provide a better land base, the Commission recommends 
that the Government of Ontario grant Crown land to Indian 
communities north of 50. It recommends procedures for selecting 
the land to be granted involving an independent Northern Land 
Commissioner appointed under the Public Inquiries Act . The Crown 
lands to be granted should help meet community needs for food 
gathering, housing, community facilities, water supply, energy, 
fuel and building materials. The Commission recommends that that 
Government grant all rights in such lands, including mineral 
rights. An Indian community would then have similar rights in 
these lands as it has to land in its reserve. 

The Commission also recommends that community use areas be 
designated north of 50 in which hunting, fishing and trapping by 
Indian persons would have priority over other resource users, 
unless a resource use agreement has been negotiated by the 
Northern Development Authority. The designation of community use 
areas would flow from applicaitons by any Indian community located 
north of 50 to the Minister of Natural Resources. If the Minister 
was satisfied that the community relied on the area for hunting, 
fishing and trapping, designation would follow. Existing rights 
of use of occupancy would be excluded from community use areas. 
Public access along waterways and reasonable public recreational 
and tourism uses would continue. 



- 5 - 



The Commission heard evidence of the conflicts which continue 
to exist between the Ministry of Natural Resources and 
northerners, including Indian communities, on the appropriateness 
of Ministry restrictions on levels of hunting, fishing and 
trapping. The Commission recommends that an independent scientist 
acceptable to affected northern communities be appointed to decide 
on the appropriateness of such restrictions. The scientist's 
decisions would be binding on all parties. 

Of particular concern to the Commission was the adequacy of 
educational opportunities available to Indian people north of 50. 
In a number of recommendations, the Commission calls for stronger 
and more relevant Indian community schools with grades 9 and 10 to 
allow children to remain in the community, and elected school 
boards with responsibility for administration and delivery of all 
educational services in the community. Special curricula should 
be developed for community schools to accommodate the community's 
desire for education in traditional culture. The Commission also 
calls for a special high school for Indian students with technical 
and vocational options considered useful by representatives of 
Indian community school boards. 

The Commission also recommends that the Ministry of Natural 
Resources train and employ Indian Conservation Officers who would 
reside in Indian communities and have responsibility for conser- 
vation in community use areas. 

A prominent feature of the northern environment is the 
resource-dependent community. There, most amenities taken for 
granted by people living in southern communities of the province 
do not exist. The Commission recommends that a special fund be 
established by the Government of Ontario to be used for medical, 
educational, cultural and recreational purposes in communities 
north of 50. The fund would be financed by allocating a 
percentage of revenues collected by the Government from mining and 
forest undertakings north of 50 in the form of underground mining 
taxes and stumpage fees. The fund should be administered by a 
board of northerners. 

Land and resource use planning was another major area 
investigated by the Commission. It has concluded that the land 
use planning exercise undertaken by the Ministry of Natural 
Resources is fundamentally flawed. The process did not include 
the participation of the Indian people of the north or their 
resource use or gathering needs. The resource production targets 
and allocation specified in the plans or guidelines were not 
subjected to environmental assessment. 

The Commission recommends that any planning process in the 
north involve wide public participation, include advisory groups 
representing affected interests and be supported by timely 
dissemination of information to northern communities. The 
Commission recommends also that the Ministry of Natural Resources 
should publish its land use "guidelines" for the northern 
districts (West Patricia, Geraldton and Moosonee) but should state 
clearly in such documents that the guide-lines have no official 
status and will not be used in allocating particular resources. 



- 6 - 



As already indicated, the Commission has called for the 
application of the Environmental Assessment Act to proposals, 
plans, programs, and resource management plans in the north. 

The Environmental Assessment Act is seen by the Commission as 
a key mechanism for ensuring the betterment of the northern 
environment. Experience with the Act and its procedures to date 
permits the Commission to make a number of technical recommend- 
ations to improve the Act's functioning. An expanded role is seen 
for the recently appointed Environmental Assessment Advisory 
Committee. Recommendations are made with respect to greater 
public notice requirements, better access to the record estab- 
lished by the Ministry of the Environment for proposed 
undertakings - particularly for northern communities, the funding 
of public participation in the environmental assessment process 
and methods for resolving inter-provincial and federal-provincial 
conflicts in environmental assessments. The Commission cannot 
accept the use of class environmental assessments for environ- 
mentally significant undertakings proposed for north of 50, such 
as access roads and forest management plans. It recommends the 
strengthening of "bump-up" provisions to permit environmental 
assessments of particular undertakings if requested by affected 
persons or triggered by resource use conflicts or unique 
ecological circumstances. 

The Commission sees a special role for community and sectoral 
planning in the north of the province. The final chapter of its 
report contains a lengthy discussion of these matters. 



LOCATION OF ONTARIO NORTH OF 50° 



PLATE 1 




ROYAL COMMISSION ON THE NORTHERN ENVIRONMENT 



Cartography by the Departmenl of Geography, Uniyerslly of Toronto 



O NTARIO NORTH OF 50 

aaO ORC> n 




90° 



l/i 



/-> 88' 

Y. Easl pJn 
- Islana] 



HUDSON 



axi' ■ 



PLATE 2 






* '"*« \' Summerl 

/ fcineimuin Beavet I 




fa/^ ^ ^ 

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ij 



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5', 



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•i«r 



jtiM. ^ Rob/ 




Note: 

Offshore islands lie within the District ol 

Keewatin, NortfiwesI Territories, 



BELCHER, 
ISLANDS 



' Sanlt<iluaq 



76° 



'^ 



H( Ok Potnl 






Long 
Island 



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. "P'son.. •.BruceLak 
, J-*'/ '"' EalFalls 

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ikwan Point 



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,- ^ -.Albany Island 

. ) FortA 



* Grioal RIvef - 



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-r^ 



Note: / v^ 

(Ntddnei ari ,1 ? Smaller screened lype 
50 peoDle ^k"'1'"^"'' *"^ '^^er than 
•ocaht'es oi unrin °"^^ settlements or 
oiiiies 0? uncertain status, 

> :3.e60.000 
5P 100 



150 KILOMETRES 



ROVAL COMMISSION ON THE NORTHElNTN^N^i^NN/i,^ 




MPICONKI , Geraldton 

.— rtf? IK" • 



Dflclll'fll 




;i Pagwa 
,1 Hiver 



/ 



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Hornepflyne • 



North Twin 
Island 



South Tv 
Island 



„1 Radlason 
Fort-George "^ ,^^- 

' r Ti^V 

La ^-^^ 



' Nouveau- 
Compiolr 



.*VI«u«-CoJ 



Charlton 
Island 

CharUon 

Depot, ,- 
(anl9h RmV"? I 



Moosonee 
■ p.'"'' ' Moose ■ 




Otte. ; 
RaptdS' 



Hearst 



_-, Maral|)on Vp' 



I'ff SUPERIOR 
A,. 



'^^<^~ 



'ichipicolen / 



Wawa 



^/ 



84' 



•Chapleau 



. Fraserdale 

%■! \ 
I \ ^ 

* Smooth Rock 
. Falls . 

i • Cochrane 




52" 



Factory 



Jso"' 



TImmlns/ 



Kif War d 
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I X .Noranda 
! ' Rouyn 




J 1 I 

y by the Department of Geography. University of Toronto 



I 



THE SUBARCTIC SETTING 



PLATE 3 




ROYAL COMMISSION ON THE NORTHERN ENVIRONMENT 



Cartography by the Dspartmenl ol Gsography, Unlvsrslty of Toronio 



CHAPTER 1 



INTRODUCTION 



This is a report of a Royal Commission that has looked into 
that most complex of inter-relationships: man and nature. It was 
begun out of concern about the fragile environment of a 
geographically, economically and ecologically unique part of the 
Province of Ontario. Over the past eight years, the Commissions 's 
work has Involved exploration of most major aspects of the 
northern half of Ontario that has remained, for too long, as 
unknown to the rest of the province as it is vital. It is ray 
earnest hope that this report and its recommendations will be read 
as a new source of understanding of Ontario north of 50. 

Following my decision, made with great enthusiasm, to 
complete the work of the Royal Commission on the Northern 
Environment, I proceeded to study the geography of this vast 
province to better understand the relationships of the north and 
the south of this province. 

I found that by concentrating on the geography of the world's 
surface, its form and physical features, the uniqueness of the 
Province of Ontario stood out as most fascinating. If you make a 
point to centre your eyes on Ontario, as you see North America 
flash by on the television screen, you too will be cognizant of 
its uniqueness. 

On the maps of the world and compared to other provinces, 
states and countries, Ontario's remarkable and characteristic 
physical geography clearly stands out, influencing a vast region 
from the 57th parallel in the north to the 42nd parallel in the 
south. Its geography is the reason for the importance the 
Province of Ontario has established for itself and Canada in the 
continental northern hemisphere. 

This uniqueness originates from the aftermath of a colossal 
violent incursion of shattering force into the North American land 
mass (some say by asteroid or massive meteorites) that centred on 
the area within the Precambrian Shield now identified by the 
formidable Hudson and James Bays (roughly 1120 kms long by 
1120 kms wide). The massive incursion produced a great, if not 
the greatest, visible depression into the earth's crust and 
therewith developed the tremendous Hudson Bay Basin with its 
drainage boundaries which is exemplified by the foremost rivers 
(Severn, Winisk, Attawapiskat , Albany, Missinaib/Mattagami/Moose, 
Abitibi, Harricanaw, La Grande, Nottoway, Rupert, Great Whale, 
Eastmain, Hayes, Nelson, Churchill, Kazan and Thelon) flowing into 
the basin from all directions through the enveloping Precambrian 
Shield. Moreover, this incursion precipitated much volcanic 
action, and explosive eruption throughout the shield. Later the 
Hudson Bay Basin was to become a natural anchor of the Laurentide 
ice sheet. 



Introduction 



1-2 



Unquestionably this violent incursion, that ignited 
cataclysmic action, down warped basins, troughs, and concurrent 
major folding and faulting both within and along the outer 
perimeter of the Precambrian Shield produced a majestic half 
circle, marking in a step arrangement the imposing deep-seated 
Great Lakes Basin (Lake Superior-406 metres deep. Lake Huron-229 
metres. Lake Erie-65 metres and Lake Ontario-245 metres), and 
St. Lawrence River that generally conform to the southern 
shoreline of the Hudson and James Bays. Major lake development 
also followed the perimeter of the shield west and northward, 
clearly defined by the Lake of the Woods, Lakes Winnipeg/ 
Manitoba/Winnipegosis , Cedar Lake, Lac la Ronge, Reindeer Lake, 
Lake Athabaska, Great Slave Lake and Great Bear Lake. 

Following the arc of these developed lakes along the 
perimeter of the Precambrian shield, strangely enough is a similar 
circle of confirmed meteorite craters encircling the Hudson and 
James Bays (a third of the world's largest craters). Canada's 
greatest metal deposits have, up to now, been found in and along 
the same circle. While the Sudbury basin is listed as a confirmed 
meteorite crater, recent studies by the Ontario Geological survey 
raise a question - is it related to several volcanic calderas? 

The resultant world-renowned Great Lakes chain, the largest 
fresh water system in the world, not only defines Ontario's 
southern boundary but provides open ocean access to its inland 
harbours. Ontario alone controls the northern half of the Great 
Lakes, but the southern half is shared by eight American states — 
Minnesota, Wisconsin, Illinois, Indiana, Michigan, Ohio, 
Pennsylvania and New York. While western Canada's southern 
boundary is set at the 49th parallel, the formation pattern of the 
Great Lakes waterway extends Ontario 1127 kilometres deep into the 
continent to the 42nd parallel, reaching into the heartland of 
North America's greatest density of population, to a point where 
the earth's latitude would circle northern California, Italy, part 
of the Mediterranean Sea, the Black Sea, the Caspian Sea and the 
Sea of Japan. 

The location of the Hudson and James Bays, that mark 
Ontario's northern boundary, permits the frigid Arctic waters and 
ice flows to intrude some 1127 kilometres into the continental 
land mass. Northern Ontario along with Quebec on its eastern 
flank are therefore subject to subarctic environments, similar to 
conditions found in the far Northwest Territories above the 60th 
parallel. These arctic environments are consequently thrust 
further south than almost anywhere on earth, subjecting the 
province to the strengths and weaknesses that they represent. 

The fact that the subarctic environments penetrate so deeply 
south into Ontario establishes the basic reason for the fragility 
of the boreal forest north of the 50th parallel. 

It is remarkable therefore, that at the federal level 
Ontario's north is viewed more as typical of southern Ontario, 
rather than similar to the Northwest Territories, and that the 



Introduction 



1-3 



Ontario Government has not looked upon its north as distinctly 
different with a separate set of problems. 

Ontario north of 50 is filled with paradoxes: it is far 
enough away from the centralized south of the province to keep 
people from examining it carefully with full understanding of its 
needs; yet it is near enough to make it vulnerable to the effects 
of economic plans and social patterns that do not take those needs 
into consideration. Too often, its people find that others, when 
they bother to think of the north at all, conceive of it as being 
precisely like the rest of the province — only colder. 

Perhaps it is possible to communicate the differences by 
drawing just a few parallels between north and south: in January, 
the average mean temperature in Thunder Bay is -15°C; it is -5°C 
in Toronto and -3°C in Windsor; the average on the shore of Hudson 
Bay is -25°C. In Toronto, there are, on the average, more than 
2,000 hours of sunlight annually; Moosonee , on James Bay, gets 
only 1,700 hours on average (even Churchill, Manitoba, three 
degrees of latitude north of Moosonee, gets an average of more 
than 1,800 hours of sun annually.) 

There are other telling contrasts as well: in the extreme 
southern portion of Ontario on the rim of Lake Erie, grow 
varieties of trees (e.g. hickory, sycamore, magnolias, dogwood) 
which are designated as "Carolinean forest" — that is, they are 
types common to the forested areas around North Carolina. By 
contrast, the growth in Ontario north of 50 is "boreal forest". 

The term "boreal" refers to things northern and is used to 
describe trees which can withstand extremes of cold and dryness. 
The forests are almost entirely conifer — but not of the type 
most southerners know; it is too cold for the white pine, 
Ontario's woodland symbol, for example. Instead, we have black 
spruce — trees crowned with bluish-black needles. Standing 
densely at the southern edge of the forest, they become more and 
more widely spaced until, south of Hudson Bay, they disappear in 
favor of sub-Arctic vegetation. 

I stress these are just examples of differences; as will 
become clear in the following pages, differences permeate most 
aspects of life north of 50. My emphasis on this is deliberate: 
unless and until it is understood and accepted, the problems this 
Commission set out to delineate will not be faced realistically 
and, therefore, will not be treated sensibly. 

A key to understanding the north lies in its geological, 
historical and economic past. The structure of this chapter 
reflects that fact: it begins with an overview of the geography, 
climate, biology, geology, history and economics, and ends with a 
history of the Commission itself. Subsequent chapters examine the 
environment, the people and the industries of the north, as well 
as related issues arising from these topics. For each I have set 
out my recommendations, along with some perspective on how and why 
I have arrived at my conclusions. 



Introduation 



1-4 



I have never had much time for those who believe that the 
answer for the north lies in forming its own province. There 
appears to be a renewed interest in Ontario's northern heritage 
and a spirit of gooa will toward the people of Ontario's north, a 
willingness to examine their concerns, and to seek realistic and 
reasonable solutions. In fact many northerners have remarked that 
they have found government ministries and agencies, during the 
life-time of this Commission, to be more responsive to their 
petitions and questions, and shown an increased respect for their 
opinions. Separation is neither needed nor wanted — in fact, it 
can be an excuse for not getting down to the tasks at hand. In my 
view, and in the view of many of the people who made submissions, 
the very existence of this Royal Commission can be the first step 
toward new approaches, new plans and a renewed existence for 
Ontario north of 50. 

It is in that spirit which I begin this Report. 

THE PLACE 

Seen on a map, northern Ontario could be the profile of a 
man, head tilted back, looking up and east into Hudson Bay. His 
chin is delineated by the Moosonee and Albany rivers; the tip of 
his nose by Cape Henrietta Maria; his hairline by Fort Severn. 
West to the Manitoba border and south to the 50th parallel, the 
"head", in fact, is a sweep of 540,000 square kilometres — half 
the area of the entire Province of Ontario. 

This is the land that lies south of Hudson Bay and west of 
James Bay. Spanning more than six degrees of latitude, its 
surface is marked by an abundance of water, a pleasing diversity 
of vegetation and a sparsity of people. Beneath it lies an array 
of mineral potential, some long-known, and others unidentified. 

As in the rest of the province, the climate north of 50 is 
affected by the amount of sunlight it receives and by the air 
streams that rush across it. Within the area, the bleakest 
conditions are those of the Hudson Bay coast, where constant winds 
of high velocity prevail. It is a hard land, harsher even than 
other places with which it shares the 50th and more northern 
parallels. In July, the average mean temperature in Glasgow and 
on the south shore of the Hudson Bay (both of which lie 
approximately on the 55th parallel) is 12°C. In those days of 
high summer, however, at about the time the waters of Hudson and 
James Bays begin to warm, the weather has already passed its 
hottest peak and, on the land bordering the water, cooling has 
begun. The extent to which these bays cool northern Ontario is 
most evident in winter, when the average mean temperature on the 
shore of Hudson Bay has fallen to -25°C while it's a balmy plus 
3°C in Glasgow. 

By contrast, the southwestern corner of Ontario north of 50, 
which is frost-free longest, shares some of the climate of 
Canada's prairies. Generally, however, climatic patterns in this 



Introduation 



1-5 



part of the world run in diagonal belts from northwest to 
southeast, parallel to the coasts of Hudson and James Bays. 

If parts of Ontario's north appear barren, in reality the 
region's geological formations are rich in variety and 
resources. The lakes and rivers, forests and rocky outcroppings , 
deposits of gravel, sand and silt cloak bedrock which is the 
result of two different periods of pre-human history. By far the 
older is the Precambrian Shield, named for that period between the 
first cooling of the earth's crust and the appearance of types of 
organic life far enough advanced to have left fossil evidence — 
the initial three billion years of the earth's geological history, 
(The Precambrian Shield is an ellipse reaching from the Atlantic 
on the east to the Arctic Sea on the far northwest, south and west 
into Michigan, Wisconsin and Minnesota.) Most of the Precambrian 
is a multi-colored, hard rock which varies in texture from 
granite-like coarseness to the fine graininess of basalt. As 
well, the area is marked with mineral-rich volcanic belts which 
have existed for nearly two-and-a-half billion years. 

The glaciers of various ages marked the north as they 
advanced and retreated across it. Some 12,000 to 25,000 years 
ago, the region lay under the Laurentide ice sheet. As it 
advanced, the glacier scoured and scraped the earth's surface, 
clearing it of soil, eroding and etching the bedrock in its path. 
In its retreat, some 7,000 years ago, the Laurentide left behind a 
mixture of clay, sand, gravel and boulders in extensive sheets 
(known as "till") or as ridges ("moraines"). 

Other formations were left by glacial movement: long ridges 
("eskers") of stratified pebbles and other materials were 
deposited in the raeltwaters which flowed within and beneath the 
ice. The low-ridged karaes and small deltas formed as raeltwater 
poured sediments into lakes and depressions of land. The outwash 
planes laid down materials washed out from the front of a receding 
or stationary ice sheet. 

Still other kinds of deposition took place as the Laurentide 
ice sheet retreated beyond Ontario north of 50. Two very large 
freshwater lakes, Agassiz and Barlow-Ojibway, were created by 
waters from the retreating ice. These lakes existed long enough 
to deposit and leave behind lacustrine (lake bed) sediments and 
shoreline features on the present-day landscape. 

The ice sheet was so heavy that it depressed the surface of 
the land crust beneath and further depressed the area of the 
Hudson Bay Basin. As the ice began to retreat from Ontario north 
of 50 and its weight began to be removed, the land surface started 
to rise through a process called "crustal rebound". Following the 
departure of the ice sheet from the region, sea waters from what 
is now Hudson Bay invaded the still depressed, low-lying plains 
corresponding generally to the Paleozoic rocks of the Lowlands, 
and laid upon them extensive, unconsolidated marine (sea-bed) 
sediments. Later, as crustal rebound continued, the sea waters 
drained off, leaving behind these sediments and a series of 



Introduction 



1-6 



prominent beach ridges parallel to the present coast of Hudson 
Bay. For a time, the Sutton Hills were islands in Hudson Bay. As 
the land continued to rise, and the waters to recede, they became 
part of the mainland. Geologically speaking, the retreat of the 
ice sheet is so recent that the crustal rebound is still 
proceeding; new land continues to emerge gradually from Hudson Bay 
to this day. 

With the gradual receding of the glaciers and their waters, 
vegetable and animal forms of life began to appear on the 
landscape. Beyond the stands of black spruce, there is the 
northern tundra: stunted vegetation — grass and shrubs — which 
seldom reaches more than a few centimetres because it stands, 
shallowly rooted, on moist, heavy soil layered over permafrost. 
Moreover, the extreme cold kills off new growth easily. Any 
vegetation in this part of the world has resisted a hostile 
environment and when it grows in spite of the ever-present cold, 
it grows slowly. A bit of grass or a small shrub may represent 
many seasons of life which is why a fire in the area, which can 
wipe out in seconds a one-centimetre trunk that took 150 years to 
grow, is an almost unspeakable devastation. 

More than half the entire region comprises lakes, rivers and 
wetlands. The waters of the Shield area are complex, marked by 
waterfalls and rapids, while the Lowlands are veined with 
criss-crossing rivers that are long, straight and run in wide 
channels. Shallow lakes and water-saturated soil, with their 
effect on vegetation, show just how poorly developed Lowland 
drainage systems are. 

In Ontario north of 50, water drains primarily in a 
northeastward pattern toward Hudson Bay and James Bay. Many of 
the largest rivers — the Moosonee, Albany, Attawapiskat , Winisk 
and Severn — flow directly toward the Bays. The Wabigoon- 
English-Winnipeg river system drains westward to Lake Winnipeg and 
ultimately to Hudson Bay through the Nelson River. 

It is this fresh water which draws people and, over the span 
of history, determines where they will live and carry on their 
economic activities. 

In addition to people, where there is edible vegetation, 
there are animals. Along with naturally-occurring fires, changing 
climatic conditions and human activities, they also alter the 
environment. The work of beavers, for example, has made changes 
to the drainage systems of the area. 

In addition to beavers, the significant animal populations of 
the lowland's region include muskrat , fox (both red and Arctic), 
mink, marten, coastal caribou, black bears and, on the shores of 
Hudson Bay and James Bay, polar bears. 

This is just an overview of the place known as Ontario north 
of 50. In other sections of my report, it will become clear that 



Intpoduotion 



1-7 



environment in many ways sets the options open to the people of 
the north. 

THE PEOPLE 

The first people of the region probably arrived not long 
after the glacial retreat — some 8,000 years ago. Climatic 
conditions, similar to today, would have permitted nomadic bands 
to hunt and fish; in fact, there was a short period, some 6,000 
years ago, when temperatures were significantly higher than they 
are today. 

The Ojibwa and Cree-speaking peoples (described as people of 
the Algonkian linquistic group) camped along the network of 
freshwater lakes and rivers which were a source of food as well as 
a mode of transportation making it possible to establish and 
maintain communications with others. Nomads who moved in small 
groups in response to the rhythm of the seasons, the availability 
of food and the human need for contact, were an advanced society. 
Its members, in the time of Christ, were making ceramic pottery, 
using precious metals and trading with each other over long 
distances. 

Europeans did not come to the region until much later, in the 
early 17th Century, when they arrived on the eastern coast of what 
is now Hudson Bay. Henry Hudson was first in 1610-11, followed in 
1631 by Luke Foxe of Hull and Thomas James of Bristol, who sailed 
from England within two days of each other. Their 
names and exploits are remembered today in the Foxe Channel, which 
lies in the Northwest Territories; in James Bay and in Cape 
Henrietta Maria, named after the ship James' fellow citizens 
outfitted for his use. It was James who, in 1632, complained 
bitterly of the torment caused by an "infinite abundance of 
blood-thirsty Muskitoes" ; and it was he who sailed to Cape 
Henrietta Maria and there planted a cross bearing the Royal arms 
and those of his native city. Thomas James discovered and named 
what he called the "Severne" after the English river. Tradition 
holds that Samuel Taylor Coleridge, who lived for a time in 
Bristol, used James' "strange and dangerous voyage" as the 
inspiration for his Rime of the Ancient Mariner . 

The Hudson's Bay Company (actually, "The Governor and Company 
of Adventurers of England Trading into Hudson's Bay") was 
incorporated on May 2, 1670, and given exclusive trading rights in 
that vast territory which drains into Hudson Bay — in effect, all 
of what is now Ontario north of 50, excepting a small area that 
drains into the Great Lakes. 

The Company quickly began fur trading, building posts at 
Moose Fort in 1673, Albany in 1675 and Severn in 1685. This was 
the period, of course, when France and England competed for 
control of all of eastern North America and each sent successive 
waves of explorers to claim the land. In the century after the 
Treaty of Paris in 1763, when France ceded its control of its 
North American possessions, all of Ontario north of 50 was part of 



Introduction 



l-i 



the area known as Rupert's Land and, as such, fell under the 
control of the Hudson's Bay Company. 

The Company's influence over the region had already begun to 
dwindle in 1884, when the Canadian Pacific Railway — 
Sir John A. Macdonald's grand ribbon of nationhood — was 
completed across Ontario. Following the shore of Lake Superior to 
Fort William and then westward through Ignace and Kenora to 
Winnipeg, the route was initially nothing more or less than an act 
of faith, the Old Man's determination to ensure an all-Canadian 
line, in defiance of a geography which dictated that it should dip 
into American territory. 

The significance of the railway route was upheld when Prime 
Minister Bennett, during the depression, initiated highway 
projects which became the Trans-Canada Highway through the rough 
terrain of northern Ontario. This was not the case with Prime 
Minister Mackenzie King when it came to constructing the Inter- 
Provincial Pipe Line from Edmonton that was to leave Canada in 
Manitoba and cross American states to reappear at Sarnia — giving 
Superior, Wisconsin, instead of Thunder Bay, the refinery. 

Northern Ontario would have suffered the same fate with 
respect to the Trans-Canada Gas Pipeline, except for Premier 
Leslie Frost who, with the urging of a small group of businessmen 
from northwestern Ontario, challenged Ottawa, and assured the 
pipeline would be built across all of Ontario by committing 
Ontario finances to make it a fact. 

At the beginning of this century, Ontario had a population of 
more than two million people, most of whom lived on small farms or 
in towns and villages in the south. The north was as distant and 
mysterious as the far side of the mooa. From time to time, 
members of the Geological Survey of Canada had explored the area 
between the CPR line and James Bay but were still convinced that 
the Precambrian rock offered little of value (though deposits of 
copper/nickel ore had been discovered at Sudbury when the railway 
was being built). There were pioneering farm families immediately 
south of 50 in the Haileybury/New Liskeard area who were pressing 
the provincial Government for a road or railway to take their 
goods to market. In 1900, the Ontario Government sent 10 survey 
parties into the region from the Quebec border to Lake Nipigon. 
The findings of these groups of land surveyors, geologists and 
soil experts were unexpectedly dramatic: there were nearly 6 1/2- 
million hectares of arable land in the so-called Clay Belt, 
extending from Lake Timiskaming nearly as far west as Lake Nipigon 
itself. In addition, they reported, there was an "almost 
unlimited quantity of the best spruce for the manufacture of pulp 
and paper". 

The province moved quickly to provide rail transit for the 
immigrants it hoped to persuade to settle in Ontario's north, 
rather than in Canada's west. And it was in that process, at a 
point 166 kilometres from North Bay, that railway workers 
discovered silver in 1903 at what is now known as Cobalt. And 



Introduction 



1-9 



what silver: readily accessible, its veins close to the surface 
and so richly present in some places little money was needed for 
development. By the end of 1950, a quarter-billion dollars of the 
metal had been taken out of Cobalt — a staggering amount 
considering that in those 47 years the price of a troy ounce of 
silver on world markets never exceeded $1.01 U.S. — and, at 
times, dipped below 25 cents. 

In the year of the Cobalt silver strike, the Government of 
Canada began planning a railway which would take a more northerly 
route than the CPR and, in 1914, the National Transcontinental 
Railway (later the Canadian National) was completed. Its opening 
gave us a continuous rail line generally near the 50th parallel — 
the beginnings of overland east-west transportation and the reason 
for the establishment of many of the north's communities. 

In the years following, the economic history of the north is 
the history of the mining industry — and that, it seems in 
retrospect, was colored with some legendary figures who enjoyed 
extraordinary luck: Harry Preston who, in 1909, slipped on a 
steep hillside and discovered a ledge seven metres wide which led 
to a dome literally studded with gold — which became the Dome 
mine; or Benny Hollinger who flipped a coin with another man to 
decide how their claims should be divided. Hollinger won the toss 
and selected six claims near a small lake — claims which were the 
beginning of the famous Hollinger mines. Or Sandy Mclntyre and 
his partner, who staked four claims east of Benny Hollinger 's, and 
found in the earth the riches that made Mclntyre Porcupine — one 
of the great gold mines of history. 

But there was another growing industry as well: lumbering. 
In the last third of the 19th century, the forest industry was 
devoted to producing ties and tressle timber for the railways and 
lumber to build housing for the fast-growing new country. By 
1900, however, the focus shifted from white pine to spruce — 
in part because the stands of pine had been decimated and in part 
because of the growing needs of the pulp-and-paper industry. 

Lumbering of any sort was encouraged by government, which saw 
woodcutting as both profitable in itself and useful as a way of 
opening up new farmlands in the northern clay belts: forests 
would be cut down for farmland, farmers would feed foresters. 
That this scheme did not work out — because of climate and soil 
conditions — is simply another example of what happens when 
people living in the south make assumptions about living in the 
north. 

Until World War II, lumbering was seasonal. In September, 
roads to the forest stands were cut and camps set up for the 
lumberjacks who worked only with saws and axes. With the coming 
of winter, the logs, delicately balanced on horsedrawn sleighs, 
were driven over ice roads to the nearest river where, with the 
spring thaw, the logs were floated to sawmills downstream in the 
spring where they were cut into railway ties, square timber, 
boards and planks. 



Introduction 



1-10 



The Canadian Pacific Railway, which played so important a 
role in other areas, also affected lumbering operations. In the 
early years, American lumber interests treated the forests in 
northern Ontario as extensions of their own stands and cut 
accordingly. With the construction of the CPR the federal 
Government required enormous quantities of wood. The result was 
twofold: a new awareness of trees previously overlooked — 
tamarack, spruce, cedar — and a new method of transporting lumber 
to market: the railway itself. In 1898, the provincial 
Government passed legislation prohibiting the export of logs cut 
on Crown lands and, though American-owned mills continued to 
supply the U.S. market with Ontario's wood, this was as sawn 
lumber, not as logs. 

By the end of the 1800 's, its own stands of pulpwoods almost 
gone, the U.S. began to turn north for the raw materials needed to 
meet its increased demand for newsprint. As a result, by the 
raid-1920s, northern Ontario had virtually switched its forest 
industry from lumber to the larger, more complex needs in the 
manufacture of pulp-and-paper . The pulp-and-paper sector shared 
all of industry's economic shock in the Depression; but it was on 
the road to recovery by the late 1930 's and, during the Second 
World War, had become so vital yet short of labor that German 
prisoners were used in the bush. 

With our more efficient post-war technology, lumbering 
operations today are of a size undreamed of four decades ago. 
Gone is the time when it was possible to find readily-accessible 
stands of trees which reached 60 metres into the air and were 
nearly two metres in diameter at their base. Once "hewers of 
wood", we have had to become haulers of wood — sometimes as much 
as 300 kilometres from stand to mill — a measure of the extent to 
which the forests have been depleted. This is a subject to which 
the report will return in Chapter 5. It is a matter no less 
urgent simply because the proposal which led to the formation of 
this Commission — the decision to allocate cutting rights over an 
enormous area of northern Ontario to a paper-manufacturing company 
— is no longer on the table. 

The early years of the north were memorable politically as 
well as economically. In 1867, the British North American Act 
(now the Constitution Act, 1982 ) confirmed that the watershed of 
the Great Lakes would be part of the new Province of Ontario. 
Three years later, the Dominion acquired Rupert's Land from the 
Hudson's Bay Company, though it was unclear whether the area was 
under federal or provincial jurisdiction. Even then, it was 
obvious that there was a great deal at stake. Battles between 
Toronto and Ottawa heated up during the two Macdonald Governments 
and cooled down in the period between them, when Liberals 
controlled both the federal and provincial Parliaments. (In the 
ensuing turmoil, the citizens of Rat Portage — more pleasantly 
known today as Kenora — voted in the 1883 provincial elections in 
both Manitoba and Ontario.) 



Introduction 



1-11 



But the quarrel, which hampered the possibility of 
development, was far from insignificant and, in 1884, was 
referred to the Privy Council of Great Britain, then Canada's 
ultimate court of appeal. The Council ruled in favor of Ontario's 
claim to all lands north of the Albany river, east to Quebec and 
west to the Lake of the Woods — a decision which became the basis 
of the Canada (Ontario Boundary) Act of 1889. The final thrust, 
to encompass most of what now lies north of 50, did not occur 
until 1912 when the federal Government of Sir Robert Borden 
transferred the Patricia area from the District of Keewatin to the 
Province of Ontario. 

In the early 19th century, European and native societies 
lived harmoniously in northern Ontario but, even then, change was 
already on the horizon. In 1850, the Province of Canada (composed 
of what was known as Canada East, now Quebec, and Canada West, now 
Ontario) assigned Provincial Commissioner Robinson to extinguish 
Indian title in the Lake Superior and Lake Huron area, and his 
treaties (Robinson-Superior and Robinson-Huron), peacefully 
signed, set up the principle of open meetings, reserve lands and 
annuities that was to set the substance of later agreements. 

With the coming of Confederation, the federal Parliament was 
given legislative power over Indians and the lands reserved to 
them. Though these reserves had resulted from treaties signed by 
both the federal and provincial Governments with bands throughout 
northern Ontario, the Constitution Act gave responsibility to the 
federal Government only. Within these islands of federal 
jurisdiction, Indian bands have "beneficial ownership" of 
both the surface and sub-surface of the land, including minerals. 

Off the reserve lands, Indians continue, according to 
evidence they submitted to the Commission, to harvest resources 
for both subsistence and economic purposes. According to Treaties 
#3, 5, and 9 — covering all of Ontario north of 50 — the right 
to fish, hunt and trap on Crown lands by Indians living on 
reserves was confirmed, even if otherwise in breach of provincial 
law, providing it is for "sustenance purposes" (i.e., in 
order to maintain them). Those rights have been entrenched in the 
Constitution Act of 1982 and, thus, are part of the supreme law of 
Canada. 

THE ROYAL COMMISSION 

If anyone doubts a single person can make a difference, even 
in our complex 20th century society, the existence of this 
Commission should be reassuring. Its initial existence is owed to 
the ongoing concerns expressed by Andrew Rickard, then Grand Chief 
of Grand Council Treaty #9, about resource development north of 
50. In September, 1976, Chief Rickard approached the provincial 
Government urging an inquiry to explore the subject, focusing on a 
proposal by Reed Paper Ltd. to log 30,400 square kilometres of 
bushland north of Red Lake — the largest uncut stand in all 
Ontario — to supply a planned forest products complex in the Red 
Lake/Ear Falls area. Reed was, at the same time, owner of the 



Introduction 



1-12 



Dryden Paper Mill, the operations of which were implicated in 
mercury pollution of the Wabigoon/English/Winnipeg River system 
downstream of the mill site and which had resulted in the collapse 
of the Indian economy dependent on that system. 

The following month, Reed and the province's Ministry of 
Natural Resources signed a Memorandum of Understanding under which 
a feasibility study would be commissioned. At the same time, the 
Ministry committed itself to a complete forest inventory. It soon 
became clear, however, that such an agreement fell short of public 
expectations. People were especially worried that Reed would get 
its timber licence without any prior consideration of the social, 
economic and environmental consequences of the project. 

It was now November, 1976. Ontario Premier William Davis, 
recognizing the widespread concern about what had come to be known 
as the "Reed Tract", proposed a Commission of Inquiry be formed, 
with Mr. Justice E.P. Hartt of the Supreme Court of Ontario at its 
head, to examine the allocation and management of resources in the 
Tract. 

By the time the Commission was formally established in July 
of 1977, it was clear that the issues of the north are 
inextricably interwoven together. It simply made no sense to 
expect that the Reed Tract could be considered in isolation from 
all other aspects of northern resource development. As a result, 
the mandate of the Commission was expanded to a full-scale 
investigation of all aspects of resource development north of the 
50 parallel. 

As a result, the Cabinet Order-in-Council 1900/77, 
establishing the Commission pursuant to the Public Inquiries Act , 
(See Appendix) directed it to: 

1) inquire into any beneficial and adverse effects 
on the environment . . . for the people of 
Ontario of any . . . major enterprise north or 
generally of the 50th parallel ...; 

2) inquire into methods that should be used in the 
future to assess y evaluate and make decisions 
concerning the effect on the environment of such 
enterprises; 

3) investigate the feasibility and desirability of 
alternative undertakings ... for the benefit of 
the environment. 

In keeping with the Government's desire to give the broadest 
possible scope to the inquiry, the Order-in-Council gave wide 
latitude to its definition of the elements that comprise the 
environment and included not just the natural surround but also 
the social, economic and cultural conditions which influence the 
lives of people and of their communities. 



Introduction 



1-13 



The Public Inquiries Act, under which the Commission was 

established, specifies that the procedures to be followed and the 

conduct of the inquiry are under the control and direction of the 
Commission. 

Mr. Justice Hartt's first order of business, then, was to 
shape the Commission's focus and the initial step was a process of 
public consultation — 14 hearings in the north and one in 
Toronto — between November, 1977, and February, 1978. 

The key questions for the public in the preliminary phase 
were: what issues should this Commission address? how should it 
conduct its explorations of those issues? how should it operate 
to ensure the widest possible participation in its deliberations? 
The results of the 15 hearings clarified, beyond a doubt, the need 
for such an inquiry and the genuine interest in it. More than 450 
submissions, many of which represented long hours of thought and 
preparation, were received, especially from the people of the 
north. 

On April 4, 1978, Mr. Justice Hartt issued his Interim Report 
and Recommendations (See Appendix). Its purpose, he said, was to 
"highlight oevtain move fundamental issues and special oonoerns 
whiah must be understood and acted upon by Government" . He 
also indicated future directions for the Commission and included 
specific recommendations such as a review and assessment of the 
West Patricia land use planning process and input into the 
environmental assessment process of a proposed lignite strip- 
mining project at Onakawana. Premier William Davis, in a 
statement to the Legislature on May 19, 1978, responded to the 
Interim Report and Recommendations, supporting the concept that 
northern residents be more directly involved in the decision- 
making processes of Government. 

Later that year, Mr. Justice Hartt left the chairmanship of 
the Commission to take up the post of Commissioner of the Indian 
Commission of Ontario, the establishment of which he had 
recommended in his interim report. 

Late in 1978, the Commission published The Issues Report , the 
final document prepared under Mr. Justice Hartt's direction. It 
is a compendium of the issues, opinions and viewpoints of the 
participants in the preliminary hearings and its purpose, 
Mr. Justice Hartt explained, was "to give the people of Ontario 
the ohanae to hear, and to begin to understand, the problems of 
the north, as seen by the people of the north". 

On August 2, 1978, the Ontario Cabinet appointed me to 
succeed Mr. Justice Hartt as Commissioner of the Royal Commission 
on the Northern Environment. 

1 have excluded the contamination of the Wabigoon/English/ 
Winnipeg water system from my considerations since it seemed 
likely that it could better be resolved by the newly-established 
Indian Commission of Ontario. 



Introduction 



1-14 



I immediately turned my attention to the major areas outlined 
in Justice Hartt's Interim report: 

1) to examine the human and environmental 
consequences of economic change and the use of 
resources north of 50; 

2) to investigate the process by which decisions on 
these matters are made; 

3) to assist the people of the north to decide the 
kind of future they want for the land on which 
they live, seeking especially to find ways of 
improving the disadvantaged situation of native 
peoples; 

4) to recommend to the Government of Ontario how 
those issues should be resolved. 

To clarify the focus of the Commission, I laid out the two 
major principles to which I was committed: that northerners 
should be involved in decisions affecting them and that northern 
development should only be permitted if it is carefully 
controlled. Economic growth should and must take place but can do 
so only if it benefits the people of the north and does not have 
adverse social or environmental consequences. 

In other words, as a northerner for all of my adult life, I 
was convinced it was possible to permit use of the north's natural 
resources without creating havoc in its fragile ecosystems. 
Moreover, it was both economically and socially sound to ensure 
that a first priority for such controlled development is that it 
benefit the people of the north — that it ensures them a decent 
living standard, modern educational and health system, appropriate 
transportation and communications, and cultural protection. I 
emphasize that these two principles cannot be viewed separately. 
It would be a mockery, for example, to suggest that economic and 
social development are possible without stringent environmental 
controls or that environmental protection automatically means the 
end of any kind of development. 

In order to take the Commission to the people of the north, I 
established my head office on January 2, 1979, in Thunder Bay, 
retaining the administrative office in Toronto as well as the 
Timmins regional office opened in September, 1977. 

With the commencement of my research program and as a result 
of extensive travelling and consultation in the north, I presented 
my further objectives to: 

1) identify, as far as possible, the economic 

prospects for the north in the "convential" 

sectors (e.g., mining, forest industries, 
tourism) . 



Introduction 



1-15 



2) identify ways of strengthening and diversifying 
the economic base of northern communities, both 
through the "conventionial" sectors and through 
complementary and alternative activities. 

3) examine the probable implications of human 
activities for the natural environment of the 
north and the adequacy of current governmental 
programs to protect it. 

4) assist the people of the north to develop 
realistic social, economic and (natural) 
environmental goals for the north as guides to 
public policy. 

5) recommend necessary changes in the legislation, 
administrative structures and processes whereby 
government decisions about economic and social 
development and protection of the natural 
environment in the north are made, considering 
their appropriateness, effectiveness, coordina- 
tion, clarity, and responsiveness. 

The Commission's research involved both internal technical 
studies and the work, of universities, outside academics and native 
groups. Major internal studies undertaken during my inquiry have 
resulted in two published reports which looked at the present 
environmental assessment process, as it related, in one case, to 
the proposed Onakawana lignite development project and, in the 
other, to the access road to the Detour Lake mine site. Major 
external studies included: 

1) The Economic Future of the Forest Products Industry in 
Northern Ontario , by Lakehead University. 

2) The Future of Mineral Development in the Province of Ontario 
North of 50° North , by Laurentian University. 

3) Tourism Development in Ontario North of 50° , by W.M. Baker. 

4) Producing and Providing: The Story of Kiashke River Native 
Development Inc. , by John H. Blair. 

The Commission's research resulted in a series of publications 
that are valuable additions to the field of northern study. (See 
Appendix) To be sure, a great deal more research remains to be 
done but the Commission has established a carefully reasoned and 
scholarly base for future works. 

As part of the Commission's work in developing a 
comprehensive picture of the north's economy, we signed a 
cooperative research agreement with the Kayahna Area Tribal 
Council. The Council undertook to examine changes in the social, 
cultural and economic life of the people who live in the remote 
native communities of the Kayahna tribal area of northwestern 
Ontario. In turn, the Commission undertook a thorough review of 
the economic base of selected communities in the general area of 
Sioux Lookout. 



Intpoduation 



1-16 



A similar joint effort between the Fort Hope Band and the 
Commission studied the social, economic and environmental effects 
of the proposed Ogoki road in the Fort Hope area. This particular 
project required and received the total dedicated participation of 
the entire Fort Hope Community and we believe it stands as a 
potential model for northern community-based decision-making. 

The Kayahna Area Tribal Council also entered into a major 
contract with the Commission under our public funding program to 
undertake a land use and occupancy study for the Kayhana area. 

Unhappily, not all studies were similarly fruitful. 
Contracts were undertaken with other Tribal Councils of the Treaty 
#9 region and with the Grand Council Treaty #9 itself but were 
terminated before completion because of circumstances beyond the 
control of the Commission. 

My public funding program was a primary focus for the 
Commission's activities to help groups and individuals undertake 
research, and prepare and present submissions or reports on 
matters directly relevant to the Commission's mandate and 
objectives. (See Appendix) 

As the inquiry progressed, the Commission was able to analyse 
the public's sense of the relative priority of issues. This 
analysis enabled me to focus on two major directions for the 
inquiry: 

1) to establish mechanisms which could ensure that northerners 
would have a strong say in determining how development of the 
north should proceed; and 

2) to discover a method to help control northern development and 
to work in concert with and not at the expense of the 
environment. 

I presented these in a document entitled Future Directions , 
confident that by inviting participation by all northerners, by 
involving the native people in the research, and by presenting 
realistic goals and objectives, a greater understanding of our 
environment and its peoples would ensue. 

The entire public participation program was designed as a 
two-way street: the Commission informing interested persons and 
groups about its findings and the public informing the Commission 
of its opinions and positions on the issues under study. We were 
involved in a number of useful avenues of public communication: a 
newsletter, widespread dissemination of our reports and 
consultants' papers. We held public meetings and information 
sessions, encouraged direct contact between general public and the 
Commission; and invited informal submissions — all with the twin 
goals of keeping the public apprised of our work and of keeping 
ourselves aware of public attitudes and expections. 



Introduction 



1-17 



This was not by any means a hollow public relations gesture. 
As the Commission progressed, we gained an increasingly sensitive 
awareness of the public's ranking of the issues that had been 
raised in the early set of hearings and in my visits to northern 
communities. Of the principles already established, there were 
three of special importance to our various publics and all, I 
believe, are strongly reflected in this report: first, any 
process of decision-making must guarantee northerners a strong 
voice in determining future development; second, new development 
must not eliminate any activities engaged in by others without 
resolving conflicts; third, a method of controlling development 
must be put in place to ensure development does not occur at the 
expense of the environment. 

I reiterate these points, both because of their importance 
and because they provide the foundation on which the Commission 
came to stand. Our research and publications initiatives are 
intended to create a common body of knowledge on which future 
decisions can be soundly based; our attempts at reaching out to 
all people who might be interested in or affected by our 
deliberations was, aside from its intrinsic value, meant to show 
what is possible when people are encouraged to speak on matters 
vital to them now and in the future. 

This last phase, in which the Commission examined the 
allocation, use and management of resources was, of course, based 
on the previously mentioned principles of local decision making 
and minimal environmental damage. Its specific focus — public 
involvement programs, and internal/external research activities — 
culminated in 36 days of public hearings at 19 locations, 
commencing November 22, 1982, with 211 written submissions 
received and 254 presentations made. (See Appendix) 

I felt that the purpose of hearings was to let me hear the 
views, experiences and opinions of residents of the north, other 
interested persons and the major enterprises and government 
agencies active there. Hearing procedures should be, I 
concluded, as simple as possible. 

While there were obviously, given the breadth of my terms of 
reference, many issues on which differing views existed, there 
were jio specific major undertakings or resource developments then 
planned for the north. There was no single project - like a 
pipeline or paper mill - the merits of which could be addressed in 
my hearings, with relevant evidence, pro and con, tested by cross- 
examination. 

I called as a result for informal hearings without provision 
for cross-examination, believing that formal, adversarial hearings 
were neither needed nor appropriate in the circumstances. 

The procedures that 1 circulated long before ray hearings 
began clearly spelled out their informal nature. I received no 
advance comment or criticism of them. 



I ntvoduetion 



1-li 



At one of my first hearings, however, Grand Council Treaty 
#9 asked me to recognize it as a party with a direct and 
substantial interest in the inquiry. Such parties are guaranteed 
rights of cross-examination by the Public Inquiries Act . 

I was concerned that cross-examination would add formality 
and an adversarial atmosphere to ray hearings which would 
discourage participation by northerners and other interested 
parties. Given the scope of my terms of reference, it was 
difficult to imagine anyone living in the north who was not 
substantially and directly affected by at least one of the many 
subjects the Commission had been called upon to inquire into. 

In accordance with the Public Inquiries Act , this honest 
difference was submitted to the Divisional Court of the Supreme 
Court of Ontario for determination. That court ruled that Grand 
Council Treaty #9 and the Red Lake District Chamber of Commerce 
were parties with a direct and substantial interest in the inquiry 
and must therefore be given the opportunity to cross-examine 
persons testifying before me. 

As a result, I revised my hearing procedures and held formal 
hearings in Thunder Bay and Toronto. Grand Council Treaty #9 did 
not attend. 

It is a matter of personal and lasting regret that the Grand 
Council Treaty #9 chose not to participate in the formal 
hearings it had initially urged and, thus, it deprived the 
Commission of a potentially rich source of ideas and suggestions. 
This outcome was particularly ironic in view of the Council's role 
in the formation of this Commission. Nonetheless, I believe the 
many submissions of natives, individually and as groups, comprise 
an enormously valuable contribution and makes the Commission's 
work worthy of consideration. 

The Minister of Natural Resources, the Ministry of the 
Environment and the Great Lakes Paper Co. Ltd. presented 
themselves before the Commission for cross-examination by the 
following groups, which sought and were granted formal standing: 
the Red Lake District Chamber of Commerce; the Sioux Lookout 
Trappers Council; the Northern Ontario Tourist Outfitters 
Association; the Summer Beaver Settlement; the Deer Lake Band and 
the Kayahna Tribal Area Council. These hearings became a valuable 
element in the Commission's work, a fact reflected in this 
report. 

Finally, as the person responsible for every one of the 
recommendations that follow, I believe it is appropriate to give 
readers of this report as fair and objective an assessment as 
possible of the attitudes and understanding I brought with me when 
I accepted the post of Commissioner. I would not betray the 
lessons I've learned in 50 years in the north by pretending that I 
have a totally "unbiased" view of my part of the world — because 
no intelligent person can remain untouched by experience and 



Introduction 



1-19 



because claims to being "unbiased" are naive or untruthful, or 
both. 

But there is a considerable difference between having a 
viewpoint and having a closed mind. Moreover, in clarifying my 
point of view here, at the beginning of this report, I hope to 
make clear that what follows is not a random selection of 
purported cure-it-alls for the ills to which the north is prone. 
After all, if we northerners live with anything, it is with 
reality and we know too well that if it sounds too good to be 
true, it usually is. At the same time, I reject the pessimists 
who believe nothing is worth beginning because it is too 
complicated or takes too long to accomplish. 

Without apology, I see the north as different from the rest 
of this province. Northerners live in a setting in which they 
must do the adapting in order to survive. There is a resulting 
acceptance — a calm, if you will — from learning to live in 
harmony with elements that cannot be controlled to any appreciable 
degree. 

I see the north as a place in which, centuries ago, people of 
a highly advanced culture lived simply and harmoniously with the 
elements. When immigrants arrived — my family from Sweden, many 
from all parts of Europe — we brought little of benefit to the 
native people already living here as we shall see later on in this 
report. 

At present, there are problems — and unique opportunities — 
because of the interplay between cultures in the north. Native 
families have intrinsic strengths which need to be better 
understood. In a world where parents no longer provide role 
models for their offspring, for example, the native passes on the 
hunting and fishing skills honed by his ancestors over several 
thousand years. This is intrinsic to a culture which views nature 
as belonging to a Great Spirit and requires the Indian family to 
protect it for future generations. 

Clearly, we can find avenues in which all cultures are 
equally respected and all can preserve what is essential to their 
understanding of the world around them. While we do not share all 
our values and often cannot communicate with each other because of 
language barriers, it is also true that many aspects of northern 
life can be shared* our northern attitudes to climate; our 
isolation; our anxiety about plans made for, rather than with, us; 
our desire to make a good life for ourselves and an even better 
one for our children. 

Now, we turn our attention to the future — the only "place", 
after all, over which we still have absolute control. It is my 
firm belief that when one of us is better off, we are all better 
off. I hope that careful consideration of the report and its 
recommendations will result in a future characterized by new 
attitudes, new ways of treating people and improved planning in 
the north. These will leave all of us — north and south — 



Intpoduction 



1-20 



hPtter for it. If it should have that effect, then it can be said 
of all those who worked for and with the Royal Cotnmxssxon on the 
Northern Environment that we were worthy of the task entrusted to 
us. 







Introduction 




Hearings 
Red Lake 

Red Lake District Chamber 

of Commerce 
D. Meadows, Pat Sayeau 
Darcy Halligan 




Red Lake Public School 
Students 




Chief Douglas Meekis 
Deer Lake Band 




Fort Hope 
Hearings - 
Instant 
Translation 



Fort Hope 

Hearings - 

Chief Harvey Yesno 

explaining the 

Drum 



Fort Hope 
Hearings - 
Residents 
discussing their 
experiences and 
lifeways 



CHAPTER 2 

THE NEED FOR INSTITUTIONAL CHANGE 

The north serves and is dominated by Ontario's more populated 
industrial south. This reality underlies the environmental 
degradation and social malaise that has characterized the 
exploitation of northern natural resources. Because the bulk of 
development benefits have flowed south, the north and the people 
living there have been left to cope with the long terra 
consequences of resource development. That burden has often been 
greater than any benefits derived from short-term employment or 
business opportunity. The north has not shared equitably in the 
profits that have flowed from the exploitation of its natural 
resources. 

The greatest impacts of resource development are clearly 
experienced by those who live near the resource. Resource 
extraction, whether it is the cutting of trees or the mining of 
minerals, can drastically change the physical landscape. It can 
also cause profound economic and social change which can be 
devastating for adjacent communities. Resource development can 
also bring jobs and business opportunities that greatly increase 
the standard of living for northerners. 

Similar statements were repeatedly made in many of the 
submissions I received. In my hearings, I heard time and time 
again that development in the north has rarely been designed to 
meet the long-terra needs of northern communities. I heard, too, 
that developers often prefer to import labor and goods, rather 
than make use of what is or could be available locally. 

What thought has been given to northern needs when resources 
are developed? Rarely have comprehensive remedial and mitigative 
measures been designed and implemented before the development 
commences. Nor in the past, has there been any real effort to 
determine how best development could be structured so that 
benefits for local communities, businesses and residents would 
emerge as a consequence of resource exploitation. 

I have concluded that we must attempt to ensure a more 
equitable sharing among all Ontarians of the benefits derived from 
resource use. We must approach development collectively and 
creatively, without the polarization of positions that seems to 
have become a common feature of debate over resource proposals. 
To do this, we must ensure that those who may be directly affected 
by development have a real say in how it should occur and a real 
return if it does occur. When people believe they will have a 
share or be partners in development, and that interest will not 
be manipulated by others or taken away arbitrarily, I believe they 
will be favorably inclined to support it. 

That is not the case now. Many northerners, and particularly 
native people, look on development proposals with suspicion, fear 
and cynicism. They have seen the benefits of earlier developments 
bypass them completely. They have suffered from a legacy of 



Institutional Change 



2-2 



social and environmental damage. They have lost, as a result, a 
large measure of self-respect and dignity as human beings. This 
can, I think, be changed, but only through the effective involve- 
ment of northerners in designing resource projects and 
experiencing projects from which they receive real benefits not 
only through the project's life. 

In other words, beneath the many conflicts over resource 
development lies a wide-spread belief amongst northerners that 
t' -^y have precious little influence over the course of 
development. That belief is well-founded. What is more, there 
are no government agencies with power to shape northern develop- 
ment which are immune from the political and economic centres of 
power of Bay Street and Queen's Park. It is important we recog- 
nize these realities. We must design approaches and mechanisms 
which will ensure that the power of the majority in the province 
does not deny reasonable standards of opportunity and living for 
the minority of Ontarians who live in the north. It is wrong that 
the north and its residents are neglected when the exploitation of 
northern resources feeds the mouths and machines of populations 
elsewhere. It is morally and logically wrong since northerners 
are the custodians for all Ontario of a vast storehouse of water, 
clean air, wood and minerals on which the future of the province 
depends. 

The welfare of future generations lies in our ability to 
ensure the northern environment is wisely used. Who could better 
aid in achieving this then northerners? 

My recommendations in this report, given the broad sweep of 
my terms of reference, touch many aspects of resource development 
and the northern environment. But the key to implementation of 
the changes I find to be necessary are counter-balancing 
institutional and regulatory mechanisms. 

I have considered a wide range of regulatory approaches. 
Already we have in place environmental legislation — and in 
particular, the Environmental Assessment Act — which can, in 
part, help design development so that adverse consequences are 
reduced. But no law, regulation or institution currently in 
place has the capacity to shape development so that the benefits 
for affected communities and people - for example, in terms of 
jobs and business opportunities - become part of the development 
scheme. 

Indeed, I doubt whether one could achieve such objectives 
in a speedy and creative way through the imposition of rules, 
obligations and penalties by legislation. Each development 
project — every area of land involved — is different; so, too, 
are nearby residents and their communities and the existing 
infrastructure of roads and railway lines. Designing how best a 
project can benefit the north must, of necesssity, be project- 
specific. 

Ontario's situation is not, however, unique. The Commission 
reviewed approaches elsewhere which show an increasing reliance 



Institutional Chanje 



2-3 



on the use of special made-to-measure contracts dealing with a 
resource use and its economic, social and environmental impacts. 
I have concluded that resource-use contracts are the best way to 
deal with resource developments in the north and related potential 
conflicts. But, a related mechanism is needed to design and 
negotiate resource-use agreements. 

I have decided that a new institutional mechanism is needed 
for this purpose. In doing so, I reviewed whether or not the role 
involved could be played by existing ministries and agencies of 
the Government, or through the establishment of a special ministry 
for the north, which might be called the Ministry of Northern 
Affairs and Development. I looked, for example, at the experience 
of the Ministry of Northern Affairs, which I believe has 
significant accomplishments to its record. It has, I believe, 
successfully met its objectives in ensuring that northerners and 
northern communities get a fairer share from existing Government 
programs. (Further specific recommendations concerning the 
Ministry are found in Chapter 9.) But the Ministry, in terms of 
influence, is but one Minister in a Cabinet which owes its 
political life to the votes of all Ontarians — most of whom 
reside in the south of the province. A single ministry can 
provide a northern perspective but it is all too easily overridden 
by practical political realities. There is, as well, the tendency 
for all Government ministries to take on expanded functions and 
thus bear responsibility for a wide and distracting range of 
Government programs, some of which will doubtlessly operate 
outside of the north of the province. 

A major influence on my decision is the reality that no one 
ministry has been able to achieve a relationship of trust with the 
Indians who reside in the north of the province. They are the 
majority there. Their trust and involvement in resource 
development is essential to their survival and to ensuring they 
too get a fair return from resource exploitation in their 
homelands. 

I have also considered a number of submissions made to me 
which called for changes in the way in which the north is 
represented in Ontario's Legislature. Increased legislative 
representation might increase the northern population's capacity 
to strike a fairer deal. Such changes might contemplate 
differences in the ratios of population to elected representatives 
between the north and the south, or possibly, the consideration of 
restricting certain seats to Indians. I make no recommendations 
in this regard since the manner in which we elect our political 
representatives and our existing system of proportionate 
representation are beyond my terras of reference. 

My conclusion is that a special independent agency of 
government should be established, free of the need for political 
compromise and aware of the particular needs of the north. Its 
primary role should be to design and negotiate resource-use 
agreements with developers and to involve affected northerners in 
that process. I have called this agency the Northern Development 
Authority. 



Institutional Change 



2-4 



2.1 Recommendation: 

That a Northern Development Authority be established by 
special legislation as an independent agency, reporting to 
the Legislature, through the Minister of Northern Affairs. 

2.2 Recommendation: 

That the Northern Development Authority be empowered to 
negotiate resource-use agreements with developers proposing 
to develop northern resources. 

2.3 Recommendation: 

That resource-use agreements be preconditions to proposed 
resource developments considered to be significant by the 
Northern Development Authority. 

In designing resource-use agreements with developers, I do 
not believe that the Northern Development Authority should be 
restricted in any way in the content and nature of the terras and 
conditions in resource-use agreements it negotiates. Its enabling 
legislation could, however, indicate the matters which might be 
included in a resource-use agreement. 

These matters could relate to such subjects as: the 
employment of local residents; business opportunities for local 
enterprises; training and other programs of assistance enabling 
local residents to take advantage of employment and business 
opportunities; measures to mitigate potential environmental 
consequences; provision of multi-purpose facilities (e.g., roads, 
housing, water supply and sewage systems); and remedial measures 
for dealing with termination of the contemplated resource use. 

Implementation of these recommendations would establish the 
Northern Development Authority, particularly in the eyes of 
resource developers, as judge and jury on whether or not a 
proposed development project goes ahead. I recognize, therefore, 
that there should be ministerial control over the Authority's 
perceived power to impose resource-use agreements. 

2.4 Recommendation: 

That if the Northern Development Authority and a developer 
cannot agree on the terms and conditions of a resource use 
agreement, then the parties may request the Minister of 
Northern Affairs to resolve such conflicts in whatever manner 
the Minister may deem appropriate. 

I believe that the Minister of Northern Affairs in such 
circumstances should have the capacity to impose terras in order to 
overcome differences which may have arisen between the developer 
and the Northern Development Authority. Alternatively, the 
Minister may wish to have such differences independently 
arbitrated. He should have that option. 



Institutional Change 



2-5 



Who should be appointed to serve on the Northern Development 
Authority? How should these people be appointed? As I have 
already indicated, the Authority should bring a northern 
perspective to its tasks. Moreover, it should (if this is ever 
possible) be freed of domination by partisan politics. These 
concerns have shaped the following recommendation. 

2.5 Recommendation: 

That the Northern Development Authority be administered by 
three directors, to be named by the Cabinet with the consent 
of the Legislature, for seven-year terms; that one of the 
directors be selected from a list of candidates proposed by 
muncipalities and towns north of 50; that one director be 
selected from a list of candidates proposed by Indian 
communities in the north; and that one director, who must be 
a resident of Ontario near or north of 50, be selected by 
Cabinet; that one director be appointed as initial managing 
director of the Authority for a two-year term; and that 
subsequently, the three directors be empowered to decide 
amongst themselves who should subsequently serve as managing 
director for a similar term. 

Given its principal function of negotiating resource-use 
agreements, the Authority will, of necessity, require certain 
other powers. 

2.6 Recommendation: 

That the Northern Development Authority be empowered to 
monitor compliance with resource-use agreements and have the 
legal capacity to enforce such agreements. 

It would be useful, in my view, for the Northern Development 
Authority to play other related roles. Once, for example, a 
resource-use agreement has been negotiated, it would be beneficial 
for the rapid implementation of the proposed development for the 
Authority to serve as the single stop or window through which the 
developer could obtain all necessary regulatory approvals and 
licences required for the project. I heard evidence of the delays 
and consequent unneccessary expense experienced by developers 
because of the lack of coordination between the many government 
agencies whose review and consent is required for various aspects 
of a northern resource development. If the Northern Development 
Authority were given the capacity to serve as the single 
regulatory stop, I would expect that it would soon be able to make 
recommendations to the Legislature on how best the various 
regulatory processes might be harmonized. 

It is possible, indeed probable, that resource use agreements 
might contain conditions calling for the employment of northerners 
and the involvement of local enterprises. As a result, it is 
likely that the Northern Development Authority, if created, would 
become aware of the need for particular occupational and business 
training programs, no doubt in consultation with agencies of 
government already so involved. 



Institutional Change 



2-6 



It could also find itself serving as a central information 
source for the many provincial and federal government economic 
development and social programs, grants and other support 
mechanisms which may well be available for certain resource 
development projects. I have found that there is a need for such 
a clearing house and believe that the Authority should have the 
capacity to advise the Minister of Northern Affairs on how best a 
clearing house could function. I deal with this matter further in 
Chapter 9 of this report. 

In addition, the Authority's role in determining the 
benefits from proposed developments which can be derived for 
northern residents and communities, will inevitably bring it into 
contact with whatever planning exercises may then be under way. 
As I shall be indicating later in this report, I believe there is 
a role for plannning at all levels, and particularly at the 
community level. Land use planning, if carried out in full 
recognition of existing uses of resources, particularly those made 
by the Indian people of the north of Ontario, is important and 
probably crucial for orderly development. The Northern 
Development Authority's experience will, I believe, be useful in 
determining planning needs at the community and regional levels. 
Accordingly, the Authority should have the capacity to make 
recommendations to Government on planning matters. 

If environmental assessments are, as I recommend in 
Chapter 3, required for all significant proposed resource 
development undertakings, such assessments may occur in tandem 
with the negotiation of a resource use agreement. If an agreement 
is negotiated to conclusion before the the environmental 
assessment process is complete, it could well be useful for the 
Northern Development Authority to act as a co-proponent for 
purposes of environmental assessment. I believe that the 
involvement of the Authority as a co-proponent could expedite 
environmental assessment and, as well, assist the Northern 
Development Authority in the design of terras and conditions for 
resource-use agreements. 

2.7 Recommendation: 

That the Northern Development Authority be empowered and 
funded to permit it to carry out activities and implement 
programs which are of direct and immediate value to its prin- 
cipal function of determining the appropriate content of 
resource use agreements, as well as negotiating, imple- 
menting, monitoring and enforcing such agreements; that 
among such activities be the coordination of all related 
regulatory approvals, the design and implementation of 
occupational and business training programs, the operation of 
an information centre on government economic development 
programs, and the acting as co-proponent of undertakings 
north of 30 for purposes of assessment under the 
Environmental Assessment Act . 

The resource use agreements I have recommended are not 
dissimilar to the existing forest management agreements between 



Institutional Change 



2-7 



forest product companies and the Ministry of Natural Resources. I 
discuss these in detail in Chapter 5. Forest management 
agreements deal with how the forest resource is used and 
regenerated. I believe these agreements are a positive 
contribution to the betterment of the northern environment. Such 
agreements are also seen by the Ministry of Natural Resources as 
mechanisms through which conflicts between forest products 
companies and other resource users are resolved. 

Forest management agreements designate the areas in which 
resource exploitation is either prohibited entirely or subject to 
strict control. In other words, areas are created in which the 
priority is the maintenance of the natural environment, and not 
the removal of either renewable or non-renewable resources. This 
approach has prompted me to make a number of recommendations in 
this report which call upon the Government to designate, for 
example, forest protection areas and tourism management areas, in 
which the dominant use precludes intensive exploitation involving 
the cutting of wood or other uses harmful to the natural 
environment. 

I have also learned that contracts are being used elsewhere 
for pollution regulation and compliance and to determine the 
conditions of access to resources which are located on lands 
reserved for or allocated to aboriginal populations. 

For example, in the far north of Canada, under the agreement 
known as the COPE Agreement negotiated with the Inuvialuit people, 
"participation agreements" must be negotiated by developers 
desiring access to resources on Inuvialuit land. It is 
contemplated that participation agreements will determine the 
level of compensation payments for access by the developer, as 
well as for any resultant damage to the lands or other resources. 
Other matters contemplated to be covered by participation 
agreements are wildlife impacts and mitigation, targets for 
employment, service and supply contracts, training, equity and 
other types of participatory benefits. 

An agreement recently negotiated between the Lax Kw'alaams 
Band of Fort Simpson, British Columbia, and Dome Petroleum 
Limited provides a model for resource use agreements. This 
agreement attempts to deal with the concerns of the Band for 
safety, social welfare, economic opportunities such as jobs and 
business contracts, environmental impacts, and fish and wildlife 
supply. The agreement arose because of Dome's plans to build a 
liquified natural gas facility near the Band's community. The 
facility requires certain rights of way through the Band's reserve 
for pipe and transmission lines. 

In Queensland, Australia, "infrastructure agreements" are 
required at regional and local levels when large resource 
developments will have substantial impacts and infrastructure 
needs. In Massachusetts, legislation requires that developers 
bargain with local residents on mitigation and compensation 
measures when a proposed project may have substantial 
environmental consequences. 



Institutional Change 



2-8 



Experience elsewhere suggests that a contract-model approach 
would be suitable in Ontario. The negotiation of what I call 
resource-use agreements would be the best way to deal with not 
only any adverse consequences of development, but also to direct 
benefits from resource exploitation to local residents, 
businesses and communities. 

How should such agreements be negotiated? Elsewhere, as we 
have seen, resource use agreements have been legislatively 
required, or negotiated by government agencies, or have arisen as 
part of the costs voluntarily paid by developers to achieve access 
to resources. The need to obtain a resource-use agreement as a 
pre-requisite to development would give affected communities 
considerable bargaining power to counter-balance the usually 
greater economic power of developers. But I have some concern 
that many of the communities in northern Ontario would have 
difficulty negotiating acceptable and workable resource-use 
agreements. There is a considerable level of sophistication, 
education and experience needed to arrive at workable resource-use 
agreements. Presumably, the affected communities could retain 
advisors and negotiators but this would be an ad hoc approach 
which would vary greatly in outcome. My preference as I have 
indicated is for an institutional mechanism to negotiate 
resource-use agreements with developers on behalf of the north, 
its people, communities and the northern environment; it is for 
the Northern Development Authority. 

I will be returning to the Northern Development Authority and 
the resource-use agreement in a number of other recommendations 
that I make in this report. They are key elements to the overall 
approach which I believe this province must take if it is to 
preserve the northern environment. 



Institutional Change 



CHAPTER 3 
PROTECTING THE NORTHERN ENVIRONMENT 

"We have not inherited the eavth from our 
fathers, we are borrowing it from our the 
children." (Chief Thomas Fiddler and James 
Stevens) . 

I think it is fair to say there was no widespread concern 
about environmental issues until after the 1962 publication of 
Rachel Carson's Silent Spring , a passionate warning about the 
dangers posed to water, land, fish, birdlife and, ultimately, the 
safety of humans, as the result of increased use of chemical 
pesticides and fertilizers. 

Carson compelled people to consider a new danger: the 
presence of pollutants as they passed through the food chain, 
decimating species of birds and fish, and threatening the health 
of humans. As remarkable as it may seem to young generations of 
Canadians to whom "pollution", "ecology", and "the environment" 
are everyday words describing a fact of 20th century living, they 
and the concerns they represent were virtually unknown 25 years 
ago. 

By 1955, increasing concern about environmental matters led 
to several legislative initiatives: the Ontario Water Resources 
Commission Act, 1957 , the Air Pollution Control Act of 1958, the 
Environmental Protection Act , 1971, and, in the same year, the 
formation of the first Department (now the Ministry) of the 
Environment. The province, which had taken over responsibility 
for air pollution control from municipalities, also gave the new 
department the task of maintaining a high quality of water and 
land "that will protect human health and the ecosystem" . 

By the mid-70s, a new general consensus was emerging, based 
on a concern for the environmental consequences, not just of 
chemicals but of all aspects of modern life. This was the social 
context within which Ontario's Environmental Assessment Act was 
presented and passed in the spring of 1976. 

I think it is fair to say the Act has made little impact on 
the general public, beyond their vague sense that environmental 
assessment exists. This may be because of its limited use. Yet 
this is unfortunate because the process of the Act involves public 
participation and is valuable in increasing awareness of and 
formulating public policies regarding environmental issues. 

The Environmental Assessment Act was passed in an attempt to 

balance various competing — and sometimes conflicting — 

interests and to consider the many complex issues involved; it is 
worth describing here in some detail. 

The general scheme of the EAA is relatively straightforward: 
first, a decision has to be made on whether the Act applies to a 



Protecting the Northern Environment 



3-2 



proposed project. Unless the undertaking is exempted under 
Section 30 (Exemption Order) or Section 41 (Exemption Regulation), 
all projects in Ontario fall under its scrutiny. However, only 
those private projects specifically designated come under the Act. 
In other words: public projects are subject to the Act unless 
exempt, private projects are exempt unless designated. 

Criteria for exemptions under the Act are that they be "in 
the public interest ^ having regard to the purpose of the Aot, and 
weigh that against injury or damage that might be caused to a 
person or a property by applying the Act." 

THE PROPONENT 

There is a considerable body of evidence to conclude that 
this separation between private and public projects is artificial 
and defeats the intentions of the Act. First, however, let us 
deal with the question of how a company, government ministry, 
group or individual is designated as "proponent"; that is, as the 
entity responsible for the project. This determination, 
apparently straightforward, has far-reaching practical 
consequences. 

For example, the Act provides that some ministries and entire 
categories of projects may be exempted from its provisions; as a 
result, a public undertaking involving several ministries can be 
delayed considerably by internal debate amongst them on which 
should be the proponent. Because of the blanket exemption of many 
ministries (e.g., the Ministries of Revenue, Labour, Education) 
from the Act's provisions, choosing one of those as proponent 
effectively assures that there will be no environmental assessment 
of the proposal. 

The existing distinction under the Environmental Assessment 
Act between public and private undertakings has resulted in an 
even more serious problem with respect to Crown lands, especially 
those in the north. An undertaking on Crown-owned land, funded 
for direct and indirect costs by the Government, could depend 
heavily on several ministries for various types of approval, 
funding and other participation, and still be held to be a private 
project not subject to the Environmental Assessment Act . This was 
the subject of quite understandable criticism at hearings of the 
Commission. At the April, 1983, hearing in Thunder Bay, M.B. 
Jackson from the Ministry of the Environment, said there was 
"no regular process" for identifying a proponent. 

Furthermore, I became aware that delays are caused by 
problems in identifying which group, company or ministry is held 
to be the proponent. The Commission undertook a case study of the 
application of the Act involving a proposed road accessing a major 
gold mine at Detour Lake, and found that there had been delays for 
exactly that reason. As our case study explained, "A'o one 
wanted to take on the responsibility"; finally, late in the 
history of the project, the Ministry of Transportation and 
Communications was determined to be the proponent. 



Protecting the Northern Environment 



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Clearly, any decision on naming a proponent must receive 
early attention in order to minimize delay and create an efficient 
context in which environmental assessment can take place. 

The Town of Iroquois Falls in its appearance at a Commission 
hearing in December, 1982, made some useful suggestions. The town 
proposed that the Act be revised to give the Ministry of the 
Environment the power to designate the proponent. Alternately, 
the Minister of the Environment should introduce a procedure which 
would require possible proponents to agree on who would be the 
proponent for a given project within a specified time period. 
Failing agreement, the Minister would decide. 

I find both these approaches to be appropriate reforms to 
the environmental assessment process. 

3.1 Recommendation: 

That for purposes of environmental assessment under the 
Environmental Assessment Act of undertakings on Crown land, 
the Government of Ontario, through the ■inistry or ministries 
most involved in the management or regulation of the resource 
or activity concerned, be the proponent or co-proponent of 
such undertakings; and that the Northern Development 
Authority be a co-proponent for all undertakings north of 50 
for which a resource use agreement has been negotiated. 

3.2 Recommendation: 

That the Government of Ontario develop and introduce 
procedures for identifying proponents at the earliest 
possible stage of the environmental assessment process under 
the Environmental Assessment Act . 

3.3 Recomendation: 

That the Minister of the Environment be empowered to 
designate proponents for undertakings subject to the 
Environmental Assessment Act . 

PRE-SUBMISSION CONSULTATION 

Once it has been decided that the assessment provisions of 
the Act apply, the proponent must have an environmental assessment 
prepared which meets guidelines of the Ministry of the 
Environment. Upon submission of such an assessment, the Ministry 
is obliged to coordinate a review of the assessment. 

An informal consultation to help ensure that the assessment 
will be acceptable usually takes place before the proponent 
submits its environmental assessment to the Ministry. Such 
pre-submission consultations are viewed very positively by the 
Ministry. Proponents, interested government agencies and other 
parties affected by the proposed undertaking are strongly advised 
to participate, though there is no legal obligation to do so. 



Protecting the Northern Environment 



3-4 



The Ministry should be commended for its efforts to involve 
the public through its Guidelines for Pre-submission Consultation , 
September, 1981. In its submission in Thunder Bay on April, 1983, 
the Ministry assured the Commission that cooperation from 
proponents has been "very good" and "very cooperative". However, 
despite the benefits of consultation presented in the guidelines, 
a proponent may also perceive early consultation as strengthening 
any opposition to its undertaking. 

An obvious weakness in the present process, however, is that 
it relies upon the voluntary cooperation of the proponent to 
initiate the pre-submission consultation. 

In his presentation of July, 1982, the-then Minister of the 
Environment, the Hon. Keith Norton, told me he supported the idea 
of instituting a formal pre-submission process to "effectively 
minimize the delay and oonfliet which might ohavacterize 
environmental assessment procedures otherwise ^ and remove much of 
the uncertainty that concerns most proponents" . 

A preliminary consultation process initiated and, to a great 
degree, controlled by the proponent, that is discretionary 
and that has no legal status, does not — in ray opinion — 
appropriately answer concerns about the initial presentation of a 
project. 

3.4 Recommendation: 

That the Environmental Assessment Act be amended to require 
pre-submission consultation by the proponent, government 
and Interested parties; that procedures for pre-submission 
consultation continue to be established through the publi- 
cation of guidelines by the Ministry of Environment. 

3.5 Recommendation: 

That the Environmental Assessment Act and Section 5(3) there- 
of be amended to require that the environmental assessment 
document also contain a description of pre-submission 
consultation which Indicates who was Involved and what 
matters were discussed. 

The Northern Development Authority, as it is conceived, would 
be part of the pre-submission process. Given its proposed 
functions, the Authority would act, not only as an early warning 
system for determining the effects proposed undertakings might 
have on a highly sensitive environment, but also as a method of 
bringing the interested parties together. They would meet with 
the Authority to define the possible effects, including 
socio-economic ones, of the undertaking within a structure 
designed to resolve differences and to lead to amelioration of 
those effects. 

There are further questions regarding the current approach 
taken to environmental assessment, especially in the matter of the 
proponents' assessments which all too often fail to incorporate 
necessary ecological values. According to many criticisms made in 



Protecting the Northern Environment 



3-5 



testimony to the Commission, there is a need to use more sensitive 
and accurate indicators of potential bio-physical impact on the 
environment. 

ECOLOGICAL FACTORS 

The Ontario Chapter of the Canadian Society of Environmental 
Biologists presented to the Commission in its submission of 
January, 1983, an "ecosystem" approach containing six elements: 

1) A peer review committee, established at the outset of each 
environmental assessment, to advise on the technical aspects 
of data collection and analysis. 

2) Identification of important attributes of the environmental 
assessment process at an early stage. 

3) Definition of the physical boundaries and time frame of the 
proposal. 

4) A method of studying the basic, identified ecological 
relationships. 

5) A prediction of the various kinds of environmental impact 
likely to result from a project. 

6) A major commitment to monitoring a project both before and 
after it has been developed. 

The Conservation Council of Ontario, in its presentation of 
November, 1982, discussed "ecodevelopment" , an approach more or 
less based on the same six principles. The Council summarized 
these recommendations as the "application of the broader 
considerations ... pertaining to: the articulation of the purpose 
of development; the qualities to be sought and maintained in our 
developmental environments and the characteristics to be 
minimized; the definition of the study area; citizen 
participation; and the provision and quality of information" . 

Detailed scientific examination of these concepts, supported 
by case studies evaluating their effectiveness and their effect on 
the present process, are necessary for in-depth evaluation of 
these precepts. Nonetheless, the potential for improving input 
into the current process by using a unified and policy-oriented 
approach seems obvious. 

3.6 Recommendation: 

That the Government of Ontario develop specific and 
quantifiable ecological factors for use In the assessment 
process under the the Environmental Assessment Act. 

Having examined some current problems and possible solutions, 
let's now return to the rest of the process as it exists under the 
Environment Assessment Act . First, it's important to keep in mind 
that it involves two decisions: whether to accept or to amend and 
then accept (but not reject) the environmental assessment document 



Protecting the Northern Environment 



3-6 



and second, to approve, approve subject to terras and conditions or 
not approve the proposal itself. 

The Ministry circulates the environmental assessment document 
to other ministries which might be concerned: for example, to the 
Ministry of Transportation and Communications if the project 
involves roads, to Natural Resources if a mine is being 
considered, to Citizenship and Culture if the area may contain 
archeological sites, and so on. 

One of the greatest areas of delay apparent in the present 
review system is the co-ordination of the review process. The 
period after the reviews are received from various ministries can 
be lengthy. (A sensitive process of behind-the-scenes political 
compromise can take up to a year before the review is released.) 
This process has been impolitely described as "laundering" the 
review; others see it as a necessary negotiation period to satisfy 
the government agencies involved in the process. In any event, it 
is clear that there is not only delay but a tendency to narrow the 
issues before public review takes place. 

Both the assessment and the "laundered" ministerial review 
are open to public inspection. Section 31(1) of the Act requires 
the Minister to maintain a public record which includes: the 
environmental assessment document prepared by the proponent; the 
Government review of the assessment; submissions by other 
interested parties; decisions; and various orders and notices 
under the Act. Public notice is given that, within 30 days, 
anyone may inspect the documents and make written submissions 
about them to the Minister. Those who make written submissions 
may also require — subject to ministerial approval — a hearing 
by the Environmental Assessment Board, which is established by the 
Act. 

Once an assessment has been accepted, or amended and 
accepted, there is published notification of the acceptance which 
allows 15 days for interested parties to request a hearing about 
the undertaking before the Environmental Assessment Board. Though 
the Minister may refuse to hold such a hearing, generally 
permission is granted and, as a result, most major decisions are 
made by the Environmental Assessment Board after a hearing. 

If a hearing is not requested or if the Minister chooses not 
to hold one, he or she must decide — subject to Cabinet 
approval — whether to approve the proposed project, approve it 
subject to conditions, or not approve it. If a hearing is held, 
both decisions (whether or not to accept the assessment and 
whether or not to approve the project) are made by the 
Environmental Assessment Board. There is, however, an overriding 
ministerial power (requiring Cabinet approval) to alter the 
Board's decision within 28 days. 

STANDING 

I am concerned about the description of parties entitled to 
appear before the Environmental Assessment Board. According to 
Section 12(4) of the Act, these include the proponent, persons who 



Protecting the Northern Environment 



3-7 



require a hearing and any other person the Board determines. 
According to Section 18(16) of the Act, the Ministry of the 
Environment has the power to take part in proceedings before the 
Board. The Act is silent on the limitations, if any, that the 
Board could place on those who ask for standing but are not listed 
in the legislation. While 1 support the retention of such 
discretion, guidelines or criteria should be developed to assist 
the Board in determining which parties should have standing. 
Furthermore, listing the criteria would be a further step in 
clarifying and opening up the entire assessment process. Criteria 
could include: any person or group wishing to present any 
perspective, viewpoint or interests not represented by other 
parties; any person or group with a previously demonstrated 
interest in the matter before the Board; or any person or group 
able to contribute to the Board's understanding of the proposed 
undertaking. 

Because of the unique relationship that northerners, 
particularly in native communities, have in relation to their 
environment, they should have ready access to the deliberations of 
the Board, particularly with respect to undertakings in their 
region. It is obvious no project which might affect a native 
community should proceed without native representation before the 
Board, if it is requested. 

3.7 Recommendation: 

That the Environmental Assessment Board develop guidelines to 
assist its determination of who has standing before the 
Board; and that such guidelines provide that standing shall 
be granted to any native community which may be concerned 
about any effects of an undertaking. 

PUBLIC RECORD 

The Environmental Assessment Board is to be commended for its 
liberal interpretation of standing for public participants with an 
interest in the matters before it. However, if any such hearings, 
or the process as a whole, is to have real meaning, all parties 
involved in it need equal access to information in order to 
guarantee all are treated as equals. But there is an even more 
vital reason: public acceptance of the process of environmental 
assessment, as distinct from acceptance of individual projects, is 
essential. 

It was made clear to the Commission that Section 31(1) is 
insufficient for this purpose. Background studies and reports are 
crucially important in making reasonable decisions; while 1 
recognize some internal corporate documents are confidential of 
necessity, all consultants' reports, studies and background 
materials on which a decision may be based should be part of the 
public record. This includes studies which the Government uses as 
part of its review. 



Protecting the Northern Environment 



3-8 



3.8 Recommendation: 

That the public record maintained by the Ministry of the 
Environment for undertakings subject to environmental 
assessment Include any report or study relied on by the 
proponent or by any Government agency reviewing the 
environmental assessment. 

At present, there is no statutory requirement regarding the 
precise location of the public record. Section 31(1) requires 
that the Minister "shall cause to h>i ^Tuintained a vecord.. .". 
The Ministry, however, has provided an informal procedure of 
making the public record available at local depositories. 

As was pointed out to us repeatedly, communication between 
proponents, the Ministry and the local residents is, on occasion, 
difficult. Given the unique situation in the north, the distance 
between communities and the lack of communication facilities, it 
is vital that all nearby communities which could be affected by a 
proposal north of 50 have access to the public record. That would 
include municipal offices in communities north of 50 as well as 
all native communities, through their respective band offices. 

3.9 Recommendation: 

That copies of the public record be maintained by the 
Ministry of the Environment for proposed undertakings north 
of 50 at the Northern Development Authority and at affected 
northern communities in Band offices. 

PUBLIC NOTICE 

At present, no public notice is required by the Environmental 
Assessment Act until after the proponent has formally submitted 
its assessment and the Ministry of the Environment has completed 
reviewing it. The Commission became aware of considerable dissat- 
isfaction with the lateness of such public notice, particularly 
for projects with significant environmental effects. A typical 
comment was that of the Canadian Environmental Law Research 
Foundation which, in its November, 1982, submission to me, said a 
project which has been discussed and reviewed in relative secrecy 
for several months can be perceived as having been agreed on 
before public notice was given, and that major decisions have been 
made behind closed doors without input from interested parties. 

Clearly, the answer is earlier and more comprehensive public 
notice. There is no particular reason to believe that such notice 
would lead to increased delay, and timing should be included in 
the proponent's existing project timetable, if such timetables 
exist. Despite industry's occasional protests claiming increased 
delay and expense, it is clear that any additional administrative 
and advertising costs resulting from proper public notice would be 
offset by Improved input at the early stages. 

Moreover, by alleviating public concern, earlier public input 
could reduce the time needed for the full environmental 
assessment. In fact, with the further consultation of all 



Protecting the Northern Environment 



3-9 



parties, such notice could eliminate any need for an expensive and 
time-consuming hearing process. Finally, of course, it must be 
noted that the need for an essentially just and sensible process 
can never be discarded on the grounds of short-term necessity. 

Clearly, there is room for improvement in the Act. The 
Commission's two case studies. The Road to Detour Lake and The 
Onakawana Project , provided considerable detail that there would 
have been a considerable benefit if outside parties had been given 
the opportunity for earlier input. (The Detour Lake Road was 
finally ruled not subject to environmental assessment, while the 
Onakawana project did not proceed.) 



3.10 Recommendation: 

That for every undertaking subject to the Environmental 
Assessment Act , the Ministry of the Environment prepare a 
concise summary or screening document that describes the 
proposed undertaking, sets out the schedule contemplated for 
its completion, identifies a proponent of the undertaking, 
provides a preliminary evaluation of potential environmental 
effects and contains a copy of any guidelines for preparing 
the environmental assessment document issued by the Ministry. 

3.11 Recommendation: 

That the public have access to any record maintained by the 
Minister of Environment under the Environmental Assessment 
Act %ri.th respect to a proposed undertaking from the time the 
screening document Is released. 

3.12 Recommendation: 

That the requirements for public notice under the 
Environmental Assessment Act be expanded to provide for 
earlier and more extensive dissemination of information to 
the public about proposed undertakings by: 

(a) immediate and widespread public notice and 
dissemination of the screening document by the 
Ministry of the Environment when all information 
required for the document is available; 

(b) similar public notice by the Ministry of the 
receipt of the completion of an environmental 
assessment document indicating how interested 
persons may have access to the document and how 
submissions commenting on the document may be made 
in order to be included in the Government's review 
of the environmental assessment document.; and 

(c) similar public notice by the Ministry of completion 
of the Government's review of the environmental 
assessment document, including how interested 
persons may request a hearing. 



Protecting the Northern Environment 



3-10 



3.13 Recommendation: 

That wide-spread public notice by advertisement and mailing 
be given of any decision to hold a hearing by the 
Environmental Assessment Board; that such notice not be 
restricted to notification of previously identified persons; 
and that a minimum of 60 days notice be given of any hearing 
involving an undertaking north of 50. 

3.14 Recommendation: 

That public notice under the Environmental Assessment Act 
involving undertakings that either the Ministry of the 
Environment or the Northern Development Authority consider to 
be of interest to northern communities be made in the 
appropriate native language and provided to potentially 
Interested local governments. Band Councils and northern 
residents; and that all such notices indicate what further 
notices, if any, will be given. 

A publication which 1 found to be very useful is "EA Update" 
- it is widely circulated on a regular basis by the Ministry of 
the Environment and contains information on the status of environ- 
mental assessments and details of any changes in law, regulations, 
guidelines, procedures or policies affecting assessments under the 
Environmental Assessment Act . "EA Update", should, however, be 
expanded and disseminated as follows: 

3.15 Recommendation: 

That the Ministry of the Environment's publication, "EA 
Update", include all requirements for public notice, both in 
general and with respect to particular assessments; and that 
"EA Update" be distributed in a timely manner to all northern 
communities. 

One purpose of earlier notice is to encourage earlier public 
response and identification of public concerns. Proponents should 
be asked to include details of any public response or consultation 
which may have occurred during the design of the undertaking and 
the preparation of the environmental assessment in the assessment 
document. 

3.16 Itecommendation: 

That the Environmental Assessment Act be amended to specify 
that the environmental assessment document contains a full 
report on all public response or consultation in which the 
proponent was involved while planning and designing the 
undertaking and preparing the assessment. 

A cause for concern involves what is described under the 
Guidelines for the Preparation of Environmental Assessments , 
as class environmental assessment. It was designed to cover 
groups of projects which are "relatively small in scale y peour 
frequently y and have a generally predictable range of effects ... 
likely to cause relatively minor effects in most cases." 



Protecting the Northern Environment 



3-11 



The Ministry of the Environment and others contend that, in 
the words of David Redgrave, Assistant Deputy Minister of the 
Ministry of the Environment, at the Thunder Bay hearing in April 
of 1983, class assessments have "streamlined the process and 
enabled proponents to incorporate the principles of the Act into 
their planning and program delivery systems in an effective and 
efficient manner." Certainly, class assessments can serve two 
purposes: first, to provide basic environmental evaluation of 
projects and activities having similar environmental effects too 
small to warrant full-scale assessment and, second, to identify 
the most important environmental concerns of individual projects 
within the assessed class. The second of these implies a 
two-stage assessment process in which specific projects might be 
"bumped up" to be considered individually after a class assessment 
is completed. 

The question in my mind is whether there really is a category 
of projects which can be described as "likely to cause minor 
effects in most cases". According to testimony before the 
Commission, even relatively small undertakings can have 
significant and long-lasting effects on the environment and social 
structure of the north. Moreover, the cumulative effect of 
relatively small projects can be substantial for the fragile 
environment north of 50. For example, a reserve which has long 
been isolated from other communities through lack of road access, 
may be substantially affected by even a short access road near the 
reserve. In the same way, individual decisions about access to 
lakes, or for access roads for forest fires and campgrounds, may 
seemingly have little individual effect on the environment but the 
cumulative impact of such decisions could irreversibly change the 
environment of the north. 

In addition, there are two grounds for concern about the 
possible misuse of class assessment: first, that it can be 
applied to major activities of the same class or kind that 
actually have substantially different environmental effects, 
without the safeguard of adequate "bump-up" provisions. The most 
important instances involve the Ministry of Natural Resources as 
proponent, in keeping with the Ministry's Draft Class 
Environmental Assessment for Forest Management . 

Commenting on an early draft of that document, the Ministry 
of the Environment pointed out that "The (draft) states ... 
there is 'considerable variation of construction standards of 
Forest Access Roads in terms of road right-of-way , slope, 
geometries, grade and surface requirements ...', Such a statement 
does not appear consistent with the concept of class environmental 
assessments" . The comment was made by V.W. Rudik, Assistant 
Director of the Environmental Approvals Branch of the Ministry of 
the Environment in a letter to the Land Use Coordination Branch of 
the Ministry of Natural Resources, dated February 27, 1981. 

The Ministry also said that, "Access roads are considered 
a significant component of the forest management activity. Not 
only do they have the potential for significant environmental 
effects from the construction activity but they also carry with 



Protecting the Northern Environment 



3-12 



them major implications with respect to access to previously 
inaccessible areas." 

In addition to concern about the actual environmental impact 
of certain classes of projects, there is a second concern that too 
many temporary exemptions are granted while class assessments are 
being prepared. Many exemptions have been in effect for several 
years or have lapsed, despite which activities within the class 
continue. Class assessment must not be used to postpone 
assessment indefinitely. Furthermore, confusion results when 
relatively small-scale projects (the Smooth Rock Falls Municipal 
Landfill Site, for example) are subject to the full process under 
the Environmental Assessment Act , while the status of potentially 
large-scale undertakings remains uncertain. 

3.17 Recommendation: 

That all class assessments under the Environmental Assessment 
Act effecting areas north of 50 contain a "bump-up" provision 
to ensure that environmentally significant undertakings 
within the class are subject to individual assessment. 

3.18 Recommendation: 

That each "bump-up" provision In a class assessment under the 
Environmental Assessment Act indicate the circumstances in 
which the "bump-up" is to occur - e.g., by request of 
affected persons, by identification of resource-use 
conflicts, and by criteria such as unique ecological factors 
which call for individual assessment. 

FUNDING 

Having described the Environmental Assessment Act and the 
process of environmental assessment, it is appropriate now to 
comment on some of the issues that the process involves, beginning 
with the matter of funding. 

The promise of public participation in the environmental 
process is empty unless it is backed with a fair, clear-cut 
funding system. My views on this have been influenced to some 
extent by the process of this Commission, as mandated by Order-in- 
Council, and I would like to make certain observations which 
result from that experience. 

First, all government ministries and agencies which operate 
north of 50 have found it necessary to provide extraordinary 
services in order to communicate effectively with the people 
there. While direct funding to the representatives of specific 
interest groups may not be the rule, indirect subsidies in the 
form of transportation, communications and support services (e.g., 
office, clerical staff) have become recognized as necessary, given 
the unique physical and social characteristics of the north. 

Lack of funding, direct or indirect, means virtual exclusion 
of northerners from the decision-making process. At the 
Commission itself, there was little doubt that failure to fund 



Protecting the Northern Environment 



3-13 



travel, research and writing of submissions would have resulted in 
levels of information and public participation than were less than 
needed to study relevant issues fully. 

The lack of established criteria for funding has not created 
insurmountable barriers to public access. In many instances, the 
absence of criteria on which to base funding decisions has been as 
successful as established criteria, because of a level of reason- 
ableness and representativeness on the part of all concerned. 
Nonetheless, specific criteria do provide important guidelines for 
such decisions and lessen the chances of employing an ad hoc 
approach that is justifiably open to criticism. 

There was widespread support for public funding in 
presentations made to this Commission and in the recommendations 
of other bodies. For example, a review of recommendations shows 
that, among others, the Ontario Royal Commission on Electric Power 
Planning, the Lancaster Sound Assessment Panel, the Canadian 
Environmental Advisory Council, the Economic Council of Canada and 
the Law Reform Commission of Canada have all given clear-cut 
support to public funding of public participation. 

Their views were summarized for us in November, 1982, by the 
Canadian Environmental Law Research Foundation. So too were 
underlying rationales: the need to reduce the differing levels of 
power which exist between companies, organizations and governments 
on one side of a project and people and associations on the other; 
the existence of conflicting interests; the need to enhance 
the cost-effectiveness of the assessment process; the need to 
ensure fairness. 

Funding, either by the proponent or Government, must be made 
available to ensure that interveners produce useful and effective 
material for consideration. I recognize that this may be 
considered costly, especially in times of restraint, but the 
public good and the long-term harm which results from inadequate 
planning and lack, of public participation far outweigh this 
consideration. That is especially true in the north, with its 
particular problems of transportation and communication, its 
limited financial resources and where sources of information and 
technical expertise are rarely available locally. 

In the same way that the Royal Commission on the Northern 
Environment could not have gathered information from 
representative sources across the north without offering funding, 
it is impossible to conceive of a genuine environmental assessment 
process operating without appropriate funding of those potentially 
affected by a proposal. Clearly, it is needed, particularly for 
participants who appear before the Environmental Assessment 
Board. 

Criteria are needed, I believe, to assist in the distribution 
and use of granted monies. It is not enough to say that all costs 
directly related to public participation should be covered. 
Instead, money should be made available for approved uses, 
including such direct costs as those required to make written 
submissions on the environmental assessment document itself. 



Protecting the Northern Environment 



3-14 



expert assistance with such submissions or at Board hearings, 
research, expert witnesses, legal costs, transportation and 
communications. 

In its submission, the Town of Iroquois Falls said, "A 
substantial amount of money is needed for vesearoh in order to 
prepare a submission before the hearing and to cover the costs for 
the hearing(s) itself. Most interest groups, individuals and/or 
municipalities are financially unable to prepare for a hearing( s) . 
Interested parties may have no option but to back out of the 
proceedings if more than one hearing is necesssary , as is often 
the case." 

The Commission's criteria, set out in Schedule B of 
Order-in-Council 1900/77, can be recommended as generally suitable 
in determining which groups seeking financial aid should receive 
it. To avoid perceived conflicts of interest or bias, it is 
necessary to administer funds through an independent body. The 
Commission itself experimented with both "arms-length" and 
internal funding committees. There was little difficulty with the 
latter, but I have concluded, that a separate committee or agency 
is nonetheless preferable, particularly for decentralized, local 
decision-making, in order to avoid any possible or perceived 
bias. 

The key question, of course, is: who should pay the costs of 
public participation? A special levy on proponents of development 
projects north of 50, based on a percentage of the projected 
capital costs, would be feasible, initially on an experimental 
basis, if the undertaking had the capacity to bear the expense. 
If it could not and the undertaking involved the public interest, 
the Government could contribute some portion or all of the levy. 
In the case of a public undertaking (i.e., one in which a 
municipality was the proponent) it would also be required to 
contribute a part of the funds, if necessary. The Northern 
Development Authority may become an additional funding source for 
public participation. 

Awarding costs only after a hearing is not effective, since 
it means interested parties would be required to play funding 
roulette: to face the costs of researching and organizing a brief 
or submission without knowing whether funds were going to be 
available. No one who needs public monies can afford to take this 
kind of risk. 

3.19 Recommendation: 

That north of 50, funding for public participation in the 
environmental assessment process be mandatory under the 
Environmental Assessment Act ; and that a special fund be 
established on an experimental basis to fund participants in 
the environmental assessment process to which proponents and 
government ministries or agencies contribute, as may be 
required by the Minister of the Environment. 



Protecting the Northern Environment 



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3.20 Reconunendation: 

That funding for public participation in the environmental 
assessment process be provided to groups or individuals with 
a relevant interest in the matter, to the extent that 
financial assistance is needed to ensure adequate partici- 
pation and the presentation of all relevant views. 

3.21 Recommendation: 

That the public participation fund be administered by an 
"arms-length" body (see Recommendation 3.24). 

3.22 Recommendation: 

That, with the assistance of interested persons, criteria be 
developed to guide decisions on allocating funds to persons 
for participation in the environmental assessment process 
under the Environmental Assessment Act ; that these criteria 
give special consideration to the needs of northern residents 
and to others with needs arising from the nature of their 
Interests or their place of residence; and that these 
criteria also establish appropriate requirements for accoun- 
ting by recipients of funds received for participation. 

3.23 Recommendation: 

That, a list of approved uses for funding of participation in 
the environmental assessment process be developed by an 
"arms-length" body and include funding for written submis- 
sions on the environmental assessment document, expert 
assistance in preparing submissions, research, expert 
witnesses, legal counsel, translation and communications. 



ENVIRONMENTAL ASSESSMENT ADVISORY COMMITTEE 

I see the Environmental Assessment Advisory Committee as 
playing an important role in the environmental assessment process. 
It is comprised of three members appointed by the Minister of the 
Environment and is responsible for giving advice on a variety of 
matters, including exemptions from the Act and the designations of 
undertakings for assessment. The recent establishment of the 
Committee is a positive step in the evolution of the Environmental 
Assessment Act and its procedures. As an advisory body, it can 
serve as a conduit for public participation in the discretionary 
decisions required under the Act. 

The Committee's present terms of reference are narrowly 
defined. It is directed to provide advice to the Government, 
through the Minister of the Environment, on requests for 
exemptions from the provisions of the Act, and to recommend 
whether an undertaking should be subject to the Act. The 
Committee is also expected to comment and advise on the reasons 
given by those making proposals and requesting exemptions, 
particularly when the project has implications related to public 



Protecting the Novtherm Environment 



3-16 



health and safety, economic necessity, and has significant 
environmental effects. 

No other powers are granted to the Committee which, 
according to agreed-upon procedures, is only informed of selected 
requests for exemption and designation. It is directed by letter 
from the Minister to advise on particular undertakings or it may, 
on its own initiative, consider a proposed undertaking. Only a 
few projects (15 to date) have resulted in a Committee report and 
recommendation. 

Submissions received by the Commission were virtually unani- 
mous in calling for an open environmental assessment screening 
process. It is a matter of necessity to decide early on under the 
Environmental Assessment Act which projects could have a 
significant impact on the environment and which will not. There 
is usually considerable public interest in projects which clearly 
will have significant effects and the Government correctly 
recognized that such an advisory group can play an important role 
in this process. 

However, it is necessary to go further than the Committee's 
current role in weighing the facts presented as part of each 
request for exemption or designation and in encouraging public 
input into the resultant recommentations. It should be authorized 
to review all exemption and designation requests received by the 
Minister. If it so chooses, it should be able to set guidelines 
or a "threshold" for undertakings not requiring individual 
review. 

The Environmental Assessment Advisory Committee would also be 
a suitable "arms-length" body to deal with other important 
unresolved or entirely discretionary matters in the environmental 
assessment process. I am well aware of the implications of such 
recommendations on the existing resources of the Committee but 
independent consideration of important environmental matters 
would, in the end, be cost-effective in avoiding existing 
expensive, time-consuming conflicts in the environmental 
assessment process. 

Finally, I am much encouraged by the Committee's present 
procedures, particularly with the emphasis on timely consideration 
of undertakings referred to it and with the openness of its review 
process — including public access to its report to the Minister 
after a decision is made. Its continued credibility depends on 
maintaining the open and fair procedures already noted. 

3.24 Recommendation: 

That the Environmental Assessment Advisory Committee be 
directed by the Minister of the Environment to advise, 
following a thorough investigation involving full public 
participation, on the following matters: 

(1) all exemption and designation requests received by the 
Minister; 



Protecting the Northern Environment 



3-17 



(2) the Guidelines for Pre-Submlsslon Consultation and 
the pre-submission consultation process; 

(3) class assessment procedures, including "bump-up" 
provisions; 

(4) procedures for early determination of the proponent; 

(5) criteria for funding public participation in the 
environmental assessment process (including the 
selection of applicants for funding) and accountability 
for the use of the funds; and 

(6) procedures for resolving interprovincial and federal/ 
provincial conflicts. 

3.25 Recommendation: 

That the Environmental Assessment Advisory Committee 
administer the public participation fund as called for in 
Recommendation 3.19 and 3.21 and decide on applications for 
funding. 

3.26 Recommendation: 

That the Committee annually review and report on its 
activities and the state of environmental assessment in 
Ontario to the Legislature, through the Minister of 
Environment. 

PRIVATE SECTOR APPLICATION 

I come now to the application of the Environmental Assessment 
Act to private-sector projects, the second part of the two-tier 
system, under which such projects are exempt unless designated. 
It is worth noting at this point that, of the four private 
undertakings that have been so designated, two were for the area 
north of 50 — a fact which may underline the vulnerability of the 
northern ecology. 

The first private-sector designation, of central importance 
to the Commission, was that of Reed Ltd.'s activities. Others 
include the proposed development of a lignite deposit by Onakawana 
Development Ltd., a hydro-electric dam on the Spanish River and a 
sewage project on Fighting Island. 

I also note that three of these designated undertakings date 
back to 1977/78, illustrating the lack of application of the Act 
to private undertakings in recent years. This is especially 
worrisome in view of the Ministy of the Environment's concern, as 
stated in its November, 1977, submission to the Commission, that 
"The northern environment is still a frontier in many ways. 
Predicted effects of developments in the south cannot be readily 
translated to the north and in many areas the impacts of various 
developments are not fully understood," 



Protecting the Northern Environment 



3-18 



Although some representatives of government and industry 
disagreed, there was widespread support in submissions to the 
Commission for applying the Environmental Assessment Act to the 
private sector. I repeatedly heard comments like those made in 
February, 1983, by the Algonquin Wildlands League that "the 
goals of environmental protection and open decision-making provide 
no reason for distinguishing between public and private ventures." 
Others pointed out that such a distinction is environmentally 
irrelevant; that the private sector should now be well acquainted 
with the Act, either because it was familiar with the process in 
Ontario or because of direct experience in other jurisdictions. 
Indeed, as indicated in the case of Onakawana Development Ltd., 
private proponents sometimes actually welcome the opportunity to 
alleviate public concern through the environmental assessment 
process, and this company so elected at the outset. 

The Government of Ontario now has considerable experience in 
using the Act to assess the environmental consequences of 
public-sector undertakings. Applications of the Act to the 
private sector is long overdue and the Government has been remiss 
in not working actively toward the day when the Environmental 
Assessment Act will apply to all undertakings. 

The Act has great importance as a planning tool in collecting 
and analysing data about the potential environmental consequences 
of an undertaking. Given the sensitive nature of the northern 
environment, the destruction already suffered in the environment, 
and the socio-economic dislocation that has already occurred and 
will continue to occur unless the consequences of development are 
analysed beforehand, it is imperative that the Environmental 
Assessment Act be supported by the Government in general, 
particularly by the Ministry of the Environment, which administers 
it north of 50. Many of the submissions to the Commission warned 
that there is a trend towards "weakening" or "diluting" the Act; 
clearly, any such tendency must not be permitted. 

The Commission received numerous submissions about the 
Environmental Assessment Act and hundreds of specific suggestions 
about how to improve the process under the Act and the Act itself. 
As will become clear, these proved helpful in formulating my own 
recommendations; however, in order to provide a framework for 
those recommendations, it is necessary to focus on the three broad 
areas of concern suggested by the evidence. 

First, there is perceived resistance to the Act by Government 
itself: ministries were seen as reluctant partners in the 
application of the process; in the words of the submission by the 
Canadian Environmental Law Research Foundation, November, 1982, 
"The source of this resistance is that many government officials 
see the EAA as causing delay, being burdensome and unnecessary. 
However y the evidence doesn't support these views. When projects 
have been delayed, it has usually been because they were not 
feasible or advisable in the first place. The road to development 
is littered with such white elephants as the South Cayuga Waste 
Disposal facility, the Maple Land Fill site, the Darlington 
Nuclear Generating Station, the Reed Tract, the Inco Spanish River 
Dam, and the West Montrose Dam. All of these projects have died 



Protecting the Northern Environment 



3-19 



or languished not because of the environmental assessment process, 
but because of problems which were or could have been revealed 
through the EA process." 

Examples within the Commission's own experience bear this 
out: our studies of the road to Detour Lake and the proposed 
Onakawana project; the evidence presented at hearings by MOE and 
MNR concerning the Land Use Guidelines; the class assessment on 
forest management. All pointed to a buffetted, weakened Ministry 
of the Environment and a lack of commitment in giving maximum 
support to the Environmental Assessment Act . 

Second, because of the Government's wide discretion to 
exempt, or its failure to designate, projects that clearly have a 
significant environmental impact, decisions appear to reflect 
political expediency rather than environmental consequences; nor 
are these decisions the result of appropriate public discussion 
and input. 

According to the Ministry of the Environment, there is a lack 
of guidelines for designating private-sector projects for 
assessment. At the Thunder Bay hearing in April, 1983, Paul 
Rennick, Director, Environmental Assessment Branch, Ministry of 
the Environment, explained that the Act provides for a 
"grandfathering" period to "try and make the Act and the 
processes more efficient and effective and use the Government, if 
you like, as a trial ... (before the) process ... was extended to 
private industry." The use of the specific, legislated process 
embodied in the Environmental Assessment Act would be preferable 
to the discretionary, ad hoc process that has failed to meet 
public concerns regarding many private projects. 

Third, opponents of the Act, particularly industry and 
municipal representatives, perceive that the Act leads to 
unnecessary and unacceptable delay, duplication of effort and 
expense. This was presented at hearings only as opinion, 
unsupported by any factual evidence. Few of those who made the 
allegation had had any real experience with the Act or the 
processes under it. The view of the Environmental Assessment Act 
as simply another bureaucracy-inspired approvals scheme, rather 
than as part of an overall planning process, came from a common 
misunderstanding amongst certain persons and groups making 
submissions. I agree that duplication in ministry programs as 
they relate to Ontario north of 50 may contribute to this 
misperception and it is one reason for recommending a Northern 
Development Authority to coordinate the development process. 

3.27 Recommendation: 

That given the sensitivity of the environment and the unique 
circumstances of development In the north, the Ministry of 
the Environment designate all private undertakings which it 
finds to have significant environmental effects north of 50 
for environmental assessment under the Environmental 
Assessment Act. 



Protecting the Northern Environment 



3-20 



3.28 Recommendation: 

That in the determination of the "significance** of the 
environmental effects of any undertaking by the Minister of 
the Environment, the unique environment of northern Ontario 
and its importance to the socio-economic health of its 
residents, be considered, as well as expressions of public 
concern and recommendations from the Environmental Assessment 
Advisory Committee and the proposed Northern Development 
Authority. 

3.29 Recommendation: 

That no further undertakings be exempted by the Minister of 
the Environment from the Environmental Assessment Act on the 
basis of historical criteria such as *'grandfathering*' or 
"advanced stage of planning" north of 50. 

COMPREHENSIVE ASSESSMENT 

Assessing each project as a whole — all of its elements 
addressed at the appropriate time, as part of an assessment of the 
total effect on the environment as defined by the Act — makes the 
legislation and the process more coherent to the people involved 
and to the public generally; at present, the private/public 
distinction has occasionally led to piecemeal assessment and, even 
without that problem, the definition of what comprises an 
"undertaking" can be narrowly construed and result in a failure to 
assess the total proposal or project. 

The Commission report. The Road to Detour Lake , showed the 
difficulties inherent in assessing separate elements of a proposal 
in isolation: the proposed gold mine itself was not designated 
under the Environmental Assessment Act . However, the question of 
whether or not the road to the mine site (which was also a road to 
the other resources of the area) was a public undertaking was 
internally debated (due in part to the the reluctance of the 
Ministry of Natural Resources to be officially designated a 
"proponent".) In time, the road was held to be a public 
undertaking under the Act but was later exempted. 

In his submission of July, 1982, the-then Minister of the 
Environment, The Hon. Keith Norton, said these "shortcomings 
(in the projeot) stemmed mainly from the faot that the public 
sector road-building activities were subject to the Act, while the 
private sector activity of establishing the mine that eventually 
triggered a need for transportation and other infrastructure , was 
not subject. This precluded the comprehensive and public 

consideration of all aspects of development at the concept stage 
when there was still flexibility and choice; but that is the 
benefit of hindsight." 

In their suhmisL: ioa , the Canadian Environmental Law 
Association asked the Commission rhetorically, in November, 1982, 
"Does it make any sense to assess the social, economic and 
environmental impacts of a road to a mine, and not assess impacts 
of the mine itself?" 



Protecting the Northern Environment 



3-21 



To that I can only answer, "No". 

The Minister of the Environment's passive involvement in this 
matter should not go unnoticed. In recognizing this "out of 
phase" planning, he indicated in July, 1982, that the Government 
might address such situations through the Environmental Assessment 
Advisory Committee. I agree that the Committee, through public 
consultation on specific undertakings, could play a useful part in 
establishing guidelines. However, as a general policy, all 
private-sector projects that are contingent on public-sector 
involvement or upon which public-sector undertakings are 
contingent, should be made subject to the Environmental Assessment 
Act if the public-sector undertaking is subject to it. 

The Road to Detour Lake case study also showed that the 
Ministry of Natural Resources lacks awareness of the necessity of 
fully evaluating the impact of access roads. In our northern 
hearings, the creation of these roads was, in fact, one of the 
most contentious issues presented to us, and is discussed 
elsewhere in this report. Yet the Ministry, despite its own 
statements that the Detour Lake road might be part of a regional 
development and not simply a specific site access, showed little 
inclination to do any overall public assessment of the benefits 
and liabilities to northern Ontario of such a major project, 
either within its own legislation or under the Environmental 
Assessment Act . 

3.30 Recommendation: 

That all aspects (including related infrastructure, such as 
access roads) of site-specific undertakings subject to 
assessment under the Environmental Assessment Act be covered 
by a single comprehensive environmental assessment. 

3.31 Recommendation: 

That the Minister of the Environment designate all private 
undertakings for environmental assessment where related 
public undertakings are subject to the Environmental 
Assessment Act . 

PROVINCIAL BORDERS 

I should point out I am well aware that developments, 
especially those on a large scale, are complex undertakings often 
involving considerable commitments of money, time and energy. 
There are other complicating questions as well and one of these 
can arise in projects where there is overlapping jurisdiction, 
sometimes between the provincial and federal Governments, 
sometimes between bodies within the province and — especially in 
areas near the Manitoba or Quebec borders — between provinces. 

Several submissions to the Commission expressed concern that 
proposals regarding projects near provincial borders and involving 
significant environmental effects might result in competing or 
overlapping assessments or might even escape assessment entirely. 
Certainly, as our study, The Road to Detour Lake made clear, there 



Protecting the Northern Environment 



3-22 



is disquieting evidence of what happens when a project develops 
near a provincial boundary that has road and power services close 
at hand in the sister province. The road in question called for 
160 kilometres of new road in Ontario whereas Quebec offered 
access and Hydro at no cost to the Company. The mining project 
was within Ontario's jurisdiction and the province decided to 
accommodate the company's timetable when jurisdictional conflict 
was involved. 

The result, as fully explained in the Commission case study, 
was that, ultimately, the road to Detour Lake was exempted from 
assessment and no effort was made to examine whether the private 
portion (the mine itself) should be subject to environmental 
evaluation. 

There is little cause to believe that similar situations, 
with competing provincial interests or provincial-federal 
interests, would yield different results, given the relative 
importance assigned to economic and political factors as against 
that assigned the environment. That has been clear in at least 
two other projects, the test drilling in northwestern Ontario by 
Atomic Energy of Canada Limited and the Keating Channel project in 
Toronto. The provincial Government must act as the leader, in 
concert with other provinces and with the federal Government, in 
establishing a method for resolving such conflicts. 

The various jurisdictions must develop clear guidelines; 
excellent suggestions were included in the submission of the 
Canadian Environmental Law Research Foundation, which pointed out 
that it "would be preferable , from an environmental and 
planning standpoint y to have a resource development within a 100 
km radius of a provincial boundary assessed by a federal 
government authority , or to have an agreement between provinces 
for joint assessment by both." Other such ideas should be 
developed, after public consultation, under the aegis of the 
Environmental Assessment Advisory Committee. 

From responses to questions posed by the Commission, it 
became clear that the Ministry of the Environment has dealt with 
jurisdictional problems in an ad hoc fashion; suggestions from the 
Ministry included such mechanisms as joint hearings under the 
Consolidated Hearings Act and participation as parties in the 
hearings of other jurisdictions. R.M. Robinson, executive 
chairman of the Federal Environmental Assessment Review Office, in 
a submission of August, 1982, assured the Commission that "the 
federal process is sufficiently flexible to allow for joint 
reviews where appropriate." 

However, there is still the question of determining which is 
the lead jurisdiction and of how to deal with possible conflict if 
parties are unable to agree on jurisdictional issues. Clearly, 
Ontario should take a leadership role in initiating discussions to 
design a mechanism for determining the proper jurisdiction(s) for 
the assessments of proposed undertakings with significant 
environmental effects. There must be a reciprocal response 
among other jurisdictions and a determination to resolve potential 
conflict prior to dealing with specific proposals. 



Protecting the Northern Environment 



3-23 



3.32 Recommendation: 

That the Environmental Assessment Advisory Committee, after 
public consultation, develop guidelines and procedures for 
environmental assessments of undertakings with trans-border 
or interjurisdictional effects in order to lessen jurisdic- 
tional disputes. 

ENVIRONMENTAL PROTECTION AND RESOURCES 

Having now dealt at length with the Environmental Assessment 
Act , the Environmental Assessment Board and the Environmental 
Assessment Advisory Committee, it is necessary to examine in a 
resources-oriented context the perceptions of development and 
environmental protection in the north. 

Human uses of natural resources in the north form the very 
reason for the presence of people in the region. Traditionally, 
natives managed to use those resources in a manner that ensured 
their own long-term survival and the integrity of the environment. 
Today, that integrity is little more than a poignant memory of the 
past. All over the world, human abuse of the environment has 
caused pollution, destruction and scarring; once-abundant fish are 
gone from now-poisoned waters; areas once carpeted with trees and 
fauna have been reduced to scrub-brush and rock. 

North of 50, large-scale mining and logging have been 
restricted largely to easily accessible areas. The high cost of 
transportation and production have tended to act as natural 
guardians of resources. Increasingly, however, those have become 
ineffective: many northerners believe technology and demand will 
move development northward. International markets and economies 
will continue to play a significant role in forest and mineral 
futures. 

We will look further in this report at the ongoing results of 
development and the inherent costs to traditional values. We can 
acknowledge at this point, however, that the economic future of 
the north depends on its ability to sustain some level of 
industrial activity. The current debate is over the degree of 
resource-based development which should be permitted and how this 
can be accomplished at minimum expense to the natural 
environment. 

The sense of the evidence given before the Commission by 
northerners was that development is acceptable if it is 
controlled. In the words of Michael Power, the Mayor of 
Geraldton, speaking at a Commission hearing in that community, 
"Time and again ^ we in the north have said that we want develop- 
ment ^ but we want aontvolled development." 

At that same session, Ell Moonias, Chief of the Marten Falls 
Band, expressed the same view by saying, "We are not against 
development, but we do not want the land destroyed in the 
process." 



Protecting the Northern Environment 



3-24 



In Sioux Lookout, Brian Anderson told us that "the people 
... want to have the beauty of the unspoiled environment and, at 
the same time, we want a high standard of living. Clearly , there 
has to be some compromise in order for everyone to have at least 
some of their needs met." 

Chief Andrew Rickard, whose actions lay behind the 
establishment of this Commission, said in a submission on behalf 
of Grand Council Treaty #9: "We support development, but it 
must be controlled development to enhance environment 
protection." 

Talson Rody of the Cochrane Board of Trade, speaking at a 
Timmins hearing echoed Chief Rickard: "We willingly join 
environmentalist groups, native organizations and others in 
demanding that all industrial developments north of 50 be carried 
out with proper regard for social and economic needs of the local 
or nearby communities and for the protection and restoration of 
the natural environment." 

I quote these northerners to stress the importance of this 
point of view to the people of the north. There was also strong 
support from environmental groups, native peoples and tourism 
industry representatives for protecting the northern environment 
as a first priority, in preference to economic activity. Many 
spoke of a conservation ethic which holds that it is our 
responsibility to preserve the environment for the use and 
enjoyment of future generations. 

At a Red Lake hearing Jean Evans and Ron Robinson of a group 
called TREES (an acronym for Taking Responsible Environmental and 
Economic Safeguards) expressed this as the view that it is, 

"simply inconceivable that one generation should have the right to 
deprive all those succeeding it of their rights to a natural 
heritage ." 

Charlie O'Keese, Chief of the Fort Hope Band, speaking at a 
hearing in Geraldton said, "It is important for us to keep the 
land for our children, they are our future ... We are afraid of 
what will happen to the future of our children if the land is 
destroyed in any way." 

A DIFFERENT VIEW 

Some northerners and representatives of resource-based 
industries have a different view. They have called for less 
control of those industries and warned of too much emphasis on 
protecting the environment. According to their argument, the 
north is a vast wilderness — sparsely populated, rich with 
resources — a place where the emphasis should be on economic gain 
rather than environmental protection, at least to the extent of 
encouraging large-scale industrial development operating free of 
restrictions and regulations. 

John Huggins, president of the Tinimins-Porcupine Chamber of 
Commerce, spoke to the Commission in Timmins: "In general, it 
is suggested that stringent regulations ... be modified as 



Protecting the Northern Environment 



3-25 



development occurs in move remote areas ... particularly where 
the terrain is naturally unattractive for any future use, the cost 
of less stringent environmental controls is balanced by the 
greater cost for development and production." 

At the same session, the Ontario Mining Association warned 
that any attempt to establish new industry in the north would 
require a trade-off between the needs of industry and security of 
the environment. Similarly, Douglas Pillet, corporate secretary 
of Union Miniere Explorations and Mining (UMEX) told the 
Commission at a hearing in Pickle Lake that, "if you recognize 
... that north of the 50th parallel is Ontario's last frontier and 
that its development must be encouraged, then you should say so, 
and make the rules for development fair, clear and reasonable," 



Bernard Ostry, then Deputy Minister of the Ontario Ministry 
of Industry and Trade, writing in a 1982 submission to the 
Commission, said, "I appreciate fully the desirability of 
raising environmental standards , and of considering social 
benefits and costs, as well as market factors; but one must give 
careful consideration to the possible economic impacts of imposing 
additional costs and constraints on cur industries," 

Native groups were among those who spoke most forcefully — 
and, I may say, most eloquently — about the condition of the 
natural heritage. Having suffered personally because of several 
notable instances of environmental damage, they were suspicious of 
resource development and production activities, and determined to 
maintain and pass on their culture and knowledge, despite the 
threat posed by increasing development. 

The record also speaks for their concerns: 15 years ago, the 
provincial Government was forced to ban commercial fishing in the 
Wabigoon/English/Winnipeg river system because of toxic mercury 
levels found in fish. Mercury in the system downstream from a 
Dryden pulp and paper mill resulted in some locations in levels in 
fish 30 to 40 times higher than what were considered to be safe 
limits for human consumption. The Islington (Whitedog) and Grassy 
Narrows Bands lost commercial fishing and guiding opportunities, 
the principal employment and income opportunities; and, in 
addition, suffered the shutdown of a traditionally important 
source of food. In the aftermath, rates of violent crime and 
alcoholism increased — the result of the rage and frustration 
people experienced when faced with the damage to their 
environment, their lives and their bodies. In the words of one 
group, "Mercury has robbed us of our health, and our 
psychological well-being, our lifestyles, our jobs and our food," 

Even when there is less out-and-out damage, problems occur in 
native communities when road development, commercial logging and 
hydro-electric dam construction leave them without their 
traditional land base of operations and destroy their ability to 
provide at least a subsistance-level existence for themselves and 
their families. 



Protecting the Northern Environment 



3-26 



How then can we meet the needs of people who live in the 
north by ensuring that they are protected against further harm 
resulting from development and yet still maintain a healthy 
resource-based economy in the region? We begin examining those 
questions by focusing on the largest single element in the north: 
water. 

WATER: THE MAJOR RESOURCE 

Water, after all, is the most precious element, the prime 
requisite of life. You can live without any one of the so called 
necessities of life but you cannot live without water. Water will 
increasingly determine where growth takes place and the economic 
dynamics of the province. It is a resource we cannot squander. 
It is the key to transportation, energy, industrial production and 
sanitation. In the north, natural watercourses are important to 
day-to-day living. Water is the north's only highway network: 
snowmobiles, tractor trains and ski-equipped aircraft use the 
frozen lakes and streams of winter to forge the principal social 
and commercial linkage between communities. In summer, small 
boats and float-equipped planes use those same waterways. All 
year long the northern lakes, rivers and their shorelines are a 
vital food warehouse, without which many families would go 
hungry. 

Despite the tragedy of the Wabigoon/English/Winnipeg system 
it is still possible to prevent damage to much of the water of 
northern Ontario. In order to do so, however, there must be wide- 
spread awareness that most uses of the land, especially in the 
north, will have some consequences for the quality of the water, 
particularly for the freshwater storehouse that is Ontario north 
of 50. 

Five major rivers drain into the Arctic watershed: the 
Severn, Winisk, Attawapiskat , Albany and Moose rivers; the flow of 
these waters is approximately 5,000 cubic metres per second, which 
is slightly greater than the annual run-off from the Ontario 
section of the Great Lakes, the Upper St. Lawrence and Ottawa 
River systems combined. In addition to mighty rivers, the 
landscape of the north is laced by thousands of lakes and endless 
tracts of water-logged muskeg. 

All human uses of water affect the environment in varying 
degrees. Consider, for example, the impact of hydro-electric 
development and water diversion on the north. The continental 
surge of economic growth in the 1960 's and '70 's led to a rapid 
increase in energy demands, peaking in the late 1970 's; the 
development of more sophisticated commercial and consumer products 
which use electricity has kept demand for hydro elevated, though 
it has stopped growing, in part because of higher costs and in 
part because of a new awareness of energy conservation in all its 
forms. 

Ontario Hydro has identified a number of sites for 
development when and if energy demands require increased 
generating capacity. Among them are locations on the Albany, the 
Attawapiskat, the English, the Little Jackfish, the Moose, the 



Protecting the Northern Environment 



3-27 



Severn and the Winisk Rivers. Damming these rivers which mainly 
flow through the lowlands could cause disastrous flooding effects 
on the land and wildlife of every form. (Such plans are now 
shelved, however, and there have been proposals for making some of 
the areas into provincial parks.) 

Certainly, the people who have had experience with hydro 
projects are critical of how they have been handled. A submission 
from the Lac Seul Anishnabeg Band in 1983 recalled that, "As a 
result of the oonstruotion of the Ear Falls hydro dam, the people 
of Lao Seul lost lands, resources and part of their eaonomia base 
— saarifiaed so that others could benefit. To make things even 
worse, a traditional burial ground was flooded, leading to the 
uncovering of graves and the bones of our ancestors. Those bones 
remain as a silent, harsh reproach, a stain on the honour of those 
who failed to make provision for them." 

Willis McKay, Chief of the Matagami Band, speaking at 
a Timmins hearing described a similar situation: "When the 
people (of the Matagami Reserve) first moved to the reserve ... 
the only development taking place was the construction of two dams 
on the Matagami River. The land became flooded, and just like Lac 
Seul, the burial grounds were covered ... We ourselves did not 
receive electricity for another SO years. With the great loss of 
wildlife, livelihood, culture and traditions, our people began in 
despair to turn to alcohol." 

Whenever, or if ever, Ontario Hydro — which, after all, is 
ovmed by all of us — has reason to seek further development in 
the north, it will have a special burden of proof regarding its 
ability to respect the resources, the environment and, most of 
all, the people of the north. 

In addition to hydro-electric potential, water-impoverished 
regions to the south (severe shortages in both the U.S. and Canada 
are expected before the end of the century) are increasingly 
interested in obtaining water for local consumption. In the U.S., 
the Ogallala Aquifer, the underground water reserve which 
currently supplies the American mid- and southwestern regions, is 
being pumped at a much greater rate than it is being 
replenished. Many farmers in the Texas Panhandle and west-central 
Kansas are reverting to dryland farming because of the increasing 
costs of irrigation-system maintenance. 

A proposed method of increasing supplies is to pump water out 
of the Great Lakes at a higher rate. However, if more is removed 
than can be replaced by snow and rain, the original volumes left 
by glaciation will be undermined and levels will drop 
permanently. Officials of the Ministry of Natural Resources 
estimate that a half-centimetre drop in water levels in the 
shipping channels would cost industry millions in lost business; 
every 15-centimetre drop would cost Ontario Hydro approximately 
$20 million annually in lost production; tourism revenues would 
suffer as the price for providing recreational facilities (e.g., 
dredging, dock extensions) increased. 



Protecting the Northern Environment 



3-28 



Another proposal would be to divert water from northern 
Ontario into the Great Lakes. In the 1940 's, a diversion was 
built on the Albany River to take water down into Lake Nipigon, 
which drains into Lake Superior. Since then two other water 
transfers have been developed, one at Lac St. Joseph, diverting 
Albany river water into the Lake Winnipeg system, and one at Long 
Lac, which also transfers part of the headwaters of the Albany 
river into Lake Superior. With increasing concern expressed by 
politicians on the Canadian prairies and from the United States, 
the pressure for more diversions is ever present. There is some 
consolation with respect to the Great Lakes waters however, in 
that while Ontario has jurisdiction over the northern half — all 
of the eight American states, many of large populations, which 
have jurisdiction over various parts of the southern half as well 
as all of Lake Michigan have already demonstrated their joint 
alarm over any diversion considerations. 

As much as the growth, strength and power of Ontario has 
risen through its wealth of water resources, the future 
development and growth will fix and depend on the same needs, 
while supporting continued population growth in unlimited numbers. 
Our natural fresh water heritage was placed here for good reason. 
No short-term government can presume to have the right or 
authority to sell or divert our water before it has run its 
natural course within the province without obtaining the people's 
specific consensus. It is the soul of Ontario, here to be used 
and to build around, not ever to be sold for other people's 
preferences. That is not to say we will not be pressured to sell 
and divert, for we already are called to participate in 
discussions. We can, however, remain resolute and firmly resolve 
to preserve the birthright of future generations against all 
pressures. 

A scheme known as the GRAND Canal Project involves blocking 
off James Bay and separating it from Hudson Bay to the north 
through a system of dikes or causeways extending from the Ontario 
to the Quebec shoreline. James Bay would thus be turned into a 
freshwater lake and this freshwater could then be transferred 
southward through a series of stepped reservoirs, canals and 
natural watercourses to the Great Lakes and routed to the Canadian 
West and the U.S. Midwest. The social and environmental implica- 
tions and economic costs of developing and maintaining such a 
project could be enormous. However, benefits other than increased 
water supply such as employment, saleable power surpluses and new 
agricultural and industrial production could offset some of these 
costs. 

The inter-connectedness of the northern environment is all 
too evident when considering how water resource development 
schemes can adversely affect every aspect of life in the region. 
For example, economic costs, in addition to the loss of 
food-gathering, recreational and commercial fishing, can include: 
a depletion in saleable timber; the social and emotional trauma 
and dollar costs associated with breaking up and moving 
communities; the loss of subsistence trapping and hunting 
opportunities that would limit traditional native food and income 
sources. 



Protecting the Nopthezm Environment 



3-29 



In addition, the sudden appearance of an access road thourgh 
a reserve and an influx of the construction workers employed on 
these projects has a history of causing a deterioration of local 
social and cultural values and result in increased rates of 
alcoholism, violence and family breakdown. 

WATER AND TREES 

While water is a key element to life north of 50, it is the 
presence of trees which promotes forestry and the forest products 
industry. It is a leading employer and an underpinning of the 
northern economy, a major shipper and exporter, and the province's 
fifth-largest manufacturing sector. While I deal extensively with 
the forest resource in a separate chapter, 1 wish to discuss here 
certain impacts of industrial use of the northern forest. 

Today, despite highly competitive economic conditions, 
forest management agreements between the industry and the 
provincial Government (through the Ministry of Natural Resources) 
are being signed at an increasing rate. Much of the land north of 
the 50th to the 51st parallel and even beyond is held largely 
under the control of companies as a future warehouse of 
merchantable timber. Here, native groups have become alarmed and 
critical, basing their views on their all-too-coramon experiences. 
The 1983 submission of the Armstrong Metis Association stated 
vividly: "The forests to the south of here have been oonsumed , 
and now the beast with the endless appetite for trees turns our 
way. Soon we will be left with a prairie of stumps and 
slash," 

The presentation of Chief Thomas Fiddler and James Stevens, 
quoted from at the beginning of this chapter, also contains a 
devastating description of historical forest operations: "The 
felling and consequent devastation of the hardwood forest in 
southern Ontario in the 19th century has, apparently , provided few 
lessons for foresters of the 20th century. In northern Ontario 
the first three decades saw the effective demise of the great 
white pine. A 'renewable resource' in the fantasy-land jargon of 
foresters was gone from sustainable productivity and this tree 
appears to have been deleted from consideration in the 
future . " 

In addition to the environmental costs of cutting discussed 
in a later chapter, there are problems associated with pulp-mill 
effluents (e.g., waste materials). These effluents include 
organic materials which cause massive increases in algae growth 
and asphyxiation of other organisms; suspended solids which affect 
watercourses in a manner similar to sedimentation and that smother 
vegetation, small invertebrates and fish eggs; and dissolved 
metals, used in pulp manufacturing, which can be permanently 
damaging to various organisms. 

Overall, the effects of water pollution lead to a reduction 
in the amount of solar energy in the ecosystem, to interference 
with photosynthesis, to the presence of nutrients which stimulate 
growth rates of undesirable species, possibly displacing more 
desirable ones, to sedimentation and a resultant reduction of 



Protecting the northern Environment 



3-30 



useful nutrients, and to toxicity resulting in the endangerment or 
disappearance of species. 

Other effects include potential hazards to human health, lost 
recreational opportunities and lower aesthetic (and, therefore, 
recreational) values. Economically, lost opportunities on one 
hand lead to expensive corrective measures on the other. 

Because of its land requirements and sorry environmental 
record, the forest products industry must be monitored carefully 
if future catastrophies are to be averted. Present legislative 
controls can be applied, including the Environmental Protection 
Act , the Environmental Assessment Act and the Ontario Water 
Resources Act ; federal legislation in this field includes the 
Fisheries Act . However, the administration and application of 
these laws will have to be strengthened to ensure the citizens of 
Ontario effective guarantees for the protection of their natural 
heritage. 

In addition to environmental damage associated with effluent 
and with cutting practices, there are problems caused by the 
pesticides and herbicides used in the ongoing war against weeds 
and non-commercial tree species, as well as in attempts by the 
forest industries and the Ministry of Natural Resources to prevent 
infestation of commercial species by pests such as the budworm. 

The three most common chemicals used in northern Ontario for 
these purposes are Sevin, Matacil and the Phenoxy-herbicide 2,4 D; 
all registered for use with Agriculture Canada under the Pest 
Control Products Act . Though research on their effects was 
conducted before each was registered, little can be said with 
certainty about their long-term safety and cumulative or 
synergistic effects. Continued budworm infestation and the 
increasing use of forests north of 50 for commercial purposes, 
have led to proposals for large-scale aerial spraying of 
fenetrithion and matacil in conjunction with bacillus 
thuringiensis (Bt). 

Research has indicated that bacillus thuringiensis is a safe 
insecticide for use against the spruce budworm in infested parts 
of northern forests. For this reason, I applaud the recent 
decision of the Ministry of Natural Resources to use Bt alone, and 
not the chemical pesticides listed above, on approximately 215,000 
hectares of northwestern and northeastern forests. Bt is, in the 
words of the Minister of Natural Resources, the 
"... inaeotioide which is the most aaaeptable from an 
environmental standpoint" . in addition, I welcome the 

treatment of 30,000 hectares by use of concentrated logging and 
salvaging operations. Widespread and indiscriminate use of 
chemical pesticides and insecticides must not be encouraged, 
unless we are convinced that such chemical methods are the only 
alternative. 

MINES 

Now I turn to the environmental consequences of mining, which 
are not yet fully understood and which, therefore, must also be 



Protecting the Northern Environment 



3-31 



subject to rigorous scrutiny in order to prevent environmental 
damage. 

The effluents produced in recovering valuable minerals from 
ore contain a wide range of chemical properties and vary greatly 
in toxicity. Many raining and milling operations involve the use 
of reagents which modify the properties of minerals. Some of 
these reagents do not break down easily when treated while others 
are chemically volatile and either break down naturally in a 
tailings area or can be broken down by chemical processes. 
Controlling or containing stable chemicals is essential to the 
protection of the environment. Some can be recovered and 
recycled, others must be treated as toxic wastes. 

In addition to the reagent chemicals, mining and milling also 
produces pollutants which, if released, act upon the environment 
in a manner similar to certain by-products of the pulp and paper 
industry (e.g., sediment, dissolved metals, and acids). Despite 
the similarities, the mining industry's use of controlled tailing 
disposal areas (contained and controlled by dykes), aeration, 
neutralization and sedimentation processes appears to have given 
it better environmental control over effluents than has been 
achieved by the forestry products industry. 

Nonetheless, accidents do happen when toxic wastes are 
discharged into the water. Some operators, such as the Griffith 
Mine near Ear Falls, have constructed a system of discharge 
control which removes sedimentation and dictates the release of 
clarified water, as well as the installation of scrubbers in the 
stacks. 

Other environmental consequences of mining are controlled 
through pre-operational planning: erosion, for example, is a 
common problem, though easily avoided by seeding, since mines 
involve relatively small areas of exposed soil. 

The abandonment of mine and mill facilities can cause 
long-term environmental harm unless orderly decommissioning of the 
project is included in pre-operational development plans. 
Abandoned and neglected tailing ponds can break down and discharge 
toxic effluents into local waterways. 

A further environmental impact resulting from a new 
mine and mill project is the development of access roads and of 
power transmission facilities needed to provide large quantities 
of electric power. 

The impact of powerline construction initially can involve 
the interruption of wildlife habitats and migration routes. 
Remote operations using fossil fuels, for which power must be 
generated on-site, increases the likelihood of environmental 
damage. 

Private mining projects, of course, are not currently subject 
to the provisions of the Environmental Assessment Act but, as I 
have recommended, they should be assessed in the same way as all 
other developments in the north. 



Proteating the Northern Environment 



3-32 



ACID PRECIPITATION 

Having examined the environmental impacts associated with the 
resource industries of the north, I must comment on acid 
precipitation, a serious pollutant being produced in — and 
damaging to — most of the North American continent. 

Because of the known effect on waterways, and international 
research warning of the detrimental impact on forests and 
wildlife, acid precipitation has become a potential problem for 
the north. Ontario's Ministry of the Environment estimates that 
the area north of 50 contains approximately 60,000 lakes of 
significant size. Bodies of water on granite or quartzite 
geological formations have very little neutralizing capability 
compared to those based on limestone; some 20 per cent of the 
north's lakes, those found atop the granite and quartzite-based 
Precambrian Shield, are therefore especially vulnerable to 
acidification. 

Until recently, there was relatively little monitoring and 
data collection on lakes and rivers north of 50; it does seem 
likely that they are not in the same immediate danger as those 
lying further south. The north's prevailing weather patterns, 
from west and north, do not carry the acid originating in the 
highly industrialized regions of Southern Canada and the 
midwestem United States — the source of much of the problem. 

Nonetheless, estimates based on random measurements conducted 
in Precambrian Shield lakes north of 50 indicate that the majority 
receive precipitation acidic enough to be lethal to certain types 
of fish eggs, insect larvae and bacterial species and to alter the 
normal spawning patterns of the flathead minnow. A further 
increase of acidity, even a slight one, would be sufficient to 
reduce the populations of trout species. 

It appears a great deal of research into acid precipitation 
and its effect on water bodies and fish has been accomplished. I 
am concerned, however, that little qualitative, sophisticated 
research has been done on its effects on forests and wildlife, 
particularly in northern Ontario. While limited research on maple 
dieback has been carried out, a larger-scale qualitative research 
program is necessary at this time. 

Obviously, industry must have raw materials, supplies, water 
and energy power, and its functions cause waste materials, 
contaminated water and air emissions. Man needs food, water, heat 
and transportation; but his actions produce contaminated water 
waste, garbage and vehicle exhaust pollutants. It should be noted 
that motor vehicle exhaust accounts for more than half of all air 
pollutants discharged in Ontario. In some areas, motor vehicles 
contribute more than 85 per cent of the air pollution recorded in 
urban streets, and therefore make a substantial contribution to 
acid precipitation. 



Protecting the Northern Environment 



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3.33 Recommendation: 

That the Government of Ontario become directly associated 
with international research efforts and undertake increased 
research into the effects of acid precipitation on the 
forests, game, waterfowl and wildlife of northern Ontario 
(particularly on all species believed to be affected by such 
precipitation). 

ENVIRONMENTAL LEGISLATION 

The complex problems of monitoring and controlling pollution 
are dealt with in Ontario under the Environmental Protection Act , 
the Ontario Water Resources Act and other related legislation and 
regulations. Let us now turn to an examination of the 
legislation, its application and related concerns expressed Co the 
Commission. 

Section 13(1) of the Environmental Protection Act states: 

"Notwithstanding any other provision of this Act or the 
regulations , no person shall deposit , add, emit or discharge a 
contaminant or cause or permit the deposit, addition, emission or 
discharge of a contaminant into the natural enuironment that, 

1) causes or is likely to cause impairment of the quality 
of the natural environment for any use that can he made 
of it; 

2) causes or is likely to cause injury or damage to 
property or to plant or animal life; 

3) causes or is likely to cause harm or material discomfort 
to any person; 

4) adversely affects or is likely to adversely affect the 
health of any person; 

5) impairs or is likely to impair the safety of any person; 
or 

6) renders or is likely to render any property or plant or 
animal life unfit for use by man." 



It 



Section 14 of the Ontario Water Resources Act says that 

the quality of water shall 5i deemed to Be impaired if, 
notwithstanding that the quality of the water is not or may not 
become impaired, the material deposited or discharged or caused or 
permitted to be deposited or discharged or any derivative of such 
material causes or may cause injury to any person, animal, bird or 
other living thing as a result of the use or consumption of any 
plant, fish or other living thing as a result of the use or 
consumption of any plant, fish or other living matter or thing in 
the water or in the soil in contact with the water." 

Because no water quality regulations have been passed under 
the EPA or OWRA, the general prohibitions described above provide 



Protecting the Northern Environment 



3-34 



the legal basis for determining the need for control orders and 
other abatement procedures. Prohibitions are guided by the 
non-legislated provincial water quality objectives and guidelines 
developed by the Ministry of the Environment as set out in Water 

Management: Goals, Policies, Objectives and Implementation 

Procedures (November, 1978) of the Ministry of the Environment. 
(Specific guidelines also have been issued for the mining 
industry.) 

The document contains guidelines for drinking-water quality 
standards, criteria for the discharge of toxic substances, 
discharge or emission limits (generally expressed in terms of 
loadings intended to achieve ambient quality objectives) and 
specific technology requirements, as well as listings and 
descriptions of controlled toxic substances. 

There are indications that the Ministry of the Environment's 
efforts and programs and its Water Resources Branch have 
contributed to the general improvement of environmental quality in 
Ontario. Moreover, because industry is usually willing to play by 
the rules as long as it knows what they are, environmental 
regulations have brought increased investment, productivity and 
efficiency to Ontario industry. 

Nonetheless, criticisms of the applicability and practicality 
of the legislation come from both industry and environmental 
groups. Industry's views can best be summarized as a desire to 
reduce environmental restrictions in order to make northern 
investment more attractive, especially because projects in the 
north are expensive to develop. Furthermore, they would argue, 
the north is distant from major population centres, is less 
populated and, therefore, less likely to suffer environmental 
catastrophes involving large numbers of people. 

The financial cost of installing pollution abatement or 
control measures in long established industries could, on 
occasion, be substantial, to the point of requiring replacement of 
the facility and therefore result in employee cutbacks and 
financial pressures leading to company shutdowns. Furthermore, 
additional costs which must be passed on to the consumer, could 
further decrease the competitive edge of Ontario resources and 
resource products in the international marketplace. These costs 
require in-depth research and political consideration before final 
decisions are made. 

Certainly, pollution abatement or control measures can be 
expensive, especially for industries which must modernize existing 
processes. There is little doubt that consumers ultimately pay 
for the improvements but some abatement technology or techniques 
actually improve economic efficiency. 

Despite the appearance of stringent control in the two Acts, 
the system has pitfalls which environmental groups, in particular, 
criticize as dampening to effective and successful use of the 
legislation against polluters. One complaint is that there is an 
economic incentive to pollute: in cases where the costs of 
abatement or control are high, violators find that continued 



Protecting the Northern Environment 



3-35 



polluting makes economic sense because it is less expensive to pay 
fines than to comply with control orders. 

3.34 Reconmendation: 

That fines levied on offenders of environmental legislation 
be Increased to a maximum level greater than or equal to the 
costs of abatement, to the extent possible. 

3.35 Recommendation: 

That a large portion of the monies collected from environ- 
mental prosecution and fines be allocated to the local area 
impacted by the pollution, to be spent according to needs 
determined by local residents. 

3.36 Recommendation: 

That the Ministry of the Environment increase Its environ- 
mental detection and enforcement staff, some of whom should 
specialize in the detecting and enforcement of particular 
pollutants and should not be tied to regional offices. 

From the time a control order under the Environmental 
Protection Act is issued up to the final deadline for compliance, 
the violator cannot be prosecuted further for the offence, thus 
permitting him or her to continue polluting. Furthermore, the 
deadline can be appealed, based on factors beyond the violator's 
control (for example, a strike, delays in delivery or financial 
hardship. ) 

It is difficult to charge polluters in cases where no single 
source of pollution can be identified, making prosecution of 
potentially dangerous multi-source pollution even more difficult 
than that of single-source pollution. 

There is a lack of funds to gather needed scientific data on 
new or little-known substances, on long-term effects at low 
levels, and on the cumulative and combined effects of contaminants 
on the biological and geological characteristics of the north. 
Inadequate information often results in an absence of regulatory 
action because of uncertainty about the probable success of 
prosecutions. 

3.37 Recommendation: 

That the Government of Ontario provide additional funding for 
scientific research to improve on the Ontario Water 
Management Objectives and allow for better documentation on 
the environmental effects of new and little known 
substances. 

3.38 Recommendation: 

That the Water Management Objectives be enacted as 
regulations and enable prosecution for violation of the 
regulations. 



Proteoting the Northern Environment 



3-36 



3.39 Reconunendatlon: 

That more funding be committed toward expansion of knowledge 
and expertise in the field of abatement technology. 

In most cases of existing pollution, determining the need for 
abatement and setting deadlines for compliance are negotiated, 
case by case, between the Ministry of the Environment and the 
violator. This approach, which relies on subjective interpreta- 
tion of the water management objectives, often results in abate- 
ment requirements with greater discharge limits than those set out 
in the objectives. 

Neither the Environmental Protection Act nor the Ontario 
Water Resources Act allow for formal public input into the 
decision-making process. Furthermore, public and industry 
representation is limited in determining or amending the Water 
Management Objectives. Here, as recommended in relation to the 
Environmental Assessment Act , increased public accountability and 
a more democratic decision-making process would significantly 
improve the implementation of enforcement measures. 

3.40 Recommendation: 

That public and industry input into the decision-making 
process be Increased in the EPA and OWRA especially at the 
stages of establishing environmental protection regulations, 
(e.g., standard-setting) and developing project-specific 
abatement requirements (e.g., control order process). 

COMPENSATION 

It is often difficult to place a dollar value on the damage 
done to those who suffer as a result of pollution, to compensate 
them adequately for loss of life, health or economic 
opportunities. In addition, adequate compensation measures are 
not always provided for in a control order or conviction. The 
best example of how the system failed in this regard is Reed 
Paper's contamination of the Wabigoon/Engllsh/Winnipeg river 
system. To date, full compensation has not been paid by industry, 
though 15 years have passed since the issue arose. The provincial 
or federal Governments have been slow to resolve the situation: 
responsibility for Indians rests with the federal Government, 
while the prosecution of polluters is under provincial 
jurisdiction. The fact remains that the people affected are 
Ontarians. 

3.41 Recommendation: 

That, to assure the payment of compensation in cases where 
environmental damage results in loss of health or 
socioeconomic opportunities for local residents, it is 
recommended that : 

1) clear jurisdictional responsibilities be established 
between the federal and provincial Governments regarding 
Indian claimants; 



Protecting the Northern Environment 



3-37 



2) funds be made available to those members of the public 
requiring financial assistance where legal action is 
required to obtain or recover compensation payments due 
as a result of environmental damage; 

3) the provincial and federal Governments confer on 
quantitative and qualitative methods for determining the 
financial equivalent of damage caused to the physical, 
social and economic environment as a result of 
violations of environmental legislation and regulation; 

4) enforceable regulations be established to determine the 
time frame in which a violator is obligated to pay the 
compensation in full. 

These recommendations would, I hope, assist in the fair 
enforcement and regulation of industry and government. Though the 
goal of the EPA and OWRA is protection of the environment, legal 
fees and other costs sustained by industry and government in the 
process of prosecution divert financial resources from pollution 
prevention. Because of the adversarial nature of the regulatory 
process, development proponents are motivated to challenge the 
system and to obey the minimum letter of the law rather than its 
overall intention. Moreover, we must be aware that the 
Environmental Protection Act and the Ontario Water Resources Act 
apply only when harm has already occurred. 

I believe that the Environmental Assessment Act is ideally 
suited to meet some of these objections and to be used as a 
preventive control, if it were applied to all proposed projects or 
developments with potentially significant environmental impacts. 
As a planning device, the EAA requires proponents to submit 
designs of proposed projects or expansions and to include in the 
environment assessment document their provisions for the 
prevention or mitigation of effluent discharges. Mitigating 
measures include installation of pollution-abatement equipment, 
alteration of production processes or location of the project In a 
less environmentally-sensitive area. 

As I have recommended (3.27), if it is to fulfill its 
potential for improving Ontario's environment, the Environmental 
Assessment Act must apply to private-sector undertakings. I am 
convinced that legislation is more effective when it is 
universally applied. It is better, as well, to have laws which 
prevent damage rather than apply penalties on the basis of what 
has already occurred. However, I remain sensitive to the reality 
of additional administrative costs to be borne by government and 
the sometimes needless delays which would be suffered by industry 
and public agencies if the EAA were applied to any development; 
therefore, the Commission has considered alternative mechanisms. 

First, proponents must make maximum use of the financial 
incentives already available for compensation of costs incurred in 
installing pollution control technology; recently, the federal 
Government offered two such programs. The Accelerated Capital 
Cost Allowance Program, administered by Environment Canada, 
permits an eligible firm to write off, for income tax purposes. 



Protecting the Northern Environment 



3-38 



the total equipment or installation costs of processes primarily 
intended to control air or water pollution. (Allowable 
expenditures include the cost of prevention, reduction or 
elimination of pollution.) 

The second is the Development and Demonstration Resource and 
Energy Conservation Technology Program, also under Environment 
Canada, which covers as much as half the total estimated cost of 
an approved project designed to recover or recycle wastes. 

I readily support these, or similar, programs. 

There are other avenues which should be explored as 
potentially useful models for improving pollution control outside 
the regulatory process. For example, the use of contracts between 
government and proponents is emerging to cover mutually acceptable 
terms and conditions for industrial projects where pollution and 
control of it are key to the project's economic viability. 1 have 
already discussed the use of contracts for development purposes in 
Chapter 2. 

The flexibility inherent in a negotiated agreement allows for 
terms suitable to parties, including terms for remedying a breach 
of contract (usually by way of damages and compensation). Another 
term could require the developer to post a bond to guarantee 
partial or full compensation in the event a breach occurs. It 
also might be possible to include a clause which prohibits the 
discharge of pollutants (similar to a stop order), or lower the 
level of allowable discharge. 

Advantages to government in this type of contract are clear. 
Not only does it reduce the problems inherent in the adversarial 
approach, it also encourages compliance and cuts administrative 
and legal costs. Advantages to industry are equally clear. 
Lengthy and often costly delays which prevent development are 
averted by avoiding a needlessly long approval process. 
Furthermore, prosecution is less likely when the document is the 
result of negotiation. 

Throughout such a process, the two participants must be aware 
of the presence of a third party with a legitimate interest: the 
public. In order to ensure their rights, contractual terms have 
to accommodate public involvement through a pre-approval process, 
and such terms must be part of any enabling legislation in regard 
to contracts of this type. It would also be necessary to provide 
a method by which a contract could be rescinded if it were 
determined that public objections to its terms were valid. 

While I cannot conceive that the contractual process would be 
practicable on all projects, particularly those with potentially 
wide-ranging and severe environmental implications, the contract 
approach might initially be applied to projects of a minor nature 
which are nonetheless subject to the Environmental Assessment Act. 
Successful negotiation of such a contract could lead to exemption 
from environmental assessment. 



Protecting the Northern Environment 



3-39 



It might be possible to build a contract model into the 
existing Ontario Water Resources Act and the Environmental 
Protection Act instead of negotiating terms of a control order 
with a violator. In other words, at least as a start, the 
identification of a pollution violation could be the beginning of 
contract negotiations; it could be more productive to enter into 
such negotiations and to continue them as a form of compliance, 
rather than operate from an adversarial position. 

Much work remains to be done in formulating a contract 
agreement system appropriate for environmental protection 
purposes. Models proposed in other jurisdictions indicate they 
could be useful in Ontario. Certainly, any concept which holds 
the possibility of benefits for industry, government and the 
public while, at the same time, improving environmental 
protection, deserves careful consideration. 

The three resources — trees, water, minerals — and the 
industries they have spawned — forest products and mining — are 
all necessary components of the economy and the social fabric of 
Ontario. The three laws — The Environmental Assessment Act , the 
Environmental Protection Act and the Ontario Water Resources Act 
have been established and used in order to protect the 
resources, the industries and, most importantly, the people of 
this province. 

As I have made clear, I find them, in the main, to be well 
considered and carefully drafted laws. They suffer — and will 
suffer more and more in the future — from the inevitable passage 
of time, the acquisition of new information and the emergence of 
changing attitudes. All three laws require streamlining, whether 
through alteration of specific provisions, or through the design 
and passage of other pieces of legislation. It is in precisely 
this context that I offer the recommendations which flow from this 
portion of my report. 







Protecting the Northern Environment 



CHAPTER 4 



THE INDIAN PEOPLE IN THE NORTH OF ONTARIO 

Following the approach taken in Canada's Constitution, the 
term "Indian" is used in this report to refer to status and non- 
status Indians as well as Metis. I also want to state clearly 
that all recommendations dealing with Indians and their communi- 
ties apply to all three groups. 

The concept of "status" resulted when treaties specified 
those entitled to benefits. Later evolution under the Indian Act 
tightened and restricted status to band membership and descent 
from a status male. Native people whose ancestors for one reason 
or another were not included in the treaties became "non-status" 
Indians. Lack of special status also plagues the Metis people who 
are of Indian heritage but who, by their own admission, are not 
full-blooded Indians. 

While a person may be denied status under the terms of the 
Indian Act, if he or she possesses sufficient racial and cultural 
characteristics to be termed a "native person", he or she will be 
considered an Indian within the meaning of the British North 
America Act. This means the person - like status Indian - would 
be within the legislative jurisdiction of the federal Government. 
It is important to stress that it appears that native rights are 
derived, and should be derived, from one's racial and cultural 
origins, not solely from the provisions of the Indian Act . Thus, 
for the purposes of this report, all three groups are treated as 
equal recipients of the recommendations made. 

People are the greatest resource of any nation and, in the 
area north of 50, the majority of the population are Indians — a 
people with their own distinct culture, outlook, abilities and 
needs. 

I count myself among those relatively few "white men" who 
have had on-going contact with the native people throughout my 
lifetime. For this reason, I feel justified in emphasizing the 
care and attention required in order to grasp the subtleties of 
their unique and gentle culture. 

In 1934-35, travelling into the northern homeland of 
Ontario's native people, I visited reserves and settlements in 
Pikangikum, Sandy Lake, Osnaburgh, Big Trout, Sachigo and as far 
north as Sutton Lake below the shoreline of Hudson Bay. I was 
memorably struck by the character of these people: friendly, 
honest, independent, proud, modest, impassioned, self-sufficient 
and religious. On meeting their chiefs and elders one sensed a 
mannerly aristocracy of wisdom, poise, compassion and pride. 

In contrast to the contented and self-sufficient people I 
observed during my first forays into native settlements some 50 
years ago, my most recent visits to their communities have shown 
me the deterioration in their lifestyle and the stark realities of 
their present day existence. Most Indians in the north now live 
in bitter confusion over the existing autocracy which has 
determined their present and continues to govern their future. 



Indian People of the North 



4-2 



The people reflect on their historic self-sufficiency and 
independence since time immemorial and abhor present conditions 
under government's full control. They feel injured. They resent 
suggestions they are living off the Canadian taxpayer without 
contributing their share to society. They are affronted by the 
measures of hypocritical charity, welfare and pity directed to 
them. As noted elsewhere in this report, the income of Indian 
families still lags dramatically behind that of non-natives. It 
is not humanitarian to think unearned favors replace the reward of 
and the right to gainful employment. I find Ontario's northerners 
resolved to surmount oppression and prejudice, and determined to 
regain the spirit of self-sufficiency, self-respect and human 
dignity which still flows in their veins. 

If we are to understand our native people as they are today, 
along with their aims for the future, we must look at the past 
that shaped them. While their culture appears foreign to those of 
us who are the product of another world, in fact, it is a culture 
based in practicality — the need for all people to eat, to learn, 
to contribute and to utilize their own unique skills. Once 
examined, Indian culture appears not as an outmoded way of life 
but perhaps as a philosophy which in large part should be emulated 
and perpetuated. 

I find the traditional culture and history of the original 
people of Ontario north of 50 comparable to a great composition of 
music. I believe no one can express an opinion or interpret the 
beauty, the spirit or identifying character of it all without 
fully understanding how it was composed. The search for such an 
understanding has been my own greatest challenge as Commissioner. 

I was cautioned on my first Commission trip through the north 
by a cultured, educated and thinking man of native birth to move 
slowly toward an understanding of the lifeways, customs and 
culture of northern people — particularly those of Ontario's 
original inhabitants. Repeatedly I was reminded I must grasp the 
meaning of the land and of being "people of nature" whose learning 
and wisdom expanded and developed by wholly existing with the land 
and its bounty. 

In the presentation of Indian history and culture that 
follows, I offer you the same caution — take the time to grasp 
the lifeways, attitudes and perceptions of our original people. 

It is my hope that, within each reader, a new awareness and 
understanding will be created regarding the current frustrations 
which now plague these proud and once independent people. 

HISTORICAL BACKGROUND 

(The reader is referred to "People North of 50°: In Quest of 
Understanding " for a more detailed account of native culture and 
history. ) 

In many ways the northern portion of Ontario is a harsh and 
often inhospitable environment. Yet native North Americans have 
survived in that environment for approximately 8,000 years. The 



Indian Psofjl^ </ f-he 'hDPth 



4-3 



environment determined their basic patterns of existence and 
shaped their material and non-material culture - their values, 
attitudes, customs and beliefs. They survived by adapting 
themselves to the environment and obeying its laws. 

With a few seasonal exceptions, the resources necessary to 
sustain human existence are sparse and widely scattered in the 
boreal forest - only an estimated 10 per cent of the entire 
landscape produces food resources for humans. The resource base 
thus precluded a large, sedentary population and the people of the 
boreal forest lived in small nomadic family bands. Studies have 
indicated that approximately 57 square kilometres were required to 
sustain one person. Throughout the course of a year, a band might 
wander throughout an area spanning almost 2,600 square kilometres. 

In the spring, after break-up, the bands moved from their 
wintering areas toward larger lakes which were the focal point for 
the activities of a number of bands during the early part of the 
summer. But by August, this relative "concentration" of 
population would begin to disperse in order that each band could 
reach its wintering territory before freeze-up. 

Winter severely tested the survival skills and abilities of 
band members. Many are the winters documented in trading post 
journals when the best hunters failed in their pursuit ... or 
failed to return; on occasion, entire bands disappeared. It is no 
wonder a person's age was calculated in terras of the number of 
winters they had survived. Occupying almost all of their time, 
survival provided the central meaning, purpose, motivation and 
goals of life as well as the criterion by which decisions were 
made and the standard by which all things were judged. 

This point is made by J. Carver in his publication, Travels 
Through the Interior Parts of North America in the Years 1766, 67 

and 68 : "They show . . . indifference for the production of 
art. When any of these are shown them, they say, "It is pretty, I 
like to look at it," but are not inquisitive about the 
construction of it, neither can they form proper conceptions of 
its use. But if you tell them of a person who is able to run with 
great agility, that is well skilled in hunting, can direct with 
unerring aim a gun, or bend with ease a bow, that can dextrously 
work a canoe, understands the art of war, is acquainted with the 
situation of a country, and can make his way without a guide, 
through an immense forest, subsisting during this on a small 
quantity of provisions, they are in raptures; they listen with 
great attention . . . and bestow the highest commendations on the 
hero of it." 

A band was composed of 20 to 30 individuals who formed an 
extended family related through the male line and was a 
tightly-knit, autonomous and self-sufficient social and economic 
unit. Individual survival depended on the band and the band's 
survival depended on the skills and contribution of each and every 
member. The individual and the band were of equal importance 
since neither could survive without the other. 



Indian People of the North 



4-4 



While the white man continued through centuries of struggle 
as various segments fought for a sense of equality, the Indian 
population continued on as ever — as a race of true equals. Just 
as they believed that land and air and the substance of life are 
to be lived with by all and owned by none, they also recognized 
that there are many points of view, each unique and all relevant. 

Consensus, not government or externally imposed rules, was 
the guiding force. No one could be forced to help or participate; 
no compulsory laws placed them under any restrictions. As J. 
Carver noted in his travels during the 1760 's: "... If 
violenoe is committed^ or blood is shed, the right of avenging 
these misdemeanours are left to the family of the injured; the 
chief assumes neither the power of inflicting or moderating the 
punishment. Each family has a right to appoint one of its chiefs 
to be an assistant to the principal chief ... (and to watch) over 
the interest of ... (the family), and without whose consent 
nothing of a public nature can be carried into execution ..." 

Issues of common interest were discussed by all band members. 
Seated in a circle, hours — sometimes days — were spent as each 
member presented a point of view. An elder would then articulate 
what had been put forward with the result that each person, having 
heard the same logic and conclusions, went forth governed by the 
same conclusions arrived at by the same accumulation of 
experience. Control of the group was maintained through the 
self-control of each individual who was autonomous. 

This philosophy of balance governed all aspects of their 
lives. Just as one didn't abuse nature by taking more resources 
than was necessary, one gave and received of nature's bounty 
equally. Those who were less proficient in gathering had a right 
to expect a share of the successful hunter's catch. 

Just as custom and common philosophy were strong, unifying 
bonds, the existence of the band provided its members with the 
only firm emotional and intellectual relationships. Only fellow 
band members could be trusted because they were the only people 
the individual thoroughly knew and, because of the importance 
placed on personal knowledge, there would always be a latent 
distrust of all other people. 

This concern for one another — which I have always admired 
— was part of native culture from the beginning. When a man 
died, the welfare of the widow and children became the 
responsibility of one of his brothers since the children were of 
the same clan. And, certainly, the deep respect shown their 
elders is, I believe, a legendary and well-known facet of the 
Indian culture. An elder was respected because he or she had 
demonstrated the merit of their skills and knowledge by their 
length of survival; and, in a more emotional sense, grandparents 
in the boreal forest had a special family role. With the parents 
and older children often away from camp, grandparents became the 
central figures in the lives of young children. They were the 
ones who had the time to make toys, tell stories and begin showing 
the small child how to do things. Because of this early training 



Indian People of the North 



4-5 



from grandparents, generations were tightly interlocked as was the 
transmission of culture. 

The Indian's main tool for survival — attentiveness — was 
developed from birth. The "tikinagan" or cradleboard is an 
ingenious device for carrying an infant while keeping one's hands 
free and keeping him or her secure and in view while one is fully 
occupied doing something else. It may be leaned securely between 
a rib and thwart of a canoe, against a tree or hung from a limb. 
In all cases, the child is in a vertical position as are all other 
humans and can be present at all activities. A child spent an 
estimated six hours a day in a tikinagan until he or she was about 
two years old. Laced firmly into a pouch with or without the 
board, the child learned stillness, concentration — and to 
sharpen his hearing and eyesight. Thus began a prodigious keen 
store of personal experience or knowledge (i.e. memory) and the 
habit of attentiveness, which would become his or her main tool 
for survival. 

This was well recognized by J. Carver in 1768, when he 
wrote: "The Indians discover an amazing sagacity, and acquire 
with the greatest readiness, anything that depends upon the 
attention of mind. By experience and acute observation, they 
attain many perfections to which Europeans are strangers. They 
are indebted for these talents, not only to nature, but to any 
extraordinary command of the intellectual faculties, which can 
only be acquired by an unremitted attention, and by long 
experience." 

Ontario's original northerners are a people whose 
relationship with the land began when they were created from it, 
forming a connection of mystical and practical meaning that 
embodies their attitudes and viewpoint of life. Their knowledge 
and instincts reflect the perfected patterns on how to survive 365 
days of the year by foraging and originate through a most 
demanding, applied learning process with the tenent of being 
attentive to all and everything that occurs or moves about you. 

THE FUR TRADE: CA. 1600 to 1867 

It is not surprising that reactions of distrust, puzzlement, 
and fear arose on both sides as the whiteman from the south took 
his first hesitant steps into the Indian world north of 50. The 
clash of cultures appears inevitable when one compares the 
precepts upon which both cultures arose and functioned: 

1) A belief in living harmoniously with nature has 
determined much of the Indian lifestyle and 
subsistence pursuits, while Euro-Canadians have 
based their survival, in large part, on harnessing 
and dominating the forces of nature. 

2) As a nomadic people who have survived through the 
proficiency of their gathering skills and the 
availability of nature's bounty, Indians are 
accustomed to accepting life as it comes each day. 



Indian People of the North 



4-6 



whereas Euro-Canadians tend to think in terms of 
building and investing for the future. 

3) Where life in a band demands co-operation and group 
achievement on the part of Indians, Euro-Canadians 
instill a sense of competitiveness and individual 
success in their culture. 

4) Believing that nature is shared by all and owned by 
none, Indians tend to think, in terras of stewardship 
of land, whereas Euro-Canadian culture works on the 
basis of ownership of land. 

5) Indian people tend to value anonymity and submis- 
siveness while Euro-Canadian culture encourages 
individuality and aggressiveness. 

And yet, through both cultures' practice and need of trade 
arrangements, Indian and white people began business dealings 
which, in the end, precipitated the demise of the Indian culture 
via its submersion in the ever-changing and ever-expanding white 



The first European explorers and traders actually stepped 
into and participated in a well-established system of exchange 
which criss-crossed the entire North American continent. A vast 
network of trade in commodities and hand-manufactured items had 
already been established by the Indians. 

Fur trade history generally fails to take into account that 
while the Indians eagerly participated in the white man's system, 
they continued to carry on trade among themselves. White traders 
and goods merely expanded the type and quantity of products 
available. What the establishment of permanent posts did do 
however, was to offer a source of food which could be fallen back 
on in winter and also introduced a new element into the trade — 
the exchange of labor for the white man's goods. Indians acted as 
guides, performed agricultural work, supplied food, clothing and 
equipment to personnel at posts, and acted as runners in winter to 
bring in furs. 

In spite of the changes in native material culture brought 
about by their adoption of the white man's goods, the fur trade 
did not have near the impact on boreal lifeways as is generally 
supposed. Until well into the present century, people lived in 
the same way they always had, selecting from the manufactured 
goods available only those of use for survival. A nomadic 
existence did not permit the accumulation of non-utilitarian 
goods. 

Of far greater importance to the Indian people than the 
effects of white material culture were the social disruptions, 
cultural discontinuities and geographical dislocations caused by: 
the disastrous effects of European diseases spread via the trade 
routes, carried by natives and whites alike; warfare between 
whites and natives, natives and natives, (e.g., incursions by the 
Sioux into the area north of 50), the French and English; 



Indian People of the North 



4-7 



expanding populations of white settlers; and liquor, the presence 
of which lasted until at least the latter half of the 1800 's and 
the consumption of which almost always erupted in violence (the 
main reason trading posts were palisaded and fortified). 

Uncertainty, confusion and personal depression led some to 
seek out liquor as a means of coping and, therefore, surviving. 
Given their lives' pattern of feast or famine, the extremely rigid 
internal control demanded of Indians, and a system of logic which 
blamed alcohol, not people, for behavior while drunk, the white 
man's medicine - liquor - became the most prized item offered by 
traders. Liquor also "solved" the problem of the natives' shyness 
in dealing with new white traders and strange Indians. 

At least by the late 1700 's, many of those in the fur trade 
saw the disastrous effects of liquor. Alexander Henry noted in 
1803: ". . . the Indians totally ne.jleat their anjient 
customs; and to what oan this degeneracy be ascribed but to their 
intercourse with us . . .? What a different set of people they 
would be, were there not a drop of liquor in the country! . . . 
We may truly say that liquor is the root of evil in the North 
West." 

But it was not until the raid-1800's, as Douglas MacKay in The 
Honourable Company noted, that: "Gradually and firmly the use 
"of spirits was atminished . . . The insistence of the London 
Committee, the tireless agitation from the Church of England 
Missionary Society, and the questioning , if unspecified , view of 
the Colonial office were the principle forces in the final 
suppression. By 1860 spirits were no longer given to Indians 



I want to emphasize at this point that Indian communities 
themselves have imposed rigid restrictions on alcohol use. In 
fact, most reserves are now "dry" areas where the people will not 
allow any alcohol to be brought in. 

In my view, it is indeed unfortunate - and most certainly 
incorrect - for people to continue to put forward the image of the 
"drunken Indian." It is true that northern towns have witnessed 
the so-called drunken Indian in their midst but certainly they are 
not the only culture involved in public inebriation. One can only 
speculate on the reasons why any person goes through life in a 
constant state of inebriation. As 1 point out elsewhere in this 
paper, it takes an emotionally strong and secure Indian to succeed 
amidst the strangeness and prejudice of the white man's world. I 
have little doubt that a tally could be produced of Indians who, 
lacking education or job skills, have been unsuccessful in finding 
employment and therefore find it doubly difficult to make the 
transition from the reserve to the white man's society — and, as 
a result, have turned to alcohol. 

However, these Indians are certainly not representative of 
the Indian population and most certainly do not reflect the 
standard of behavior and sobriety required in most reserves north 
of 50. 



Indian People of the North 



4-8 



POST-CONFEDERATION: 1867 to 1945 

As early as 1784, agreements between colonial leaders and 
Indians in Southern Ontario took place based on the principles of 
fairness and equity in white-Indian relations as perceived at the 
time. 

Canadian Confederation was brought about by the promise of a 
transcontinental railway — planning for which began mid-way 
through the last century — and raised the question of title to 
the Indian land in the north and west. 

The first treaty in northern Ontario was the Robinson- 
Superior Treaty of 1850. Robinson was the provincial Commissioner 
assigned to extinguish Indian title in the Lake Superior and Lake 
Huron area. Between 1871 and 1923, 11 further treaties were 
signed with the Indians, for areas encompassing almost all of 
northern Ontario, Manitoba, Saskatchewan, Alberta and parts of 
British Columbia, the Northwest Territories and the Yukon. 

In northern Ontario, Treaty #3 was signed in 1873 by Ojibway 
and government representatives, and covered approximately 142,442 
square kilometres of northwestern Ontario. Treaty #5 covered 
approximately 38,848 square kilometres in Ontario but was mainly 
directed to the larger area of Manitoba. However, a number of 
native communities north of 50 (Deer Lake, Pikangikum, and Poplar 
Hill, for example) are listed within the Treaty #5 area. Other 
communities such as Sandy Lake, while subject to Treaty #5, are 
for all practical purposes under the administration of Treaty #9. 

Treaty #9, the major treaty within the Commission's area of 
concern, was signed in 1905 and 1906 by Ojibway and Cree people 
with not only a representative of Canada but also, unlike Treaties 
#3, and #5, a representative of Ontario. Further adhesions were 
signed in 1929-1930. The Treaty covers approximately 565,415 
square kilometres which is most of Ontario north of 50. 

Treaty-making followed a standard pattern: after boundaries 
of the territory to be ceded had been determined by Government, 
all Indians resident in the area were invited to enter into a 
treaty. Upon its signing, and in exchange for the extinguishment 
of Indian claims to the ceded land, a cash settlement was paid to 
each individual - $12.00 per person under Treaty #3, $5.00 per 
person under Treaty #5, and $8.00 per person under Treaty #9. In 
addition, an annual cash annuity ($4 in Treaty #9) was to be paid 
in perpetuity to each member of a band and their descendants. 

Reserves of land also were created for each band signing the 
treaties. Under Treaties #3 and #9, 2.6 square kilometres was 
allowed for each family of five; under Treaty //5 it was 64.8 
hectares per family of five. In all treaties, the Government 
reserved the right to remove any settlers on reserve lands in 
order to protect the reserves from white encroachments. However, 
Government also retained the right of appropriation of reserve 
lands if they were required for public purposes, with compensation 
required to be paid. A band could not unilaterally dispose of the 



Indian People of the North 



4-9 



lands, but with the consent of the band, reserve lands could be 
sold or leased by the Government. 

A most important provision in the treaties was the explicit 
guarantee of freedom to pursue their traditional livelihoods 
subject to future regulations and settlement in the non-reserve 
areas of the surrendered lands (now a contentious and difficult 
issue). It is not my role to suggest specific interpretations or 
clarification of treaty provisions and therefore I have attempted 
not to do so directly. However, native people still pursue 
foraging activities on these lands and, in general, fear further 
encroachment on these areas. They are concerned that the spirit 
of the treaties, their understanding of the treaties, has been and 
is being broken. It is to this that I address my concerns. I 
have dealt with this issue separately and made a number of 
recommendations. 

The Commission heard a great deal of discussion about the 
conflicting interpretations or meanings of these treaties. On the 
whole, it appears that the making of treaties was taken seriously 
by all sides. However, linguistic and cultural difference 
prohibited mutual understanding. The native people seemed to 
think they were signing a peace treaty agreeing to the shared use 
of the land between Indians and white people. The Government, on 
the other hand, looked upon the treaties as legal instruments 
whereby ownership of the land was transferred from the Indians to 
the Crown in exchange for certain monetary and other 
considerations. The concept of land as a commodity which could 
be bought and sold was a totally alien, incomprehensible and 
linguistically inexpressible concept to native people. 

This differing view of the land and man's relationship to the 
environment was the fundamental misunderstanding. But the 
Treaties also created even further misunderstandings in which may 
be found the roots of many of the conflicts and problems between 
the two cultures today. 

Treaty Effects 

Treaty Bands were created which bore no relationship to the 
socio-political realities of the small family bands which gathered 
at specified locations to enter into the Treaty. For example, the 
bands which gathered at the Hudson Bay Company's Fort Hope post 
for the purpose of signing Treaty #9 were those who traditionally 
gathered at Eabaraet Lake in the summer as well as those who 
gathered at Attawapiskat and Winisk Lakes. Since the signing of 
the Treaty, all these bands have been known and dealt with as a 
single unit. However, in reality, these three separate groups of 
family bands had little, if anything, to do with one another and 
after the signing of the treaty, the Attawapiskat and Winisk 
groups returned to their own traditional territories where they 
still reside today - although technically they are squatters on 
Crown land, having no reserves of their own while the people of 
Fort Hope have a far larger reserve than warranted by the number 
of Eabaraet Lake families in 1906. 



Indian People of the North 



4-10 



Similarly, the treaties are at the root of today's problems 
arising from "status" Indians, "non-status" Indians and Metis. 
"Status" Indians originally were those whose male ancestors 
happened to have heard of the treaty, agreed with its terms and 
were able to participate in its signing. Today, the incongruity 
of the situation is brought home in an area such as Moose Factory 
where the Metis population lives in the traditional native way but 
is restricted to land outside the reserve and refused the 
financial assistance given status Indians living just metres 
away. 

Contrary to the traditional autonomy of the individual and 
the role of consensus in decision-making, the treaties established 
elected chiefs and councils for each Treaty Band. Both the method 
of selection and the structure of local government created 
contributed in large measure to the disunity and disfunctioning of 
the native communities which began after World War II. 

Education 

Each treaty contained some provision for native education, as 
deemed "advisable" by the federal Government; and when the 
Indians of a reserve "shall desire it". Until the 

post-World War II period, residential schools — generally located 
far from Indian communities, run by the churches and financed by 
government grants — formed the mainstay of Indian education. In 
the 1930 's, the advent of airplanes made it possible to transport 
northern children to residential schools and parents were 
subjected to all the persuasion the missionaries could muster to 
send their children. 

Residential schools were creatures of their time, sure of the 
superiority of the white culture's values. Indian children were 
to be removed from their families for their own good to learn the 
values of the Christian religion, hard work and competition. The 
use of native languages was forbidden and infractions of the rule 
met with punishment. Traditional Indian appearance was not 
condoned: hair and clothing had to reflect the current white 
fashions. The curriculum centred on the English language, writing 
and arithmetic. Vocational skills taught were those of the 
farmer, the domestic or the low-status industrial worker — not 
those needed for life in the bush or for participation in the 
higher levels of the white economy. The people who operated these 
schools were doing their duty as they saw it by elevating children 
of a deprived and "uncivilized" race closer to their own ideals. 
In essence, what they were actually doing was removing children 
from one viable culture, teaching and impressing by continuous 
repetition the precepts of another and, in the end, ensuring that 
many of their students fit into neither. 

One of the elders in the James Bay region recounted his 
experiences in residential school, and with a look of bemusement 
said: "You know. Commissioner , it was there I was taught to 
lie! You see," he said, "I entered the school at the age of 
nine, and when the term was over I was looking forward to seeing 
my mother, but first I had to make a promise that I would not 
speak in my native language while I was away. My mother oould not 



Indian People of the North 



A-11 



speak English, and, being in a religious school that taught you 
cannot lie, I decided I had to stay because I could not fulfill 
the promise demanded of me. In fact, I stayed two more years 
without going home. My friends confused me then with the 
teachings - honour thy mother and thy father, and assured me that, 
if my parents could not speak English, surely God would not punish 
me if I broke my school promise and spoke to them in their 
language. So assured, I promised I would not speak Cree and went 
home for the summer, knowing I had lied." 

The way in which the federal Government carried out its 
responsibility removed control of education from the parents and 
bands, removed control of the children, indeed removed the 
children themselves. With the new generation gone from the 
community for much of the year, transmission of cultural 
practices, life skills and language was sharply disrupted. 

The family band had existed as an autonomous and tightly-knit 
social, cultural and economic unit wherein each individual took 
his or her adult place after a lengthy apprenticeship which began 
at birth. Sending children away to residential schools began to 
unravel the social, cultural and economic threads of the people's 
lives. The band was deprived of part of the manpower it needed 
for survival, and the "apprenticeships" which ensured its future 
survival were interrupted. Off at school, children did not learn 
what they needed to know in order to survive in their home 
environment and what they did learn was of little use in dealing 
with the reality of life on the reserves. 

POST-WORLD WAR II: 1945 TO THE PRESENT 

For Ontario's northern native people, the post-war period has 
been characterized by: increasing incursions northward by the 
white population of the south; increasing interference in and 
control of their lives by the federal Government; subsequent 
increased dealings with white Government officials; and an 
increasing rate of social, cultural and environmental change. 

The basis of fundamental change came in July, 1945, when the 
federal Government initiated Family Allowance payments contingent 
upon school attendance. The monthly cheque, of course, enhanced 
survival, but the incentive to send even younger children off to 
school for most of the year decreased the social, cultural and 
economic integrity of the family band. 

The death blow to traditional lifeways came in the 1950 's 
when elementary schools were established on the reserves. While 
children no longer had to be separated from their parents, 
families were forced to stay in one place to care for their 
offspring. This spelled the end of the traditional economy which 
depended on mobility. The family band was forced to settle down 
for most of the year near the school which almost immediately gave 
rise to the necessity for federally-provided food rations. This 
concentration of population was intensified in the 1960's with the 
commencement of planned communities — band-administered, 
subsidized housing centred on larger, more modern schools and 
healthcare stations. 



Tndian People of the North 



4-12 



The first day-school graduates had been sent out to 
residential secondary schools but throughout the 1960 's this 
practice was phased out and secondary school pupils were sent to 
regular high schools in the north where they boarded with white 
families. By the end of the decade, their exposure to the values 
and ways of the "hippy" subculture outside was manifesting itself 
on the reserves in the form of drugs, alcohol, glue and gas 
sniffing, vandalism and a rejection of parental mores. 

They were also caught up in the social activism of the 1960s, 
one focal point of which was native North Americans. They learned 
to exploit their Indian-ness and to demand their "aboriginal 
rights" - though hard-pressed to define precisely of what those 
rights consisted. Ironically, their own values were almost 
totally white: money, pleasure, ease and all the modern material 
conveniences. Although they frequently bemoaned the passing of 
native culture, they had never actually experienced traditional 
lifeways, knew little about them, lacked patience with and respect 
for their own elders and their values, beliefs and ways. 

By 1970, then, three distinct sub-cultures had emerged in the 
northern communities by virtue of the change that schools made in 
the enculturation process: 

1) The Traditional Generation: Born prior to 1930, 
they were raised in the traditional way, 
experiencing no white schooling and speaking no 
English. In spite of their lack of formal 
education, they are much more aware of what is going 
on than anyone supposes. They have no problems 
managing money, they know how to work . . . and they 
are the only genuine Indians left today. 

2) The Transitional Generation: Born between 1930 and 
1950, they received part of their enculturation in 
traditional ways and part via the residential 
schools. They speak both languages and have the 
knowledge and skills to be able to function in both 
native and white worlds. Their values are those of 
their elders and they are a stabilizing force within 
the communities. 

3) The Troubled Generation: Born between 1950 and 
1965, these natives went to reserve day schools and 
have known no life outside the reserve. A paper 
done for this commission tagged this group as 
"Whindians" because culturally they are neither 
white nor Indian but a bastardization of both, 
fitting into neither world. Among the Whindians one 
finds the highest percentage of unemployment, 
alcoholism, marriage breakdown and child neglect. 

The consequent social disruptions were exacerbated by: 

1) the physical compacting in planned communities of people 
who formerly had dwelt in family bands which "kept their 
distance" from one another and who therefore did not 



Indian People of the North 



4-13 



have the social and cultural mechanism for dealing with 
life in a dense concentration of population; 

2) the spatial fragmentation of the extended family within 
the planned communities; 

3) the lack of anything to do in a sedentary situation and 
the impossibility of pursuing the traditional livelihood 
because of being tied to one spot; 

4) the consequences of the Treaties' elected Chiefs and 
Councils upon people accustomed to governing themselves 
by families and through consensus problems which now 
emerged as dealings with government increased; 

5) the concomittant shift of leadership from the elders to 
the educated young which came about because of the 
increased dealings with government. 

The Indian Act set confirms the overwhelming powers of the 
federal government over Indian reserves: "Subject to this Act , 
reserves are held by Her Majesty for the use and benefit of the 
respective bands for which they were set apart; and subject to 
this Act and to the terms of any treaty or surrender , the Governor 
in Council may determine whether any purpose for which lands in a 
reserve are used or are to be used is for the use and benefit of 
the band." 

Examples of these sweeping powers include the setting aside 
of Indian burial grounds, schools, health centres and any other 
projects determined to be in the interest and welfare of the band; 
the construction of roads, authorization of surveys, or 
subdivision into lots; the maintenance of roads, bridges, 
ditches, and fences and the cultivation or improvements of lands. 
Band funds will be used for these purposes if so ordered. 

Bands, on the other hand, are empowered to pass by-laws which 
deal mainly with local issues such as: health, traffic, conduct 
and nuisance regulations; the appointment and duties of pound 
keepers; building and repair regulations; the allotment of reserve 
land to band members; trespass regulations; and the regulation of 
bee-keeping, poultry raising and public sports events. 

Although a general broadening of band powers under this 
section has evolved in recent years, the extent to which the band 
can control its own matters on the reserve is limited. Bands have 
little control over education, band membership or management of 
band finances. It is this state of affairs that has led to 
increased demands for Indian self-government. 

One interesting provision of the Indian Act Is section 83, 
where, if in the opinion of the federal Cabinet, a particular band 
has reached "an advanced stage of development" , the band 
council may make certain money by-laws with the approval of the 
Minister of Indian Affairs. This would effectively give control 
over the fiscal affairs of the band to the band council. In 



Indian People of the North 



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reality, however, there is only one band (in Saskatchewan) which 
presently exercises these additional powers. 

It is readily evident that a band council's powers are 
considerably limited under the Indian Act « They have no say in 
many matters of importance such as education, and in areas where 
they are granted certain powers, the Governor-in-Council may 
step in with its own overriding regulations. As well, the 
Minister can disallow any by-law that is passed. 

However, the exclusive authority under section 91(24) of the 
British North American Act makes it difficult for me to 
contemplate any remedy beyond a general recommendation to the 
Ontario Government for forwarding to its federal counterpart. 

4.1 Recommendation 

That the Government of Ontario recommend to the federal 
Government that the Indian Act be amended to give full status 
as legal persons to band councils and bands. 

This recommendation, if implemented, would give Band Councils 
the advantages and liabilities of corporate status (i.e., to be 
able to hold title to land, to sue or be sued, to enter into 
binding contract). 

Survival 

A Ministry of Northern Affairs ' Task Force on transportation 
and living costs in remote northern Ontario communities found 
that almost 67 per cent of the population in these settlements 
depended wholly or partially upon social assistance. 

The 1981 census also noted that while status Indian 
households north of 50 are 1-1/2 times the size of non-native 
households, their total income is only two-fifths of that of 
non-native families. On a per person basis, this means status 
Indians have only one-quarter of the per capital income enjoyed by 
non-native. (However, it must be kept in mind that they also have 
fewer costs because housing and dental care, for example, are 
provided by the federal Government and native people are exempt 
from taxation.) And, I should point out here, no census figures 
can take into account the higher cost of most goods and service 
services in the north. Overall, the 1981 census data may paint 
too rosey a picture of the economic situation of the north 
relative to the south since they do not reflect the impact of the 
1982-83 recession and of the continuing reduction in world demand 
for primary mining and forestry products. 

The Government itself is only too aware of why many, if not 
most, Indian families depend on welfare and job-training grants. 
In its February, 1983, submission, Canada Employment and 
Immigration Commission, Ontario Region, candidly admitted: In 

the oommunities north of 30 the vast majority of those jobs whiah 
are available to native people are on short-term job creation 
projects (shorter than one year) or in local government where 
salaries are paid directly from transfer payments. While many of 



Indian People of the North 



4-15 



these jobs have skill development aomponents , employers and 
sponsors are limited in the length and breadth of training which 
can be provided. There are few private sector employers operating 
in these communities to provide industrial training. In larger 
native communities such as Big Trout Lake or in towns like 
Geraldton or Red Lake, native employment is, for the most part, 
similarly limited to government and job creation projects despite 
the existence of other employers." 

While commercial harvesting activities (e.g., trapping, 
fishing and wild rice gathering) have become increasingly more 
important for Indians north of 50, for most, foraging activiites 
continue to be necessary to supplement those items which can be 
purchased. The major "living-of f-the land" activities pursued by 
native people today include hunting, fishing, trapping, wild rice 
harvesting, and obtaining wood for fuel and building materials. 
Dependence on foraging can vary according to: how many family 
members are gainfully employed; the cost of living in the 
particular community; a preference to live in the traditional way; 
and a preference for local fish, game and edible plants. 

A year-round activity, hunting provides native people with an 
ongoing traditional food supply, thereby reducing the necessity 
for store purchases. 

Native submitters to the Commission such as the Summer Beaver 
Settlement Council (1982) and the former Chiefs Committee of 
Winisk (1982) have stressed the economic and cultural importance 
of fishing. They recommended strongly that designated areas be 
set aside for this high priority enterprise where commercial 
fisheries operate seasonally. 

Until the recent past, trapping has been a major contributor 
to native livelihood, providing both an income and a food source. 
According to the Kayahna Area Tribal Council and the Muskrat Dam 
Band, fluctuating pelt prices, high operating costs and the lack 
of youth participation in trapping activities have had negative 
effects. There has also been an international decline in demand 
for furs with increasing opposition to trapping. 

Wild rice harvesting, a commercial activity, is firmly rooted 
in Indian traditions and forms part of a staple diet for a number 
of native communities in the West Patricia region. The 
English/Wabigoon/Winnipeg River system and the Lac Seul and 
Osnaburgh areas are the most productive. The traditional skills 
of harvesting by the canoe and flail method are giving way to 
mechanization. Much of the harvest, which varies according to 
weather patterns and water levels, is sold to processors for world 
wide consumption. 

While a few native communities engage in agricultural 
pursuits, adverse climatic conditions, short growing seasons and 
poor soils restrict gardening to potatoes, turnips and carrots for 
personal consumption. As noted elsewhere in this report, there 
exists the potential for new, varied and hardier crop varieties, 
but this will require intensive research and experimentation. 



Indian People of the North 



4-16 



Although quantitative information on the value of subsistence 
is scanty, some subraittors did refer to specific percentages and 
dollar values to demonstrate the importance of the subsistence and 
commercial aspects of hunting, fishing and trapping north of 50. 
For example, Chief Benn Quill stated in 1977 that 40 families from 
Pikangikum and Poplar Hill earned about $70,000 from trapping. 
During the summer, they caught 59,000 kilograms of fish worth 
about $100,000. It was estimated that 80 per cent of the families 
of Pikangikum Band trap and 50 per cent fish (Sandy Lake Hearing, 
January 10, 1978). 

In a study of Kayahna communities prepared for the Commission 
by Dr. Paul Dribben, it was estimated that hunting, fishing and 
trapping provided local people with approximately 136,000 
kilograms of edible meat per year in 1979. A representative of 
the Kayahna Area Tribal Council stated that as much as 50 per cent 
of food required by native people is derived from subsistence 
sources. Furthermore, in his 1984 thesis, George Hamilton of 
Lakehead University noted that a 1982 survey of the importance of 
subsistence activity on Cat Lake Reserve revealed that wild food 
accounted for nearly 50 per cent of the community's protein 
requirements. 

From the many submissions received on the past and future of 
resource gathering in Ontario north of 50, there can be little 
doubt that native people are worried. They are concerned that the 
white culture does not understand or recognize the subsistance 
value of gathering to the native communities and, therefore, worry 
about their future ability to continue such pursuits. 

The federal Government has spent tens of millions of dollars 
in attempts to stimulate economic development on Indian reserves. 
But failure to give local residents responsibility for the busi- 
ness in question, failure to provide rigorous training in cost 
accounting and management control, and failure to introduce incen- 
tives by paying salaries significantly higher than welfare 
payments have contributed to a number of business collapses. 
Further, since government officials have encouraged, if not 
required, over-employment to demonstrate the success of make-work 
programs, grants have been quickly and unproductively consumed. 

There are ways to improve external guidance and financing 
systems. However, in my view, Indian communities and their 
residents must have the freedom to fail or flourish in their own 
efforts to establish viable local enterprises — a freedom taken 
for granted by the majority population. 

Self-management and local control over business are, to me, 
logical, timely and inevitable goals. But, self-management and 
the self-sufficiency I believe it will promote, also require 
direct ownership of community lands sufficient in nature and 
extent to support a suitable range of economic, social and 
cultural activities. 

As we have seen, reserve lands are currently held by the 
federal Government in trust for the resident bands. The legal 
status of the Indian bands means that their capacity to own lands 



Indian People of the North 



4-17 



directly and to enter into business contracts and relationships is 
non-existent. The federal Government must assist in clarifying a 
situation which impedes this desirable goal of self-management. 

For me, there is no other conclusion: a humane relationship 
between the Indians and the environment in the north of Ontario 
can be based only on native ownership and control of supporting 
amounts of lands and resources. 

People are part of the environment. Their welfare and future 
cannot take second place to the welfare and future of lakes, lands 
and forest. There is no question that native northerners have 
legitimate concerns, complaints and fears. And, there is no 
question in my mind that my mandate's priorities include an in- 
depth review of the disadvantaged position of our native people. 

DISADVANTAGED NORTHERNERS 

The terms of reference of my Commission do not call on me to 
inquire into such questions as the validity of aboriginal and 
treaty rights. Whatever the legal effect of such rights may be, 
I have concluded that the province must grant additional lands to 
the Indians. Expansion of reserves and ownership of land is a 
prerequisite not only for local economic development but also a 
means of breaking the cycle of poverty and dependency in many 
northern communities. 

1 believe these communities need areas of land which can 
reasonably provide space for housing present and future 
populations as well as community facilities and local businesses, 
some forest area for construction materials and fuel, access to 
water — both lakes and rivers — for water supply, fishing and 
transportation and buffer areas to shelter the community from 
other adjacent resource developments. 

The Government of Ontario owns the land surrounding Indian 
reserves in the north; and it is the Government which must act if 
the land base of northern Indian communities is to be enlarged. 

There are legal impediments currently which would prevent a 
grant of land being made directly by the Government of Ontario to 
an Indian community, the Band itself or its Band Council. 

It would suffice in my view for such grants to be made to the 
Government of Canada in trust for the Band. Eventually Indians, 
Bands and Band Councils should have the capacity to own land in 
expanded reserve areas. 

I urge the Government of Ontario to take whatever legislative 
steps may be necessary to permit individual ownership of the 
surface rights to land within the granted land area if so 
requested by the Indian community. This is essential to their 
participlation in our economic system. 

The well-being of Indian people in the north has been eroded, 
in part, because they have been excluded from the land to sustain 
acceptable standards of living in their communities. The 



Indian People of the North 



4-18 



treaties gave the coramuities reserve lands, the reserves are now 
too small as populations have grown and the land within them was 
often too poor to sustain even the basic needs of the communities. 

The poor quality of the existing land designated for his 
reserve was pointed out by Elder Albert McKay at the June 17,1983, 
hearing in Wapekeka: "Concerning the reserve land, the size of 
the reserve land ... there isn't enough room for standing spaoe. 
We were set here on earth to live on the land. The designated 
lands are very small and they are not good to use. When those 
fellows aame in to mark the reserve land, they did not sit down 
with the people to find out how much land the people wanted. 
They just went ahead and did it themselves ... Our reserve land 
mostly consists of swamp. The place they marked the reserve 
land's all muskeg .. When the government first signed the treaty 
with the native people, from the beginning the promises were very 
good. Now, looking at the promises - they're getting smaller. 
The promises are gradually being broken." 

Population pressures long ago outgrew reserve sizes - the 
treaties spoke of granting from a quarter section to a square mile 
of land for a family of five. Now there is only a fraction of 
that per reserve resident north of 50. Furthermore, population 
growth is likely to be substantial in future - and will almost 
double by the turn of the century. This increase will occur 
because of the substantial proportion of young people - in 1981, 
65 per cent of status Indians north of 50 were under 25. Only 45 
per cent of the non-Indian population north of 50 is in that age 
group, and only 41 per cent of the non-Indian population of the 
province as a whole. 

I contend it would be immoral for the Government not to take 
unilateral action at this time on the grounds that negotiated 
resolutions are preferable. On the contrary, the Government would 
be demonstrating a new and credible resolve to deal fairly with 
Indians. 

Most reserve areas now lack the capacity for even minimal 
support. If Indian communities and their residents owned or 
controlled more natural resources which could yield, through their 
efforts, significant food, revenues and jobs, there would be a 
greater possibility for viable local economies and a resultant 
reduction of the welfare and transfer payments now sustaining 
existing communities. 

Just how the lands to be conveyed should be selected is not 
easily formulated. The Indian communities themselves may have 
strong views and opinions may differ among residents about which 
land should be selected and which land should not. Some commun- 
ities may wish to relocate entirely. Others will find it 
difficult to trust the Government's initiative and may perceive it 
to be a tactic for frustrating real or contemplated claims based 
on alleged breaches of treaty or aboriginal rights. Indeed, the 
Government of Ontario has attempted to grant land to an Indian 
community located on Crown land and the offer was rejected. 
Implementation of my recommendation should therefore be 



Indian People of the North 



A-19 



accompanied by public statements by a Minister that the land 
grants have no strings attached. 

4.2 Recommendation: 

That the Government of Ontario grant Crown land to Indian 
communities located north of 50, pursuant to procedures 
outlined in Recommendation No. 4.3. 

I heard considerable evidence from Indian people in the north 
about their lack of power to influence development. Some Indian 
communities spoke directly of the relationship between their lack 
of power and the ownership of land. Representatives of the Summer 
Beaver Settlement Council spoke directly of their needs at one of 
my hearings in November of 1982: "Essentially y what Summer' 
Beaver is requesting is as follows: One, that a reserve be set up 
taking in the area presently inhabitated and providing adequate 
additional space for population growth and expansion. Two, that 
the people of Summer Beaver expect to be consulted by the Ministry 
of Natural Resources or any other provincial or federal government 
agencies on any projects that Sumner Beaver feels rightfully 
belongs to its children. 

"Land is an essential part of the livelihood of the people of 
Sumner Beaver thus the urgency to settle this question of land 
status. The residents are greatly concerned about their future 
generations and feel it their responsibility to provide the land 
resources for their children's needs. The ultimate goal for the 
re-establishment of this community is that Summer Beaver is to be 
self-sufficient. To be self-sufficient these people whose lives 
are so interwoven with the land must secure for themselves and 
their children a viable land base." 

To negotiate the selection of land to be granted to each 
community would take lengthy periods of time. It is better, I 
believe, to follow a fair procedure for selection, grant the lands 
selected and subsequently negotiate the grants of additional or 
alternative lands as and when a community requests. This over 
time will be inevitable, just as villages, towns and cities 
elsewhere in the province seek to expand their boundaries from 
time to time. The procedure I am recommending is, in my view, 
— given the circumstances in Indian communities — appropriate 
because it is expeditious. 

4.3 Recommendation: 

That the Government of Ontario appoint a Northern Land 
Commissioner under the Public Inquiries Act to Identify and 
report to the Government on Crown lands to be granted to and 
for the use, benefit and eventual ownership of Indian 
communities north of 50 for the settlement of these 
communities, their present and future residents, and the 
surrounding environment. 

My experience in this inquiry underlies my belief that the 
Northern Land Commissioner should be given the freedom to adopt 
his or her own hearing and consultation procedures. I do not 



Indian People of the North 



4-20 



believe that the Commissioner should seek or fund extensive 
submissions or studies. The task of the Commissioner would, 
however, be greatly aided if he or she was empowered to appoint 
one or two Indian "assessors" with special knowledge of local 
lands and community needs. 

The Government of Ontario should, however, grant all surface 
and subsurface rights in the lands selected for grant to Indian 
communities. As a result, Indians would have similar rights in 
these lands as they have within the existing reserves. Ownership 
of all rights would provide protection to these communities in the 
event of mineral development. 

Existing rights to surface and subsurface interests should, 
however, be respected by the Northern Land Commissioner and these 
rights excluded from any land recommended for selection and 
grant. 

4.4 Recommendation: 

That the Northern Land Commissioner, In Identifying and 
recommending Crown land for grant to northern Indian 
communities, consider: 

- the adequacy of existing reserves for community needs; 

- current and future populations; 

- present and future community requirements for food 
gathering, housing, community facilities, water supply, 
energy, fuel, building materials, transportation and 
communications ; 

- existing surface and subsurface rights; 

- the needs of existing, contemplated or likely local 
businesses or economic development projects; 

- the views of the Indian community affected; 

- the need for buffer zones to shelter the community from 
adjacent resource development impacts. 

4.5 Recommendation: 

That on receipt by the Government of Ontario of the report of 
the Northern Land Commissioner, the Government of Ontario 
unconditionally grant all rights In the lands identified by 
the Commissioner to the Government of Canada in trust for the 
use, benefit and eventual ownership of the indicated Indian 
communities; and that after such grants have been made, the 
Government of Ontario be prepared to negotiate the 
unconditional granting of additional or alternative land if 
and when petitioned by representatives of northern Indian 
communities. 



Indian People of the North 



4-21 



The land to be granted by the province would continue to be 
subject to all provincial laws. However, because the Indian 
communities in the north of Ontario are now exempt from tax and 
have low incomes, they will for some time lack the capacity to pay 
either federal or provincial taxes. 1 believe that both federal 
and provincial Governments should confirm to exempt them from tax. 
Whether they should cease to be exempt when able to sustain the 
payment of tax is a question which should be resolved subsequently 
through negotiations between the federal and provincial 
Governments and the Indian communities themselves. 

A. 6 Recommendation: 

That all income earned by residents and businesses living or 
located on land granted by the Government of Ontario to 
Indian communities in the north be exempt from taxation until 
such time as the federal and provincial Governments agree, 
after consultation with affected Indian communities, that 
taxation if imposed would not discourage or lessen business 
or other economic development activities. 

There is one related matter which merits my attention at this 
juncture. I have heard evidence of the concern of Indians about 
prospecting activities which on occasion may have occurred on 
reserve land without notice being given or the consent sought of 
affected residents. Indian communities appear not to know very 
much about the actual nature of prospecting methods and about 
their effects on wild life, fish and forest. Some people appear 
to believe that prospecting is always followed by the development 
of a mine. Most prospectors would wish that this were true but 
they, like the Government of Ontario, can appreciate that 
prospecting activities can cause anxieties for Indian 
communities. 

I believe that if prospecting or mineral exploration is 
planned for lands occupied by Indian communities, those persons 
undertaking such activities should be legally obligated to give 
the communities affected reasonable advance notice, and a full 
explanation of the nature and timing of the activities proposed. 

4.7 Recommendation: 

That the Government of Ontario introduce legislation to 
require that those persons undertaking prospecting or mineral 
exploration on lands occupied by Indian communities give 
reasonable advance notice to the communities affected of the 
nature and timing of such activities. 

Expanding the "owned" land base of Indian communities 
addresses only some of their problems. How can their rights to 
hunt, fish and trap in treaty areas also be ensured? 

Quotas 

While the treaties guaranteed native people continued access 
to hunt, fish and trap, many native people emphasized to me the 



Indian People of the North 



4-22 



threat to their cultural traditions and a reduced ability to 
subsist is being brought about by government-imposed quotas. 

Quotas set by the Ministry of Natural Resources for 
commercial fishing and trapping refer to, not only a maximum but a 
minimum allowable annual harvest. The minimum must be met for an 
operation to continue to be licensed. Some native people told me 
they feel compelled to over-fish the lakes each year to satisfy a 
minimum government quota to retain their licence, thereby causing 
a negative impact on long-term harvesting potential. 

As Noah Atlookan pointed out at the Fort Hope hearing in 
September, 1983, Indians have sound environmental reasons for 
resisting quotas: "Why we are not... in a hurry to fish these 
lakes to send fish out to sell, we are going to he here for a long 
time. We are not going anywhere so we have to go easy on our 
lakes so we can live off of them in the future. The Ministry of 
Natural Resources sets a quota to send out fish by the loads every 
day and pretty soon if we do that... our lakes will be fished 
out." 

In rejecting the idea of a quota system, the native people 
also emphasized to me both the spiritual ties of living off the 
land and the essential cultural traditions which enhance their way 
of life and preserve a symbiotic relationship to the northern 
environment. 

The Pehtabun Chiefs Tribal Council noted the Indians' 
pragmatic use of resources - without the need for quotas - in a 
1983 submission to me which emphasized nature as the key to 
sustenance as well as tradition and culture: "It is because 
our way of life is at stake that we cannot allow any policy of the 
Ontario Government to place additional restrictions on the way we 
use the land. Otherwise, our civilization will be destroyed, and 
that not only would harm us, but everyone in Ontario . . . The 
truth of the matter is that European civilization and our 
civilization are quite different. Our civilization is based 
directly on the land — the plants, the animals, the birds and the 
fish. We use them to feed ourselves and our children, and this 
means that if the land is destroyed , we will die." 

As the Summer Beaver Settlement Council (1982) submitted: 

"We have protected our land and resources better than those people 
in the south and we can continue to do so." 

VHio better to deal with resource issues than the people who 
have co-existed successfully with nature's largesse and 
restrictions for centuries? Surely it is time for a renewed 
confidence in the ability of Indian communities to participate 
meaningfully in resource planning and land use decisions regarding 
their economy. 

As Chief Jim Diamond of the Ontario Abitibi Band told the 
Timmins hearing on November 24, 1977: "J think that companies 
and governments should consult with the Indian people before they 
do anything to our land. We were here first. We live on the land 



Indian People of the North 



4-23 



and we understand that land. We have been pushed further and 
further north. Pretty soon we will have no place to go. 

The Ministry of Natural Resources' quota system is one of the 
most prevalent native concerns and has served to widen the 
distance between native and non-native co-operation. Here, 
certainly, is an example where strife and dissatisfaction could 
have been avoided had the native people been consulted first. 

It is my belief that if these feelings of mistrust and 
misunderstanding are to be overcome, the Ministry must begin the 
training and hiring of native conservation officers. This 
proposal has been endorsed by a number of native submittors to the 
Commission from communities such as Sachigo Lake, Fort Hope and 
New Post Band. 

I am of the opinion that the long-standing ability of native 
people to manage their own resource harvesting and to monitor user 
pressure has not been sufficiently recognized. I envisage the 
need for at least one officer per community use area. 

The Indian Conservation Officer would not only strive for 
mediation and compromise among conflicting resource parties 
regarding development of an appropriate quota system. Native 
people north of 50 would have official, knowledgable and local 
spokespersons to ensure equitable involvement in such matters as 
resource data collection, fieldwork, surveys and interpretation. 
The Indian Conservation Officer would ensure that native 
participation was meaningful throughout planning and resource 
management projects. 

4.8 Recommendation: 

That the Ministry of Natural Resources train and employ 
Indian Conservation Officers. 

The presence of knowledgeable Indian Conservation Officers 
would, I believe, lead to a better understanding among competing 
resource users of the value of subsistence activity and resource 
gathering in Ontario north of 50. It would also help provide a 
means of two-way communication between native people and the 
provincial Government concerning environmental impacts on 
subsistence activities north of 50. I believe such officers would 
help mediate and seek compromise among conflicting resource users' 
quotas; they would also disseminate knowledge and encourage 
participation in planning at the local community level. 

Indian Conservation Officers should have adequate training at 
a northern educational facility offering courses in resource con- 
servation, management, government planning policy and native sub- 
sistence activity. They should play a key role in the hiring and 
training of native staff to assist in the management of hunting, 
fishing and trapping activities by native communities north of 50. 

4.9 Recommendation: 

That the Ministry of Natural Resources establish special 
committees to advise the Ministry on research, planning and 



Indian People of the North 



4-24 



resource management matters as these pertain to Indian 
communities; and that Indian Conservation Officers be among 
the persons named to such committees. 

There are economic, environmental and humane reasons for 
affirming the Indian communities' priority resource harvesting 
rights, whether for subsistence or commercial purposes, in land 
areas adjacent to their communities. 

The Government of Ontario does not consider that the Indian 
rights to hunt, fish and trap are exclusive or have any priority 
over rights to engage in similar activities which may be granted 
by the Government. Further, it would appear that there may be 
legal restrictions on the right of Indians to hunt, fish and trap 
where the products of these activities are sold commercially. 

Resource developments and related transportation systems have 
increased non-Indian hunting, fishing and trapping activities. 
Stocks of fish, game and wild life have been reduced as a result. 
The incentive I believe for Indians to continue hunting, fishing 
and trapping in treaty lands has diminished because of reduced 
returns and the lack of Indian control over traditional gathering 
areas. 

I have spoken elsewhere in this report about the importance 
of traditional food gathering to the Indian communities of the 
north. Hunting, fishing and trapping are key activities in food 
gathering which have been relatively ignored by the Government of 
Ontario's resource allocation policies and decisions. This has 
contributed to the erosion of standards of living in Indian 
communities. 

I considered a number of ways in which Indian rights to hunt, 
fish and trap could be protected from other resource users. The 
land areas I have recommended that the Government of Ontario grant 
to Indian communities will only provide limited secure opportu- 
nities for hunting, fishing and trapping. The Governments of 
Canada and Alberta, in recent agreements, have granted large areas 
of land to native groups for ownership and in some instances for 
management in order to secure native opportunities to hunt, fish 
and trap. I have concluded that the Government of Ontario must 
take steps to protect the rights of Indian peoples in the north to 
continue hunting, fishing and trapping on reasonable and produc- 
tive land areas before other resource users totally frustrate the 
possibility of such activities continuing. Protecting these 
rights, which in law I would think is supported by the treaty 
obligations of the province, will also have economically benefi- 
cial repercussions for Indian communities. It will mean that 
those Indians who choose to hunt, fish and trap whether for 
personal consumption, community use or commercial purposes, will 
have priority rights to engage in these activities, subject only 
to conservation controls acceptable to the community. In a sense, 
what I am about to recommend would eventually involve the Indian 
peoples as the managers of the fish, game and wildlife they gather 
and the areas in which this gathering occurs. 



Indian People of the North 



4-25 



I heard many calls at my hearings for protection of native 
traditional resource uses. At the Kingfisher Lake Hearing on 
June 14, 1983, the need for additional lands for Indian use was 
presented by Noah Winter, Band Administrator for the Kingfisher 
Lake Band and President of Kingfisher Lake Socio-Economic 
Development Corporation: "... We, the native people of 
Kingfisher Lake, vecommend to the Royal Commission that the 
surrounding area be used solely for the inhabitants of the area 
whiah are the members of Kingfisher Lake Band. This will act as a 
resourae base to continue our native livelihood as much as 
possible; this land and its natural resources will act as a base 
for some of our economic development aspirations. This will also 
act as a base to continue and preserve our unique cultural 
heritage which we now enjoy. In order to make this possible we 
need to control and manage the said land with no interference from 
outside government regulations. What we ask, Mr. Commissioner , is 
nothing new. We ask only to leave the land to us as it has been 
for the last hundreds of years." 

4.10 Recommendation: 

That the Government of Ontario designate community use areas 
in the province north of 50 in which hunting, fishing and 
trapping by Indian persons would have priority over other 
resource users, subject to Recommendation 4,11 to 4.14. 



The community use areas I am recommending should encompass 
those lands on which the residents of an Indian community rely for 
fish, game and wildlife. I believe that community use areas may 
vary in size and location depending upon the productivity of the 
land and waters and conservation needs. 

I received evidence from a number of Indian communities of 
both current and historic resource use patterns in areas 
surrounding their communities. Indians have had to hunt and trap 
over extensive areas of land in order to achieve what at times 
were only subsistence returns. I do not propose that gathering 
areas should be designated for all the land that has been used at 
one time or another for hunting, fishing and trapping by Indian 
people. Rather, community use areas should encompass those areas 
in which an Indian community is actively carrying on these 
pursuits. 

I leave to the Government of Ontario the decision as to 
whether or not implementation of my recommendation for community 
use areas should occur by way of legislation or could occur under 
the considerable discretion the Government now has in determining 
resource uses on Crown land. In either event, the procedures 
governing the designation of community use areas should be clearly 
spelled out and publicized in ways the Indian people of the north 
can comprehend them. This may require dissemination of such 
procedures in Indian languages. 

4.11 Recommendation: 

That the Government of Ontario establish procedures for 
designation of community use areas by the Ministry of Natural 



Indian People of the North 



4-26 



Resources; that such procedures be activated by an 
application by an Indian community located north of 50 and 
that the Ministry designate the Community Use Area as applied 
for within 90 days of the application If It has received 
evidence of the community's reliance on the area for hunting, 
fishing and trapping. 

As communities wished to vary the size and location of their 
community use areas, they would again apply for modifications or 
new designations as necessary. 

Those persons holding resource use or occupany rights 
previously granted by the Government should not, of course, be 
affected by the designation of community use areas. Nor should 
the existence of a community use area preclude public access 
across the land area designated. 

4.12 Recommendation: 

That the Ministry of Natural Resources exclude from any area 
designated as a community use area any existing rights of 
use of occupancy and nake provision for easements to permit 
public access along water ways and reasonable public 
recreational and tourism uses which are not likely to 
impinge on fishing, hunting and trapping by members of the 
Indian community for whom the designation of a community use 
area was made. 

As I have already indicated, I would expect that the 
management of fish, game and wildlife stocks in community use 
areas would eventually become the responsibilty of the Indian 
communities themselves, and in particular, resident Conservation 
Officers. 

To prevent the continuation of disputes over the placing by 
the Ministry of restrictions on levels of hunting, fishing and 
trapping, I have concluded that there must be provision for 
independent determination of the appropriateness of such a 
restriction. The idea of an independent biologist which was 
contemplated by the now defunct Fishing Agreement accepted by the 
Government of Ontario in late 1983 suggests what might be an 
acceptable approach. 

4.13 Recommendation: 

That the Ministry name an independent scientist acceptable to 
affected Indian communities whose decisions on the 
appropriateness of any restriction on levels of hunting, 
fishing or trapping would be binding on all parties. 

The possibility will no doubt arise of other resource uses in 
designated resource use areas. I do not believe that such 
uses, whether they involve forest cutting, mineral exploration, 
mining or the construction of an outpost tourist camp should 
necessarily be precluded in designated gathering areas. Whether 
such resource uses proceed should however be determined by the 
Northern Development Authority which should act on behalf of the 



Indian People of the North 



4-27 



affected community in negotiating a resource use agreement with 
the developer. As I have recommended elsewhere in this report, it 
is most likely that any alternative resource use proposed for a 
community use area would be deemed to be a significant undertaking 
under the Environmental Assessment Act and require accordingly an 
assessment in conformity with this legislation. 

4.14 Recommendation: 

That In Che event of any resource use other than fishing, 
hunting and trapping by the affected Indian community and its 
residents being proposed for a designated resource use area, 
that a precondition of such use be the negotiation of a 
resource-use agreement between the developer and the Northern 
Development Authority. 

My recommendations for the granting of additional lands to 
Indian communities and the designation of community use areas for 
their hunting, fishing and trapping activities would, if implemen- 
ted, greatly contribute to the capacity of Indian communities in 
the north of Ontario to move towards greater self-sufficiency. 
There would also be a related increase in the perception of people 
in these communities about their capacity to control and influence 
their own destinies. These are recommendations, in other words, 
which would go some distance in helping to break the current 
feelings of hopelessness and despair which plague too many of our 
northern Indian communities. 

EDUCATION 

A brighter future for Ontario's Indians depends in large part 
upon improved and expanded educational opportunities. There can 
be no question about the failure of the white man's education 
system to adapt itself to the realities of Indian life. However, 
in speaking of Ontario's moral obligations to its original 
inhabitants, it would be unfair and unwise for us to assume the 
worst in the intent of past governments' actions. I believe we 
are witnessing today the results of action, undertaken not in 
malice or indifference, but rather in misguided but well-meaning 
ignorance of the impact of forcing one culture's values upon 
another. 

No greater example of this exists in white-Indian relations 
than in the evolution of native education. More than any other 
issue addressed to me was the concern expressed by mothers, 
fathers and elders for the future of their children. 

In different ways and emphasized with tautness of lips, 
furrowed brow and impassive eyes, they repeatedly directed 
attention to their unprepared, untrained and unemployed youth, who 
are controlled by the educational system of the south. The 
following quotes from native parents illustrate their concerns: 

"Look around you — our youth have learned they do not have 
to work to subsist," 



Indian People of the North 



4-28 



"Removed from native training and placed in schools 
controlled by government y our youth have lost the art of 
self-sufficiency ." 

"When our Grade 8 students go south they are told they 
have to be upgraded to enter Grade 9." 

"If they go south for employment they rarely obtain 
work, except on the lowest rung of the ladder y and 
finally return home disheartened or alcoholic." 

"The educational system, controlled by you, has estab- 
lished for us a lost generation that we are left to 
live, grieve and deal with through degrading welfare and 
as parents find that the child has been spoiled, has 
become unfit for the daily tasks of survival, and is 
virtually impossible to understand." 

These statements are serious condemnations of the 
Government's decision to administer white education to native 
children. The current situation demands a serious review which 
concentrates onimmedirate-Jjiitiatives and action, with full native 
input . 

The British North America Act of 1867 listed specifically 
among the powers of Parliament, responsibility for "Indians and 
lands reserved for the Indians" (Section 91). Although 
Section 93 called for education to be an area of exclusive 
provincial jurisdiction, both levels of Government agree that 
responsibility for the education of the Indian living on reserves 
resides in the federal domain. However, the Indian Act provides 
that the Minister of Indian Affairs may share delivery of 
education with other groups — most pertinently here, the 
province. 

The Impact of the Whiteman's Education 

The image of the slovenly, lazy, drunken Indian — the 

unfortunate result of those who leave the reserves uneducated and 

hence unprepared for urban life in the south — unjustifiably 
burdens all Indians. 

Rejection by the greater society plays its part in making 
life difficult for both children and adults going out to school. 
The loneliness of a child of any age away from home is increased 
when he/she is made to feel inferior. Insecurity and shyness 
become overwhelming. In such impressionable years, these changes 
become exceedingly dangerous and often cause severe identity 
crises. 

There are families in all northern reserves who have 
experienced major disappointments when they sent their young 
people to high schools in the south. In those rare instances 
where an individual has gone through the system to obtain a high 
school or university education, his or her success has been 
achieved in spite of the present system, rather than because of 
it. The personal strength of the individual or his or her family 



Indian People of the North 



4-29 



in overcoming the loneliness, prejudice and ridicule of 
Euro-Canadian society has, in almost every case, been the sole 
cause for success. 

A native teacher along the Hudson's Bay coast recalled to me 
her years away from home in high school, and the loneliness she 
experienced. She said: "On several ooaasions I walked street 
after street looking for a native family, and when I finally found 
one I invited myself in and unloaded my desperation. You cannot 
imagine how wonderful it was for me to be among people of my own 
culture for that short respite. We became close friends." 

In Fort Severn, a father explained the loneliness of his 
daughter attending high school in Thunder Bay. She pleaded to be 
allowed to come home. Determined it was in her best interests to 
get her high school diploma, he telephoned her long distance every 
day to assure her that they were thinking of her. He hoped to 
uplift her spirits to continue but, in the end, lacking friends 
within the school student body, the girl went home. 

"There is no friendship , no love, like that of the parent for 
the child." H.W. Bucher 

As the parents become more aware of the progress and benefits 
derived from a good education, they more readily accept this as an 
alternative to their own traditional way of life and learning. 
However, this happens only in some cases, when a graduate is 
fortunate enough to find a job that will fulfill his/her training. 
All too often the benefits of education are not observable because 
trained and educated offspring find they have no work to which to 
return. They then face either the demands of complete integration 
into the mainstream of southern society or continuous unemploy- 
ment, having forfeited the family's training in living off the 
land. 

The pain of complete deculturization was described by Chief 
Emile Nakogee of Attawapiskat . "Many of our children have left 
the reserve. Many of them never return. Many of them have 
forgotten their mother language. All of these things happened 
because of the white man's education, an education system that was 
forced upon us. For myself, personally, I have been forced to 
accept this education system. But it has made me sad. Over and 
over I had been told that a high-school education is important and 
that it is a good thing. Because of this, I encouraged three of 
my children to go out to high school. They did leave the reserve 
to attend high school. These same three children have forgotten 
their own mother and father. That is not a good thing." 

Having by necessity to move into and live with another 
culture during high school years away from his/her peers, the 
student encounters another cultural shock when he returns home 
after many months' absence. The mother tongue has not been 
developed and may even be partly forgotten; yet possibly no 
English is spoken in the parents' house. Survival skills 
required in the northern environment have not been acquired by the 
child. At the same time, the education of the white society is 
found to be of little use in the north because It does not 



Indian People of the North 



4-30 



relate to the daily life on the reserve. The student misses many 
comforts of the city: on the reserve there is no running water, 
no variety of stores and little entertainment. The parents, on 
the other hand, find it difficult to relate to their child. They 
cannot fathom the benefits of white education. They note that the 
young people who stay at home are able to support families because 
of their training in the traditional ways. The educated child is 
of little immediate material use. Friction between child and 
parent results. The child sees life on the reserve with different 
eyes and the parents suggest that the child has been spoiled, has 
become unfit for the daily tasks of survival, and is virtually 
impossible to understand. 

Indelibly imprinted on my mind during the hearings held in 
native communities are the courteous but impassioned presentations 
made by the elders, mothers, fathers and young people. Devoid of 
any angry rhetoric, they eagerly responded to the opportunity to 
explain the bewilderment and real alarm they feel about the 
control which government is exercising in almost every conceivable 
manner over their lives. This is particularly so because, to 
them, the educational process has proven to be a half measure. 
They are disappointed with the "product" they have patiently 
awaited, notwithstanding the long years their children have 
attended school, finding instead that they are still unprepared to 
achieve a useful and fulfilling future. 

Their messages carried an imploring quality asking the hearer 
to understand their situation and plight, repeatedly centering on 
the future of their youth and children. One of them quoted 
Abraham Lincoln in making his point: "You cannot build 
ohavaotev and aourage by taking away man's initiative and 
independence. You cannot help men permanently by doing for them 
what they could and should do for themselves." 

While Indian parents also want success for their children, 
progress within the educational system is not necessarily seen as 
the best route, although this viewpoint is growing. The 
administrators and educators, in the main, are not from the same 
background as their students. Their culture, values, aspirations, 
and lifestyle differ. The parents are placed in a conflict 
situation wherein they want their children to do well but 
became confused when their children reportedly "did well" and, as 
a result, became alienated from them. The students' experiences 
are foreign and cannot be shared. Their attitudes and values 
begin to shift. In the extreme, the fact that they are Indians 
may seem to them a cause for distress, rather than a reason for 
pride. It is no wonder that parental support for continuance of 
education may be less than wholehearted. To knowingly encourage 
your children to adopt new ways and grow away from you is not a 
course many people would undertake willingly. 

If the children are spending their days in school, they also 
lack the time and opportunity to learn the traditional skills of 
their parents — skills which are still necessary. The family 
still must gain part of its livelihood in the old ways, since 
alternative employment and income are not available. Particularly 
if the children leave home to attend school (as they must if they 



Indian People of the North 



4-31 



wish to go beyond the intermediate grades), their energy and 
skills are lost to the family — precisely at the time of their 
life when in former days they would begin to contribute 
significantly. 

Since it was introduced in the north, "white education", like 
most other administrative programs, has been delivered to native 
people "from the top down". The fallacy of this approach is that, 
however good a program might be, it is alien to the recipients 
unless they have the opportunity to participate in its planning 
and direction. Communities tend to feel more involved with the 
educational system where the school buildings were actually built 
by local people, ( e.g. , Summer Beaver and Attawapiskat ) , and even 
more so where the general design of the school building program 
can be associated with their way of doing things. More important 
is the lack of any real managerial control over what the 
educational system does. 

It has been assumed for too long that white society has an 
educational system which, with minor alterations in Ottawa or 
Toronto, can be adapted to meet the needs of all residents of 
northern Ontario. Given the immense differences between white 
culture and Indian culture, Indian people are justified in 
striving for control over their children's education and regarding 
it as a fundamental human right and responsibility of parenthood. 

Today there are approximately 8,000 students in the 
elementary and secondary schools located north of 50. Of these 
5,000 (62.5 per cent) are native students. The number includes 
approximately 4,400 students enrolled in elementary grades. Of 
the 600 attending secondary schools, 480 (80 per cent) are in 
Grades 9 or 10. 

While there has been an increase in the number of Ontario 
Indians attending and graduating from post-secondary institutions, 
there remains a marked contrast between the attainment levels 
achieved by the Indian and white populations. 

As illustrated in following tables for the 1980/1981 school 
year (the latest census figures available), only slightly more 
than one-third of status Indians aged 15 and over who had 
completed their educations achieved better than a Grade 8 level. 
By contrast, two thirds of the white population of the same age 
group had more than a Grade 8 education. While status Indians 
south of 50 had attained educational levels equal to the 
non-natives of the north, they still lagged behind the southern 
white population significantly. 



Indian People of the North 



4-32 



EDUCATION: Table 1 



Percentage Distribution of Population* 
Out of School and Aged 15 and Over 

BY HIGHEST LEVEL OF SCHOOLING ATTAINED 



1981 



% with Grade 
8 or less 

More than 
Grade 8 

Total 



North of 50 ** 


South of 50 


Status Indians 

64.2 

35.7 

100% 


Non-Natives 
33.2 

66.8 
100% 


Status Indians 
33.2 

66.8 

100% 


Non-Natives 
20.8 

79.2 
100% 



1971 



% with Grade 
8 or less 

More than 
Grade 8 

Total 



North of 50 ** 


South of 50 


Status Indians 
89.3 

10.8 

100% 


1 
Non-Natives 

32.3 

67.7 
100% 


Status Indians 
57.2 

42.8 
100% 


Non-Natives 
32.6 

67.4 
100% 



Source : Custom Tabulation prepared by the Census Division, Statistics 
Canada, from data collected in 1981 Census and the 1971 Census. 

* The population in each Census year is comprised of all those out of 
school since September of the year preceeding that Census year and 
aged 15 or over in that Census year. 

**For a more detailed breakdown of the schooling attained by the north 
of 50 population see Table 2. 



Indian People of the North 



4-33 



EDUCATION: 



Table 2 



Percentage Distribution of Population 
Out of School and Aged 15 and Over 

BY HIGHEST LEVEL OF SCHOOLING ATTAINED 



North of 50 



Grade 8 
or less 


Less than 
Grade 5 

Grades 5-8 


Status 
Indians 
1981 


Non-Natives 
1981 


Status 
Indians 
1971 


Non-Natives 
1971 


34.5 
29.7 


4.4 
15.1 


62.8 
26.5 


6.4 
25.9 


More than 
Grade 8 


Grade 9-10 

Grades 11-13 

Some Post- 
Secondary 
Non-University 
(includes 
trades training 
certificate or 
diploma; non- 
university) 

Some University 
(includes 
certificate 
programs) 

University with 
Bachelors 
Degree or 
higher 


18.4 
7.1 

7.8 

1.8 
.6 


17.7 
22.8 

26.8 

5.7 
7.2 


7.5 
2.3 

.4 
.6 


27.3 
19.9 

13.2 

4.4 
2.9 


% Totals 
(Rounded) 




100% 


100% 


100% 


100% 



Source: Custom Tabulations 1981 Census. 



Indian People of the North 



4-34 



EDUCATION: Table 3 



Proportion of Population 15-19 

Attending School During the 1980-81 

School Year* 







Number at 
School 


Population 
15-19 


% at 
School 


North of 50 


Status Indians 


555 


1,885 


29.4 


Non-Native 


700 


1,070 


65.4 


South of 50 


Status Indians 


4,320 


6,735 


64.1 


Non-Native 


574,865 


790,435 


72.7 



Source ; Custom Tabulations 1981 Census. 

*Attendance is measured in response to the Census question 35, 
"Have you attended a school, college or university at any time 
since last September?" Responses include full-time attendance 
and part-time attendance at all elementary, secondary, and 
post-secondary educational institutions and trade and technology 
training facilities. 

Improving the educational level of northerners is a beginning 
to a solution of the endemic unemployment in the north even though 
current unemployment rates are high. The low level of secondary 
and post-secondary educational attainment for the status Indians 
north of 50 can be attributed to the lack of basic educational 
opportunities available to them. 

THE NEED FOR CHANGE 

I have concluded that it is unthinkable and savage for us to 
presume to meddle with or disturb the culture and lifeways of a 
people who have existed since time immemorial unless we employ the 
greatest of respect and caution through honest communication with 
those affected as we try to establish — with their full 
participation — an educational system which incorporates broad 
mutual understanding. In this attempt we must be guided by the 
finest, most dedicated and practical educators we can assemble. 
The northern people have an inherent ability, founded on their 
natural attentiveness , to respond heartily to the concept of 
education. Their intellectual capabilities, memory and interest 
are highly developed and deserve to be honored. 



Indian People of the North 



A-35 



Not only did the Euro-Canadian society formulate the 
institutions which govern the education and lives of Indian people 
today, but it imposed those institutions arbitrarily without 
establishing a mechanism for them to be changed in accordance with 
the needs and desires of the native people. The end result is 
that Indian people have been reduced from self-sufficiency to 
dependency on people of another culture. 

A representative view of what the people of northern Ontario 
think about local control over education was expressed by Grand 
Council Treaty // 3 at Commission hearings in Kenora: "My 
people must control their oim system if they are to make 
changes.... We want to decide on the objectives of education. We 
want to choose the curriculum and the methods of teaching. We 
want Indian control of Indian education. The reason for this is 
simple: We want to use education to regain control of our lives. 
We know that until our children become doctors and nurses, our 
health will be in jeopardy. Our homes on reserves will not be 
designed for comfort and safety until there are Indian engineers. 
Our legal system will not be just until we have Indian lawyers, 
public officers and judges. Through our own system of education, 
our children will have the access to jobs. They will have the 
means to communicate and unite. They will have strength in 
politics, and the freedom to live where they want to live." 

As noted elsewhere in this report, I believe a viable future 
for Indians north of 50 depends on their involvement in planning 
and decision-making for economic development. I also believe that 
their effective involvement is dependent on a sound education. 
Developing a more effective education system to which Ontario 
natives can enthusiastically respond is one of our greatest 
challenges. 

Education and economic policies should not be treated 
separately: they are two sides of the same thing. As Dean Rusk 
told a conference on economic growth and investment in education 
in 1962: "education is not a luxury which can be afforded 
after development has occurred; it is an integral part, an 
inescapable and essential part, of the development process." 

A NEW APPROACH 

An effective attack on the problems of native education must 
Include the elementary, secondary and post-secondary school 
levels. 

For the native student, all post-elementary education takes 
place within provincially-administered institutions. If the 
native child is to receive an education on a par with his white 
counterparts, the native elementary schools which prepare students 
for entering such institutions must be on a par with those 
elsewhere_.^ While foc^ a number of ^gal ajod" economic reasons I 
believ^ the' federal^ Government sh6uld continue to bear fiscal ,*■* 
native child is to receive an educatipff on a par with his white \ 
counterparts, th^' native elementary scfiools vjtrich prepare students 
lor entering Xuch institutions must be y^n a ps^r wit]i those 
elsewhere. While for a number of legal and economic reasons I 

Tndian People of the North 



4-36 



believe the federal Government should continue to bear fiscal 
responsibility for native education, I believe the following 
recommendations should be implemented by the Government of 
Ontario. 

4.15 Recommendation: 

That elected school boards be established in each Indian 
community to be responsible for the administration and 
delivery of educational services at the local level. 

It is obvious to me that major curriculum changes are 
required if native schools are to become more relevant to the 
native people, their traditions and their environment. A more 
relevant curriculum could be an effective tool in preserving 
traditional culture and skills. It could also go a long way 
towards solving the current truancy problems. 

4.16 Recommendation: 

That the Indian community school boards, in conjunction with 
the Ministry of Education and native parents, establish a 
special curriculum for community schools which is on a par 
with provincial standards but which also accommodates the 
traditional culture. 

4.17 Recommendation: 

That Indian community school boards and the Ministry of 
Education recruit teachers from qualified members of the 
community. 

I believe it is imperative as well to stop the practice of 
forcing students to leave home and family at a critical time in 
their lives in order to further their education. Giving these 
students another two years of study within their own communities 
would assist them in gaining self-confidence, self-discipline and 
the maturity to venture forth from their familiar and familial 
surroundings. The building of special facilities need not be the 
only option when much could be done using TV Ontario and/or 
educational videotapes. 

4.18 Recommendation: 

That Indian community school boards in northern communities 
provide Grade 9 and 10 within the community. 

These changes, if conducted thoroughly and with great 
attention to community consensus, would yield a more mature, 
better prepared, self-disciplined and fully bi-cultural 14- or 
15-year old leaving the reserve for further education. Self- 
discipline and self-motivation are the only ways to overcome the 
problems of lack of supervision outside of school hours when 
students are away from home. (Self-discipline is also a 
traditional native characteristic.) 



Indian People of the North 



4-37 



To ensure Che success of the educational program, of course, 
there must also be changes in the living and economic conditions 
of the communities since the real possibility of a job is one of 
the best motivations for getting a student to study. 

Elders and parents fully appreciate that secondary schools 
cannot be justified in all their small communities and, while it 
would be preferable if they could, such small secondary schools 
would not offer the normal level of educational options available 
in a larger school. 

I received enthusiastic support when I introduced to them my 
concept of developing an educational community centred on a first- 
class high school with technical and vocational options. Located 
in a remote location on the shores of a large lake with a 
connecting river system, it would be removed from interfering 
politics where, amongst their own peers, the limits sponsored by 
prejudice are negated and where courses in their culture and other 
pertinent options including out-of-school programs would be 
available. 

Subject to affirmation by the native people in Northern 
Ontario, I recommend: 

4.19 Recommendation: 

That the Province of Ontario move immediately to approve the 
construction of a first-class high school with technical and 
vocational options at a remote location selected by 
representatives of Indian community school boards. 

Subject to affirmation by the native people in Northern 
Ontario, I believe the following considerations and requisites in 
planning and construction should be reviewed to assure the 
objectives of the program will fulfill the breadth of their 
educational and training needs: 

1) School Board 

A Regional School Board should be incorporated with eight 
trustees elected in the Pehtabun, Windigo, Kayahna, Central 
and James Bay Tribal Council Areas on the basis of 
population; and four designated by the Minister of Education. 
The latter should not be civil servants. 

2) Curriculum 

In a residential setting such as is proposed here, the 
curriculum will have two aspects, the school program, and the 
out-of-school activities. 

It would be impossible to overstate the importance of 
ensuring native input into the process of curriculum building 
and regular curriculum evaluation. 

The school program must be designed to meet the unique needs 
of native students. It is recommended that there be a core 



Indian People of the North 



4-38 



curriculum of skill subjects (the "three R's") — that body 
of skills and knowledge which will guarantee the graduate 
access to training for professions in medicine, dentistry, 
law, nursing, etc. and the trades at the post-secondary 
level. Most, if not all, of the remaining school program 
should relate to the culture and lifestyle of the native 
community (native history, language, legends, natural 
science) . 

Instruction in the school program's core subjects must be 
individualized to permit Grade 9 students to progress from 
whatever achievement level they demonstrate step-by-step 
through the course of study. This accommodation is necessary 
because of the various educational standards experienced by 
northern native elementary school pupils. This approach will 
help to eliminate the upgrading or "catch-up-year" which is 
so common for native students entering our "outside" 
secondary schools and which has been so damaging to their 
self-image. 

The out-of-school program should include instruction in such 
native-oriented courses as native art; handicrafts; dance; 
hunting and trapping; preparation and preservation of food; 
amd music, as well as supervised sports and recreational 
activities. 

The school year cannot logically fit the June-September 
format of white communities because of Indian requirements 
for gathering activities. Rather, school days and holidays 
should be designated to satisfy the demands of native 
opinion, custom and lifestyle. Individualized instruction 
will accommodate this requirement. 

3) Support/Training Programs 

I am of the opinion that this unique educational approach 
will allow students to be involved in all aspects of their 
school and their community. For this reason, the following 
support services and facilities will also serve as a form of 
study and apprenticeship for native students: 

a) Eight-room native-operated motel with dining facilities 
to accommodate visitors and to be used as a teaching 
facility for tourism services and management; to include 
resort management and tourist guide training. 

b) Native Ontario Provincial Police with police training 
facilities for native recruits. 

c) Fish and Wildlife Conservation officer training. 

d) Management and administration of wilderness parks. 

e) Experimental Demonstration Projects into appropriate 
technologies for the north: agriculture specialization 
with vegetables which can be grown in a short season; 



Indian People of the North 



4-39 



energy-wind generation: solar heat; housing - northern 
log model. 

f) Sawmill to produce building supplies, such as dimension 
stock and fitted logs for housing as part of a practical 
forestry course which includes logging, sawing, 
reforestration, forest care and management. 

g) Fish plant with freezer and ice house to contribute to 
the school's food supply and as part of a seine net 
fishing course, to demonstrate the rigid process and 
rules necessary for this exacting activity to be 
successful. 

4) Physical School Plant 

Native selection of school site (on or near Esker or End 
Morain); 

Native committee to guide and finally determine the 
architecture acceptable; 

Native committee to guide decision of building materials to 
be used (e.g., logs taken from the area, if available); 

Provision for Grades 9 to 13 classrooms; 

Provision of small elementary school to accommodate children 
of staff; 

Library, shops, computers and facilities; 

Recreational complex - gymnasium, arena with artificial ice, 
swimming pool, bowling, archery, pool tables, music room, 
piano and musical instruments, study room, art room; 

Outdoor sportsfield and track. 

5. Other Supporting Needs 

Housing for students, all of whom will live in, be provided 
preferably in small units to accommodate 10 to 12 students 
each; 

Housing for educators, instructors, and support staff to 
conform with overall setting; 

Cafeteria; 

Laundry and dry cleaning facilities; 

Incinerator for refuse; 

Sewer and water treatment plants; 



Indian People of the North 



4-40 



Aircraft landing strip; 

Medical centre with doctor, dentist and nursing care; 

Central heating plant (fuel - cord wood, woodwaste from 
sawmill) ; 

Fire Hall — equipped with fire-truck. Fire chief (possibly 
same person as plant superintendent) to drill classes in fire 
safety and control, including airport ; 

Maintenance shop. 

6. Staffing 

The Ontario Ministry of Education should publicize and 
promote the Northern Regional High School by inviting and 
encouraging dedicated educators to take up the challenge to 
make this major educational project in the north a successful 
model for the native people, the province and the nation. 

Once the classroom door is closed, the teacher controls the 
events which either encourage or discourage students from 
acquiring the knowledge they must incorporate. The role of 
teachers in shaping the future social, economic and cultural 
development of Indian communities should not be 
underestimated by anyone. 

This education proposal cannot be contemplated in half 
measure. If we are to eradicate the inequality and to inspire 
hope for changes at this juncture which will both exhibit the 
Government's determination to meet the challenges of a lost 
generation and reverse the welfare culture imposed throughout the 
north, then our efforts must be enlightened, refreshing and 
reassuring. 

I must reiterate the desperate need to restore strength and 
animation to the spirit of our northern Ontarians who have always 
recognized and respected education as a means of attaining 
personal independence and self-respect. There is still time to 
afford them the tools both cultures know and regard as necessary 
to understand and participate in this world. 

A vocational/technical high school with facilities which 
enable educators and instructors to provide diversified courses 
relative to the local environment and the world at large — as 
seen from the people's perspective and founded with their support 

will produce dramatic results. Excellence will nurture and 
develop excellence. 

At last to be afforded equality within their own setting and 
culture, to participate in the construction of a first-class 
educational complex knowing it will be led by dedicated educators 
and instructors, will generate the spirit and will of Ontario's 
northern native young people toward preparedness and achievement. 
The northern native people can feel assured that they will be 
relieved of their anxiety for the future education of their 



Indian People of the North 



4-41 



children and grandchildren. I am convinced elders and parents 
alike will effectively illustrate their determination to make not 
only the high school a success, but will become more directly 
involved in the elementary schools on the reserves to better 
prepare their children for high school. Success is the outcome of 
spirit initiated early in life and first generated from within. 

The students should have the further opportunity to learn and 
understand the operation and management of any or all of the 
supporting facilities of the school, be it the cafeteria, the 
laundry and dry cleaning, the incinerator, the sewer and water 
plant, the airport, the nursing station and St. John's Ambulance 
training, the central heating plant and the maintenance shop, all 
of which will become valuable to them and the future development 
of their home communities. 

The Theme of the school could well be: 

"THE DOOR IS OPEN TO CURIOSITY AND CREATIVITY". 

There is every reason to believe that the students from a 
Nishnawbe Aski Alma Mater could compete with the rest of society 
in academics and entrepreneurship in a cradle of options dealing 
with northern resources, athletics, art, music and culture. 




Indian People of the North 



CHAPTER 5 



THE NORTHERN FOREST 



We come now to Che heart of the matter: the boreal forest. 
Within that forest, as In any other, there is one unshakeable 
truth: If you cut down a tree and don't make certain another 
grows in its place, the forest disappears. I stress such a 
seemingly self-evident fact because successive government and 
forest products companies have ignored it since the first axe bit 
bark, in this province. 

In earlier days, this was an easy fact to forget — the 
forest stretched in endless waves, forever; people really did 
believe it was so immense that it would always be there. In the 
light of present-day knowledge, however, that view is not 
supportable. 

Nonetheless, government and companies go on allocating and 
cutting trees on the basis of phantom estimates of what is there 
and how long it will be available for use. It's always possible 
to make figures support a given goal; but reality is relentless: 
unless we begin acting as if we believed, once and for all, that 
the forest, like any other living thing, is finite and fragile, we 
will destroy it, just as we have destroyed the forest of mighty 
pines that covered much of southern Ontario a century-and-a-half 
ago. And, if the tree isn't there, no amount of political 
rhetoric or public relations gloss will make it grow. 

I have concluded that the existence of a perpetually renewing 
boreal forest is a crucial element in any serious plan for the 
future survival of not just the northern environment, but the 
province as a whole. That existence is, I have found, seriously 
threatened. The consequences are severe. Through the boreal 
forest flows much of our water supply, wherever we live in the 
province. The forest undoubtedly plays an important role in main- 
taining the very air we breath; it is also home and a source of 
sustenance for the majority of the people living in the north. It 
is the engine of one of our most important industries, providing 

many Ontarians with jobs and income. It is far too late for hand- 
wringing so I am suggesting a variety of measures to deal with the 
damage that has already been done and to halt further depletion of 
the forest. 

THE BOREAL FOREST 

One must first understand what the boreal forest is and how 
it has been used. A detailed description of Ontario's boreal 
forest is available in the North of 50; An Atlas of Far Northern 
Ontario published by the Commission. For this report, it is 
sufficient to say that the major stands of Ontario's boreal forest 
lie south of the 52nd parallel of latitude in the western reaches 
of Ontario north of 50 and comprise some 9,700,000 hectares of 
trees. Described in The Forest Resources of Ontario , the standard 
work in the field: "This forest Ts primarily composed of 
conifers, with white and black spruce the characteristic species. 
Balsam fir, jack pine, white birch and trembling aspen occur 
throughout this forest region ... As it passes from the 



The Northern Forest 



5-2 



Preoambrian Shield to the Palaeozoic sedimentaries of the coastal 
plain to the north and east y the forest becomes transitional in 
nature. Occupying an area of flat topography and poor drainage ^ 
and subjected to increasingly unfavourable climatic conditions ^ 
the tree species are reduced in number, size and distribution. 
Good tree growth is restricted to the low alluvial banks of 
streams and to the old sea beaches which formed sandy ridges 
paralleling the coast. Here, white spruce, balsam, fir, trembling 
aspen and white birch occur. Back from the rivers are vast areas 
of muskeg and bogs; the prevalent tree association is black spruce 
and larch, greatly reduced in growth. As the coast of Hudson Bay 
is approached, white spruce, larch and finally black spruce 
disappear ." 

Clearly, it's a massive forest, but one widely affected by 
the arctic cold of Hudson and James Bays and therefore, more 
fragile than that of the south. Lower levels of precipitation and 
a lower mean temperature cause slower rates of growth and a 
shorter growing season. There is evidence that it is difficult to 
re-establish some species (e.g., black spruce). Mortality rates 
are higher for young seedlings and there is evidence that it is 
difficult to re-establish a new species, particularly the black 
spruce, a preferred species of the forest products industry. 

Little is known about soil types and thickness or other 
factors which determine the growth and regeneration potential of 
the boreal forest. Indeed, I heard no evidence that contradicted 
the assertion of a Ministry of Natural Resources foresUer that 
"very little is known concerning forest growth rates ... for this 



As a northerner, what 1 have observed for more than 50 years 
confirms the vulnerability of the northern forest. Trees must 
survive on a thin veneer of soil, in short summer seasons and must 
survive harsh winds, insect damage and forest fires; in the best 
of circumstances, their rate of growth is very slow. Furthermore, 
research reviewed by the Commission suggests that many areas in 
the boreal forest are probably not capable of extensive 
regeneration, particularly if standard cutting and regeneration 
methods are used. In other words, without extreme caution, a tree 
that is lost, whether naturally or not, may well be gone forever. 

THE FOREST PRODUCTS INDUSTRY 

Yet it is this boreal forest that the forest products 
industry has assumed will be available to meet its needs for wood 
as the supply of timber in the forest elsewhere is exhausted. 
Like too many other resource exploitive actions, a constant 
expansion into virgin forest and the depletion of the timber 
resource have been the dominant characteristics of the forest 
products industry's use for the forest in this province so far. 
Must it continue to be this way? 

Without doubt, the forest products industry is economically 
and politically powerful in Ontario. Some 160,000 people are 



The Northern Forest 



5-3 



directly employed in the forest and in wood product manufacturing. 
They produce more than $7-billion dollars worth of wood products 
annually; 42 communities in the province depend on the industry 
for their very existence, communities like Kapuskasing, Hearst, 
Dryden and Kenora. 

Ontario collected more than $51-million in fiscal 1983-84 
from forest products companies in stumpage fees. Wood and wood 
products, account for almost 6.5 per cent of Ontario's exports. 
Commission figures for 1983 show that approximately 10 to 15 per 
cent of all forestry output in the province carae from forests near 
or north of 50, and this is likely to increase in the future. 
According to the Ontario Forest Industries' Association, 10 per 
cent of all Canadians owe their livelihoood, directly or 
indirectly, to the existence of this country's forests; in 1983, 
20 per cent of Canada's wood and wood products exports, worth 
$2.64-billion came from Ontario. 

Pulp and paper mills are the leading manufacturing sector in 
Canada, employing nearly five per cent of all Canadian production 
workers with jobs in manufacturing; they account for 7.6 per cent 
of value added in manufacturing. In Ontario, pulp and paper 
manufacturing is fifth in terms of value added — motor vehicle 
parts, iron and steel, motor vehicles, other machinery and 
equipment are ahead - and sixth in terms of production workers. 
It provides 2.8 per cent of Ontario's manufacturing employment and 
produces 3.5 per cent of the total value added by this province's 
production workers. 

This major industry, bound by its resource, is dependent on 
the continued capability of the province's forest to supply it 
with adequate volumes of timber. Responsibility for Ontario's 
forest — virtually all of which is on Crown land — lies with the 
Ministry of Natural Resources. So among the first questions I 
asked the Ministry were: how much forest is there now? How much 
will there be in the future? 

TIMBER SUPPLY 

I found that the Ministry's estimates of timber supply are 
based on information in its Forest Resources Inventory. The 
inventory of any particular area begins with field work and 
sampling to identify the general location of timber stands and the 
species in these stands. The area is then photographed from the 
air and, with the assistance of information from the earlier 
sampling, the photos are used to identify age, height of trees and 
timber volumes. A map is then prepared showing the location of 
similar stands of timber; according to the Ministry, it enables 
one to pinpoint, for example, a stand of 30-year-old jackpine and 
to have a general idea of the quality and volume of that timber. 

I found that forest sampling is limited, even in fragile 
areas of the boreal forest; the Inventory tends to over-estimate 
actual timber volumes and does not contain information that 
permits estimates of the capacity of forest land for regeneration 



The Northern Forest 



5-A 



if the forest is cut. In fact, Che Ministry acknowledged that 
nothing is known with any degree of certainty about the likelihood 
of regrowth on any forest land until after cutting has taken 
place. So much for estimating future supply. 

The Forest Resources Inventory need not be — indeed, should 
not be — so limited in content. Technologies like remote 
sensing exist and make more accurate and complete inventories 
possible. While costs are higher, they are, in ray view, clearly 
justified. Otherwise, we will continue to cut down the forest 
before anyone knows whether it can ever grow again. 

My conclusions about the Forest Resources Inventory were 
confirmed in submissions made to the Commission; the Canadian 
Institute of Foresters - Northern Section was only one of a number 
of organizations which told me that the present state of 
information on Ontario's forests does not permit reliable 
estimates of timber volumes or regeneration capability. 

5.1 Recommendation: 

That the Ministry of Natural Resources be required by law to 
establish and maintain an up-to-date Forest Resources 
Inventory and that this Inventory contain accurate 
Information on timber volume and regeneration capability of 
the province's forests including timber volumes on already 
cut and regenerated areas. 

Obviously, this recommendation should be implemented before 
further areas of virgin forest are allocated for cutting. 

The fact that the Mnistry has not collected accurate data on 
the volume of timber in the boreal forest has not prevented a 
number of eminent foresters from concluding that we have reached 
the limits of sustained timber supplies in this province and that 
we are cutting more softwood than is currently growing in 
Ontario's forests. An in-depth study I commissioned from Lakehead 
University titled The Economic Future of the Forest Products 
Industry in Northern Ontario (or the Lakehead Report) confirmed 
that this was the case. I received no evidence from either the 
Government or the forest products industry that contradicts this 
information. 

Others in the north believe the evidence of what they see 
daily as proof that wood supply is dwindling; why else do trucks 
travel such great distances to transport timber from forests to 
mills; what else can explain the diminishing diameter, year after 
year, of the logs being trucked? 

Estimates of timber volume are a key element in how the 
Ministry determines how much forest the industry can cut. The 
Ministry's determination is arrived at by use of a formula that 
contains the following elements: the estimated volume of trees 
present ("the growing stock"), the estimated rate at which these 
trees are growing and the number of years it will take the trees, 
on average, to reach cutting age of maturity ("the rotation 
cycle"); the result is "the annual allowable cut" (AAC). The AAC 



The Northern Forest 



5-5 



is, in theory, the portion of the growing stock that the Ministry 
considers can be cut each year without harm to the forest's 
regenerative capacity. It is expressed as the constant area in 
hectares that may be harvested annually, assuming that new growth 
in the forest equals the volume of wood cut. This assumption, I 
believe, has been patently wrong for a number of years. 

In theory, the existing forest could continue forever if 
cutting were limited to the volume of timber that grew in the same 
forest for the same period and that survived fire, insect or other 
damage. Therefore, knowing what volume is growing becomes a key 
factor in supply projections; this, as I've already indicated, 
requires knowledge of the forest and of factors influencing its 
growth. It also requires information about those parts of the 
forest that, because of inaccessibility, rugged terrain, 
allocation to other uses or poor regeneration prospects, cannot or 
should not be cut. 

Clearly, areas that can't be cut, for whatever reason, reduce 
the overall amount of available timber; nonetheless, the 
Ministry's AAC specifies what areas of the forest can be cut 
annually — rather than the volume of wood that can be taken from 
them. This means that substantial variations in the density of 
forest growth in the boreal forest can be ignored in determining 
the amount of the AAC. In fact, neither the Ministry nor any 
forest products company knows with any precision the volume of 
wood that can be removed from specific stands. As a result, it is 
extremely difficult to assess the extent to which the timber 
allocated for cutting has, in fact, been used efficiently. 
Further, there is no obligation to achieve any pre-determined 
volume of cut. 

This is particularly evident with regard to hardwoods; it is 
bizarre that these are left to rot on the forest floor because, I 
was told repeatedly, of apparently higher processing costs or lack 
of markets. It is also true that licensees are not required or 
encouraged to account for such practices. 

The annual allowable cut figure assumes that wood within a 
given area will be fully utilized, which clearly is not the case. 
It has been estimated that only 85 per cent of softwoods and half 
of the hardwoods allocated for cutting in the province were, in 
fact, cut and used. According to the Lakehead Report, the numbers 
in the area through which 50 runs are even more disquieting: 
37 per cent of the annual allowable cut for softwoods is taken, 
while only a truly shocking 5.2 per cent of hardwoods are used; 
presumably, the low level of hardwood use means that many trees 
have been left to fall or to rot on the forest floor. When areas 
are cut, using the clear-cut method, this is the usual outcome. 
It must be recognized that the Ministry is aware of the problem 
and that hardwood usage has been increasing in recent years. 

Companies also appear to be reluctant to cut bud-worm 
Infested timber, balsam and dead-fall even though the timber 
involved can in most instances be processed economically although 
profit may not be as high. 



The Northern Forest 



5-6 



This lack of commitment to use every possible tree in the cut 
area and the history of forest depletion are the reasons I reject 
the current vogue within the Ministry and the industry for speak- 
ing of "harvesting" wood in Ontario. Harvesting is a value-loaded 
phrase: trees are no longer "cut", wood fibre is "harvested". 
(In the same way, animals are no longer trapped or killed, they, 
too, are "harvested".) But the word "harvest" has a specific 
meaning in the English language; while it is "to reap", it is 
also "to lay up or husband" — that is, to gather crops as part of 
an established process that includes care, planning and 
replenishment. We have yet to earn the right to say we "harvest" 
trees in this province. 



5.2 Recommendation 

That the Crown Timber Act be amended to provide that forest 
product companies be strictly liable for wasting wood in 
forest areas allocated to them for cutting and subject to 
fines equal to the value at the mill of wasted timber; that 
the AAC be calculated In volumes of timber rather than In 
area of forest; that licensees be required to account for the 
volume of timber cut and used and the volume left; that the 
stumpage fees paid to the Government of Ontario by licensees 
be reduced for hardwoods, balsam. Insect-damaged and dead 
timber to levels that will encourage the use of such 
timber. 

There is, on occasion, a certain amount of fiction in the AAC 
when it is expanded to permit cutting of mature or overaged 
timber; if not cut, it would be lost to disease, blowdown or 
fire. While it makes sense to take out these stands, a system 
genuinely committed to the growth of a second forest would insist 
that the annual allowable cut be later reduced when old or mature 
timber is removed from standing stocks. If this were to be done, 
it is estimated that the AAC for softwoods would be reduced by 20 
per cent by the year 2000. 

5.3 Recommendation: 

That the annual allowable cut be adjusted over the next 
decade, beginning In 1986, to reflect the actual timber 
supply In Ontario's forest. 

Moreover, the AAC frequently does not take into account the 
fact that regeneration has been unsuccesful; thus the presumed 
growth rate of trees used in setting the AAC includes trees that 
are nonexistent. According to one estimate, an annual average of 
42,000 hectares of productive forest were lost in the 1970 's 
because of unsuccessful regeneration. It appears that the AAC 
presumes the existence and growth of non-existent trees. 

I fear that a continuing rate of loss of productive forest 
land is still the case. Each year more regenerated back-log is 
added. There are statistics which support and statistics which 
refute this concern — this heightens my anxiety. 



The Northeim Forest 



5-7 



A part of this backlog lies north of 50 in the boreal forest 
I am informed that the Ministry is attempting to rehabilitate 
neglected cut-over forest land there, which is commendable. But 
we must set as our goal, using the best information available, the 
regeneration of backlog forest land to acceptable and disclosed 
standards. Similar backlogs exist in other provinces — British 
Columbia and Quebec, for example. The goal proposed in British 
Columbia for the regeneration of backlog land over a 20-year 
period would seem to be reasonable for Ontario. It appears 
logical to concentrate on the most productive sites closest to 
mills and around existing communities which are dependent on 
forest operations for economic survival. This approach, over 
time, will lessen our need to rely on the uncertain regenerative 
capacities of the boreal forest in the remote north. 



5.4 Recommendation: 

That the rehabilitation of the backlog of cut-over forest 

land not sufficiently regenerated occur over a 20-year 

period; that these efforts be concentrated first on forest 
lands that are most likely to sustain regrowth and are 

closest to existing mill sites and second on forest lands 

around communities in which the principal employer is the 
forest products industry. 

I recognize that perhaps as many as 40,000 hectares of forest 
land may have to be regenerated annually. But we must, like 
Sweden and Finland, consider that forest renewal is the first 
charge against all of the revenues derived from cutting the forest 
by government and industry. The backlog is in reality an as-yet- 
undeclared part of the province's long-terra debt which we must now 
begin to repay. 

Estimates of timber supply have political ramifications; they 
affect business and investment plans, the financing of operations 
and the expansion of the forest products industry, as well as the 
availability of jobs. For the Government, with responsibility for 
forest management and for determining acceptable cutting levels, 
as well as for the economic health of the province, this is a 
dilemma. Recognizing supply constraints means reducing levels of 
cutting, which in turn, implies fewer jobs in the forest product 
industry. Thus, estimates of timber supply have unfortunately 
become tied to political credibility. In my opinion, it becomes 
important that timber supply estimates must be made or at least 
confirmed independently. 

In the situation of short supply that exists now and for the 
foreseeable future, it would be disastrous if the forest products 
industry expanded its mill capacity. Any expansion would lead to 
additional pressures to cut timber at rates exceeding sustained 
yield levels. These pressures are difficult for Government to 
resist when capital has already been invested and existing jobs 
may be at risk. 

The problem is that the people who make decisions about 
capacity still haven't admitted that there is a short supply. Nor 



The Northern Forest 



5-8 



has the Government's artificially high annual allowable cut 
figures or timber production targets signalled the supply reality. 
Bold realism is required. 

5.5 Recommendation: 

That the Government of Ontario freeze mill capacity until 
wood supply under sustained yield management permits 
expansion. 

It may be tempting to end the freeze if improvements in wood 
utilization occur, if reduced rotation periods are found to be 
acceptable by foresters or if more efficient processing 
technologies emerge; but these temptations must be resisted until 
we cut no more than is actually being grown in the forest. 

The Lakehead Report described the historic pattern of forest 
depletion which occurred when sawmill capacity was allowed to 
exceed resource supply. It led to retrenchment and the closing of 
mills — exactly the sort of boom-and-bust situation that still 
plagues northerners. Let's avoid repeating the errors of the 
past. 

Some may insist that alteration of the AAC and a halt to mill 
capacity expansion will reduce jobs in the industry; in reality, 
however, as we move toward greatly increased regeneration 
activities and to the kind of specialized logging that will be 
required in the northern forest, new jobs should be created. If 
the industry were on its knees, the changes I am recommending 
might be difficult to implement. But that is not the case. A 
recent report, prepared for the Ontario Economic Council, 
concluded that the forest products industry in this province is 
holding its own in the world marketplace — and is likely to 
continue to do so. In other words, the industry is well able to 
look after itself while the Ministry of Natural Resources 
concentrates on looking after the forest it holds in trust for all 
the people of Ontario. 

UNFINISHED BUSINESS 

The Reed Agreement 

The Reed Agreement and the related matter of mercury 
poisoning in the Wabigoon/English/Winnipeg River system were the 
specific events which led to the establishment of this Commission. 
Both remain, as it were, unfinished business — especially the 
latter — but they should not be permitted to do so. Therefore, 
before turning to other matters involving the boreal forest, it is 
necessary to deal specifically with them. I would be morally at 
fault if I did not do so. 

On October 26, 1976, the-then Minister of Natural Resources 
signed a Memorandum of Understanding on behalf of the Government 
of Ontario with representatives of Reed Ltd., (hereafter "Reed"), 
a major British-owned forest products company active in many 
countries. Reed at that time owned a large wood-processing, pulp 



The Novtherm Forest 



5-9 



and paper complex at Dryden, in northwestern Ontario, the wastes 
from which flowed into the Wabigoon River. 

While the Memorandum (or "Agreement", as I shall call it,) 
was hailed by communities eager for new industry and employment, 
it was criticized by many throughout the province, especially 
those native people living in White Dog and Grassy Narrows - tiny 
hamlets in Indian reserves downstream from the Dryden mill. 
Mercury pollution of the waterway on which they depended for food 
and employment as fishing guides had devastated their lives. 
Their plight had received a great deal of public attention at the 
time the Reed Agreement was announced. That Reed should be 
granted rights to build another mill and to cut a huge tract of 
natural forest sent Shockwaves throughout the province. The 
resultant outcry eventually led to the appointment of this 
Commission. 

The Agreement covered natural forest on Crown land — public 
land held in trust by the Government for the benefit of the people 
of Ontario. It gave Reed the largest continuous cutting area ever 
allocated to a single company. It gave Reed the right, subject to 
certain conditions, to cut conifers in 49,200 square kilometres of 
virgin forest. The size of that tract was tied to the capacity of 
the pulp and sawmill complex contemplated by the Agreement: 
enough wood fibre was needed to feed a manufacturing facility 
producing 900 to 1,000 tonnes of pulp daily and 180 million board 
feet of lumber annually. Reed's Dryden mill then had a capacity 
of 350 tonnes of pulp per day (about three per cent of all the 
wood pulp produced in Ontario). 

The Commission learned from the Ministry of Natural Resources 
that the Agreement evolved from Reed's response to a request by 
the Ministry to the forest industry at large for proposals for use 
of what it then saw as surplus timber. Reed's response (the only 
one received) proved particularly interesting because of its 
potential for employment: fully implemented, it implied that as 
many as 1 ,900 new jobs would be created in a region where 
employment opportunities are limited or, for many people, 
non-existent. 

Between 1974 and 1976, the Ministry estimated that the 
remaining forest of northwestern Ontario contained a sufficient 
volume of wood pulp fibre to support a major new processing and 
manufacturing complex. This estimate was based on limited aerial 
photography; the tract in question had not been inventoried by the 
Ministry at that time. When the Ministry did conduct an inventory 
of the area orginally allocated to Reed by the Agreement, less 
timber than originally estimated was found. 

Reed commissioned a design for the pulp and sawmill complex 
and employed a consultant to select suitable sites for the various 
parts of the complex and to prepare an environmental impact 
statement. The Ministry of Environment found Reed's assessment to 
be inadequate under the Environmental Assessment Act . The 
Commission reviewed Reed's voluminous documentation and was left 
with many questions and concerns about environmental effects. 
These questions have never been answered since Reed ceased work on 



The Northern Forest 



5-10 



the project, ostensibly because of changed financial and economic 
circumstances which, it said, made the project's viability 
doubtful. 

In its submission to the Commission, Reed stated that the 
integrated forest products complex contemplated under the 
Agreement "would not be finanaially viable if it were to be 
oompleted before the end of this decade and its viability beyond 
remains in question" . 

Thus, shortly after the beginning of the Commission, the very 
project that had led to its establishment and that, inevitably, 
would have been a primary focus of its work, ceased to exist. But 
while the project envisioned by the Reed Agreement has been 
dropped, strangely the Agreement itself continues to exist. 

In early 1980, Reed sold the Dryden mill and related assets 
to Great Lakes Forest Products Ltd. (hereafter "Great Lakes"). 
While the Reed Agreement contained no provision for assignment. 
Reed agreed to sell Great Lakes "all its right, title and 
interest in the Memorandum of Understanding of October 26, 1976." 

The then-Minister of Natural Resources, the late James Auld , 
disclosed the existence of the assignment in a memorandum to the 
Legislative Assembly, dated March 3, 1980. He stated that the 
then-President of Great Lakes, C.J. Carter, had informed him of 
the inclusion of the Memorandum of Understanding in the sale. The 
Minister said he considered the rights and obligations of Reed 
under the Agreement to have been "legally conveyed" to Great 
Lakes. That Mr. Auld thus recognized the conveyance on behalf of 
the Government served as its legal acceptance of Great Lakes as 
successor to Reed under the Agreement. 

At the time the Reed Agreement was signed, the Government of 
Ontario was responsible for regeneration of forest land following 
cutting; as a result, the Agreement did not assign Reed any 
responsibility for regeneration. The company was merely accorded 
the right to cut "a sufficient volume of conifers" for 
processing in the contemplated mill, the proposed appetite of 
which was substantial — some two-and-a-half times the capacity of 
Reed's Dryden operation. Now, however, regeneration has once more 
become the responsibility of forest products companies in return 
for security of tenure of the forest allocated to them by contract 
- known as forest management agreements - with the Ministry of 
Natural Resources. Regeneration to MNR-determined standards is an 
obligation under these agreements — a striking difference from 
what was contemplated in the Reed Agreement. 

Because the mill complex and related forest operations con- 
templated by the Agreement were designated under the Environmental 
Assessment Act , Reed, and presumably now Great Lakes, must carry 
out acceptable environmental assessments. This designation was 
the first time ever that an undertaking of a forest products 
company had been designated under the Act, and years later, this 
remains the only time that this has occurred. 



The Northern Forest 



5-11 



Neither Reed nor Great Lakes has chosen to complete an 
environmental assessment; nor have feasibility studies and 
operating plans been completed within the time periods set by the 
Agreement. 

I have concluded that the Ministry may permit Great Lakes 
to cut in the Reed Tract without meeting these conditions. At 
present, there appears to be no immediate need for this cutting. 
Indeed, in testimony before the Commission on June 30, 1983, 
Warren Moore, Manager of Forest Operations for Great Lakes, said 
that, given its projections of market demand, the company had no 
plans for the tract. Nor did the company, at that time, require 
wood from the tract for its existing Dryden mills. Mr. Moore also 
stated that, in Great Lakes' opinion, the only feasible locations 
for new or modernized mills were in communities where mills 
already existed. 

Mr. Moore stated, "We expect that the full allowable out 
of (the Great Lakes) lioensed areas at Dryden will be required to 
support mills ... I don't think there is any doubt that it is 
sufficient to produce or supply the present complex at Dryden." 

The Minister of Natural Resources' view of the timber 
requirements of the Dryden mills differed from that of Great 
Lakes. In response to written questions from the Commission, the 
then-Minister said in March of 1983, that recently-increased 
capacity at the Dryden mills required more than the allowable cut 
in the Dryden timber limits and wood available for purchase in the 
area. The Minister also said that Great Lakes' plans for 
increases in the processing capacity of the Dryden mill over the 
next five years would necessitate cutting outside the Dryden 
limits — probably in the western part of the Reed tract. He 
appeared to assume that Great Lakes would be granted the licences 
to permit such cutting - even though under the Reed Agreement and 
the Environmental Assessment Act , a number of prior conditions 
mus t be me t . 

The Commission has concluded that Great Lakes does not have 
any intention of building a new pulp mill north of 50 of the scale 
and capacity contemplated by the Agreement. Moreover, the 
Agreement does not conform to current Ministry policies for 
regeneration: it does not provide for a forest management 
agreement. Great Lakes has no intention in the immediate future 
of meeting any of the conditions set by the Agreement. The 
Agreement, then, is an anomaly, yet it continues to be a source of 
anxiety and of false economic expectations in the north of 
Ontario. 

5.6 Recommendation: 

That the Reed Agreement should be repudiated by the 
Government of Ontario and no part of the tract should be 
licensed for cutting until Recommendations 5.9 to 5.27 of 
this report are implemented. 

One effect of repudiation would be to nullify the designation 
under the Environmental Assessment Act of planned forest 



The Northern Forest 



5-12 



operations in the tract. Recommendations made later in this 
chapter on the applicability of environmental assessments to 
forest operations address this issue. 

One obvious benefit of repudiating the Agreement is that any 
future cutting approved in the area could be governed by forest 
management agreements which impose responsibility for regeneration 
on licensees. 

Repudiating the Reed Agreement should not be viewed as a 
criticism of Great Lakes. It is but one aspect of placing the 
boreal forest under uniform forest management. There is good 
reason to applaud the record of Great Lakes which, after 
purchasing the Reed mill (and its wounded environmental record), 
moved almost immediately to replace the original plant with a 
modernized, efficient and environmentally-improved processing 
complex. The company's investment in the future has helped bring 
a spirit of renewal to the people of Dryden which was, I note, 
declared the province's Town of the Year in 1984. 

White Dog and Grassy Narrows 

Notwithstanding this, in acquiring the Dryden mill, I believe 
that Great Lakes also inherited Reed's moral obligations to the 
people of White Dog and Grassy Narrows. Their claims, arising 
from pollution of the Wabigoon river against Reed, and therefore, 
Great Lakes, remain unresolved. 

The Indian Commission of Ontario, established as a result of 
recommendations contained in this Commission's Interim Report, 
attempted to mediate between the companies, the Governments of 
Ontario and Canada and the communities in the hope that a 
settlement of these claims could be reached. Although agreement 
seemed at times to be close, it has for six years eluded the 
participants. Meanwhile, the disaster continues to haunt the 
people of these communities. It is ray belief that Great Lakes and 
the Government of Ontario must seriously focus on what many 
Ontarlans recognize as the company's and the Government's moral 
responsibility. 

I wish to stress that the Commission was not Involved In 
mediation of the dispute or in any attempts to negotiate a 
settlement. The terms of reference of this inquiry did not 
include any investigation of the cause, effect or liability of any 
party as a result of mercury pollution of the Wabigoon/English/ 
Winnipeg River system. I did, however, hear extensive testimony 
about the anxiety and mistrust in northern communities resulting 
from the Ministry's grant of cutting rights to the last, extensive 
tract of virgin forest to the company implicated In the pollution 
of the major northern river system. Government in this province 
must attempt to re-establish its trustworthiness as custodian of 
the boreal forest for all people who live within its boundaries. 
1 firmly believe that one essential step in this process requires 
the Government to withhold further access to Crown forests to 
Reed's successor until the moral obligations it inherited from 
Reed have been met. In other words. Great Lakes should be 



The Northern Forest 



5-13 



restricted to cutting in the company management limits for which 
it is now licensed. 

5.7 Recommendation: 

That until the claims of White Dog and Grassy Narrows are 
settled, the Government of Ontario not grant any cutting 
rights in forest land outside existing company management 
units to Great Lakes or any subsequent owner of the Dryden 
mill complex. 

In the future, the Reed Agreement will be seen as having a 
beneficial outcome, however unintended by the parties to it: it 
focused long-overdue attention on the forest of this province and 
on our use and abuse of it. It also made us begin to understand 
that the forest is finite and vulnerable — that it supports other 
users with their own legitimate claims to sharing its resources 
— and that unless we change the way we use the forest we have 
reached the limits of its capacity to sustain our forest products 
industry. 

USE AND MANAGEMENT OF THE BOREAL FOREST 

Let us turn now to the history of human use of the forest. 
The earliest users of the forest were Indians who, for centuries, 
have been foodgatherers and trappers; the forest has been central 
to their lives — as a vital storehouse of food, clothing, fuel, 
tools and shelter. Trapping fur-bearing animals has provided 
northern native communities with protein and cash income — not 
large in absolute amounts, but significant in local economic 
terms. 

The arrival of the Europeans was quickly followed by 
extensive timber-cutting. When the prime timber in southern 
Ontario was depleted in the early part of this century, industry 
moved northwestward. In the north, logging began adjacent to 
waterways, then to railway lines and to mines. Railway ties and 
pit props were made from nearby trees; that kind of cutting was 
originally localized but spread as the demand for timber grew. 
Sixty years ago, a new phase began, with the introduction of 
accelerating demand for northern conifers and their long wood 
fibres to process into pulp, paper and particularly, newsprint. 
The conifers of Ontario's northern forests have fibre 
characteristics that make them ideal in the manufacture of paper 
and newsprint. 

Demand, beginning in the 1920 's, grew rapidly. By the end of 
the I940's, there were 13 pulp and paper mills in operation. The 
need for trees to feed expanding processing capacity led to an 
inexorable march of cutting operations north and west to where the 
province's last significant natural forests now stand. 

Regeneration was largely ignored, although tree planting 
efforts actually began in the late 1890 's. This resulted in a 
small amount of new growth in what had once been southern 
Ontario's extensive pine forest. These early attempts were 
limited. To this day, timber from the "second forest" provides 



The Norbhern Forest 



5-14 



only a miniscule fraction of the total volume of timber cut each 
year. 

By the late 1920 's, with the pulp and paper industry firmly 
established in northern Ontario, the provincial Legislature saw 
the need for some control of wasteful cutting practices. In 1929, 
it passed the Pulp Wood Conservation Act . This required all pulp 
companies to manage the forest areas in which they held cutting 
rights on a substained yield basis — that is, forest management's 
aim was to ensure a balance between the volume of timber growing 
and the volume of timber cut. 

Little was done, however, to enforce compliance, in part 
because of the great depression in the 1930 's, but also because of 
the deeply entrenched belief that the forest was inexhaustible. 

In 1947, the Kennedy Royal Commission on Forestry warned 
that total depletion of Ontario's forests was likely if controls 
over cutting and regeneration requirements were not imposed. 
Subsequently, the amount of regeneration gradually increased. 
That Commission reached the conclusion that companies involved in 
processing wood fibres should not be involved in cutting timber — 
since the mill's appetite, and not regeneration, became the 
prevailing consideration. This recommendation was obviously not 
implemented. 

Since the Kennedy Commission's report, the amount of cut-over 
forest land that has not regenerated adequately has increased 
yearly. Concern for this backlog has been frequently expressed, 
but did not cause the Government to allocate enough money to carry 
out the regeneration needed to meet the requirements of sustained 
yield management. 

In 1953, an amended Crown Timber Act placed responsibility 
for regeneration squarely on industry's shoulders; but by 1960, it 
was clear that most licensees were not effectively regenerating 
the lands they had cut, apparently because of lack of long-term 
concern for the forest, little technical expertise and the failure 
of Government to enforce the Act. Later, yet another cimendraent to 
the Crown Timber Act returned responsibility for regeneration to 
the province; efforts increased as all major licensees signed 
special contracts to carry out regeneration activities on behalf 
of the Government — a move that, in theory, could have increased 
the rate of regeneration. However, once again, not enough money 
was appropriated to fund a sufficient level of rehabilitation and 
regeneration standards were not enforced. 

By 1970, surveys indicated that only one-third of recently 
cutover areas had regenerated naturally, another third had been 
artificially regenerated (with varying degrees of success) and the 
remaining third could no longer be categorized as productive 
forest land. Studies carried out several years later indicated 
that some areas that had been previously classified as adequately 
regenerated did not, in fact, meet Ministry of Natural Resources 
regeneration standards. 



The Novthern Forest 



5-15 



In 1976, the Ministry commissioned a report on the condition 
of the province's forests by Kenneth Arrason, then a well-respected 
professor of forestry at the University of Toronto and now the 
Government's senior forester. 

Armson recommended that "security of tenure" of forest 
lands be given to the larger forest product companies by way of 
forest management agreements between the Ministry and the 
companies. These contracts would allow perpetual cutting rights 
providing the licensees met defined obligations for regeneration 
based on sustained-yield forest management. Previously, companies 
had been granted licence to cut timber in extensive forest tracts 
(known as "company management units") for a maximum term, usually 
20 years. The lack of secure tenure was perceived to be a cause 
of the industry's evident lack of enthusiasm for regeneration. 

Armson proposed that forest management agreements be intro- 
duced for all company management units (which produce most of the 
wood cut in the province); the Government was to commit itself to 
assist the regeneration efforts of the companies involved by 
providing seed and seedlings, as well as subsidies for major 
access road construction. Such roads are a major cost of forest 
operations and are essential not only to cutting but also to later 
seeding, planting, thinning and fertilizing activities. Armson 's 
recommendations were widely supported by foresters; indeed, 
similar approaches have been taken in other provinces (Alberta, 
for example) with successful results. 

His recommendations were implemented in 1979 through 
amendments to the Crown Timber Act , which gave the Government the 
option of requiring forest management agreements when allocating 
forest areas for cutting. If that option is chosen, sustained 
yield management is a mandatory element of such agreements. 

In the same year, the Ministry of Natural Resources announced 
a policy of bringing all company management units under forest 
management agreements. In each of the first two years after the 
amendments were passed, some 45,000 hectares were brought under 
forest management agreements. Since then, implementation of the 
policy has slowed. It is now six years since the 1979 Crown 
Timber Act revisions and less than half of the forest area which 
could have been placed under forest management agreements has been 
so placed. Once again, a good reform is being allowed to slip 
away. 

I strongly believe that forest management agreements should 
be a requirement before any licences to cut trees on Crown land is 
issued. I am not, however, unsympathetic to the dilemma of the 
Ministry. It has the responsibility for subsidizing expensive 
major access roads as soon as an agreement is operative, as well 
as supplying the seeds and seedlings as cutting proceeds. Even 
that, however, cannot stand as a rationale for a slowdown in 
extending forest management agreements. We must establish a firm 
time table. The alternative is the inevitable disappearance of 
the forest. 



The Northern Forest 



5-16 



5.8 Recommendation: 

That the Ministry of Natural Resources bring all company 
management units under forest management agreements by 
December 31, 1988. 

The 1979 amendments did not, however, make sustained-yield 
management mandatory for all forest areas in the province. The 
regeneration of forest in Crown management units, not placed under 
forest management agreements or otherwise allocated, remains the 
responsibility of the Ministry of Natural Resources. I find it 
perverse for forest product companies to be obliged legally to 
carry out sustained-yield management on their units when the 
Ministry is not similarly required to do so on Crown management 
units. 

5.9 Recommendation: 

That sustained yield be Imposed by law as an essential aspect 
of all forest management in Ontario. 

In addition, the stated objective of any forest management 
agreement according to its preamble, is to provide "within the 
context of a sustained-yield approach ... a continuous supply of 
wood ... for a mill or mills to meet market requirements ...". 
The problem with that objective lies in its internal contradic- 
tions: on the one hand, it espouses sustained-yield management 
and, on the other, it talks of meeting market requirements. Which 
goal takes precedence if mill capacity and market demand outpace 
sustained-yield, which, in essence, is a commitment to cutting no 
more than can be regenerated? 

5.10 Recommendation: 

That the Ministry of Natural Resources amend the objective 
set out In the preamble of forest management agreements so 
that it calls for the management of the forest area on a 
sustained yield basis — the volume of wood that can be cut 
not to exceed the volume growing in that area — without 
reference to continuous supply, meeting market requirements 
or to mills. 

I am particularly encouraged to make this recommendation 
because the Commission found widespread enthusiasm for sustained- 
yield management outside government; for example, submissions by 
the Conservation Council of Ontario, the Moosonee Development 
Area Board , the Northern College of Applied Arts and Technology 
and others contained a common theme: "the quantity of trees 
harvested in northern Ontario must equate with the ability of the 
forest to renew these trees on a continuous basis". 

Sustained yield, as a universal statutory obligation, would 
be less likely to be ignored when the Government determines its 
budgets. Regeneration and access road expenditures would not be 
as easily reduced as they now are. Enforcement by Government of 
the sustained yield obligation would also be encouraged, provided 
the performances of the parties to forest management agreements 
were audited Independently and publicly reported. 

The Northern Forest 



5-17 



CUTTING RIGHTS 

One aspect of forest management and regulation that I believe 
causes uncertainty for Ontarians stems from how the Ministry 
grants cutting rights. Since 1849, the Crown Timber Act has 
permitted such rights to be granted at the discretion of the 
responsible Minister. Even before 1849, cutting in Crown land was 
authorized only by special executive grant. Then, as now, 
decisions about who receives licences to cut timber were not 
subject to public scrutiny. There are no criteria that applicants 
for cutting rights must meet. There is no public tendering 
process (although the Crown Timber Act permits this). Stumpage 
fees do not reflect the market value of timber cut. Because they 
have not paid a competitive price for the timber in the forest 
areas they cut, only the costs of cutting and transporting wood to 
the mill exert pressure on companies to be efficient. 

I question whether this is the best way to deal with a 
resource that is now in short supply. Moreover, a discretionary 
allocation cannot be viewed by the public as impartial. 

After all, an extensive tendering policy and process already 
exist. The Government's tendering apparatus is very specific. 
There are very stringent regulations to ensure that the system is 
as fair and free of favoritism as possible. I can think of no 
reason why the allocation of timber cutting rights should not be 
subject to similar requirements. Indeed, the Government already 
tenders regeneration contract work. 

Tenders could be assessed on a number of criteria, including 
proposed cutting and regeneration methods, multi-purpose access 
roads, local employment and sub-contracting commitments, sawlog 
access as well as the prior forest management performance of the 
tendering company. 



5.11 Recommendation: 

That the Ministry of Natural Resource begin, on an experimen- 
tal basis, to allocate cutting rights through a public tender 
process. 

FOREST PROTECTION AREAS 

While I find the introduction of the forest management 
agreement to be an excellent reform in terras of accountability for 
cutting and regeneration, I have also reviewed the standard 
agreement to determine how it attempts to deal with conflict 
between various resource users. The cutting of trees (and 
numerous submissions made to the Commission have documented this), 
limits and, in some instances, prevents other resource uses such 
as trapping, hunting, fishing, and other activities for varying 
periods of time. 

The Ministry of Natural Resources has described the forest 
management agreement as establishing a process for resolving 
conflicts between forest product companies and other users of 



The Nor therm Forest 



5-18 



forested areas. The Commission's review of the standard agreement 
found little basis for this description. 

The agreement in effect establishes cutting and regeneration 
as predominant activities, but stipulates that these must give way 
to the surface area requirements of mineral development and raining 
operations. Land subject to previously granted rights of 
occupancy is also specifically excluded from the agreement. 
Included in this category are: Indian reserves, land that has 
been sold or leased and land which is subject to a land use 
permit. Also specifically excluded is land selected or designated 
for provincial parks. 

The standard agreement also permits the Ministry to withdraw 
land up to a stated maximum area if the Minister deems a 
withdrawal in the public interest. There is not, however, any 
provision for automatic exclusion of areas in which significant 
recreational, commercial or subsistence uses occur. Nor are 
Indian treaty rights to hunt, fish, and trap acknowledged. These 
rights, as I indicated in the last chapter, exist throughout the 
boreal forest. 

The agreement does permit the Minister to designate areas in 
which cutting may be restricted or limited in recognition of other 
resource uses at the time the company submits, as required, a five 
year cutting plan. These areas are called "modified management 
areas" which does not convey their purposes to the average 
Ontarian. Special cutting standards or "operational 
presariptives" may be imposed in these areas by the Ministry. 
(I have more to say about standards for cutting later in this 
chapter). 

I have found that these "modified management areas" are 
intended to be, and should be called "forest protection 
areas". The concept of designating such areas is most 

appropriate if the result is compatible relations between forest 
product companies and other forest users. But it would appear 
that the uses the Minister considers should be protected will not 
include hunting, trapping and subsistence food gathering — all of 
which are, in my view, significant activities in the north. Nor 
are fragile boreal forest areas covered, even though once cut, 
these are not likely to be easily regenerated. The Ministry's 
published list of protected uses and areas mentions only 
commercial lodges, outpost camps, recreational and significant 
fishery lakes, streams or rivers, cottages, railways, canoe routes 
and portages; nor have the designation guidelines so far released 
by the Ministry dealt specifically with areas in which hunting, 
trapping and subsistence food-gathering actively occur. 

What concerns me as well is the timing of designation - it 
may be too late. Access roads will likely have not only been 
planned but built on the assumption that cutting will occur in 
areas that subsequently may be or should be designated. The 
forest products company involved may assume, and reasonably so, 
that only a certain maximum area will be affected by designation. 
If that maximum is exceeded, then the economic assumptions 
underlying a company's access and cutting plans are eroded. 



The Northern Forest 



5-19 



In addition, I have concerns about the excessive burdens the 
current designation process places on northern residents. As 
envisaged by the Ministry, the process calls for advance notice 
and some (as yet undisclosed) opportunity for submissions by 
affected persons. This, in principle, is good. It means that 
northern communities and residents (who individually are small 
resource users, but collectively are significant users of the 
natural forest) will frequently be called upon to assess the need 
for designation of forest protection areas. But these people have 
limited capacity and means to assess forest cutting and company 
operating plans. They are also at a disadvantage since they bear 
the burden of proving that particular areas will be harmed by 
cutting. The net result, I have concluded, is that under the 
current process northerners will eventually be bulldozed into 
accepting the preferred cutting plans of licensees and will have 
to live, however precariously, with the results. 

There are, I believe, alternative ways in which the desig- 
nation of forest protection areas could occur and that would 
remedy the shortcomings of the existing process. Designation 
should be possible at any time and should occur well in advance of 
the five-year plan so as not to interfere unreasonably with forest 
cutting and road construction operations. Additionally, the 
burden of proof that an area should not be designated ought to be 
shifted to the forest products company. 

5.12 Recommendation: 

That "modified management areas" as provided for by the 
standard forest management agreement be called "forest 
protection areas". 

5.13 Recommendation: 

That northern residents and communities be given the right to 
apply to the Minister of Natural Resources for designation of 
forest protection areas at any time, including in advance of 
the submission of the licensee's five year plan or the 
signing of a forest management agreement. 

5.14 Recommendation: 

That the Minister of Natural Resources be empowered to impose 
such operating standards as the Minister deems necessary when 
authorizing the cutting of trees in forest protection areas. 

5.15 Recommendation: 

That if an objection to designation of a forest protection 
area is received, the Minister of Natural Resources be 
empowered to refer the natter to the Northern Development 
Authority; that this Authority be empowered to terminate or 
continue the designation of any forest protection area and to 
determine the conditions under which designation is or is not 
to occur. 



The Northern Forest 



5-20 



The Northern Development Authority might find that an 
appropriate condition of designation, under which prescribed 
cutting could occur, would be the negotiation or imposition of a 
resource use agreement. As outlined in Chapter 2 of this report, 
resource use agreements would define permitted resource uses, 
prescribe performance standards and methods for such uses, require 
the employment of local residents or the contracting of related 
work to local enterprises and provide for mitigation of adverse 
consequences. I anticipate that resource use agreements to which 
forest product companies are parties, could stipulate the minimal 
extent, timing, and manner of cutting, standards for cutting and 
regeneration as well as the location and maintenance levels of 
access roads. Such agreements could be more onerous for forest 
product companies than obligations imposed on them by forest 
management agreements. This, however, could also occur when 
forest protection areas are designated and operational 
prescriptions on cutting imposed. 

These recommendations, if implemented, should do away with 
the need for the Ministry to impose buffer zones or no-cut areas 
around lakes and rivers, or around areas in which other uses are 
carried out. The net result, in all likelihood, would not greatly 
affect the total area actually withdrawn from cutting. 
Restrictions on cutting on the land adjacent to lakes and rivers 
would likely continue under conditions set through designation of 
forest protection areas or by resource use agreements. But these 
conditions would be arrived at through a process that directly 
involves local residents and nearby communities and meets their 
needs. 

The designation of forest protection areas would also serve 
as the initiating mechanism for possible compromise between 
trappers and forest products companies wishing to cut forest areas 
in which trap lines are located. I heard considerable evidence 
about the effects - sometimes terminal - of cutting on trapping. 

Indeed, forest products companies currently are not obligated 
to adjust their cutting plans to reduce harmful impacts on a 
wildlife habitat or to compensate trappers whose livelihoods have 
suffered because of cutting. 

With a forest protection area in place, a forest products 
company will have to propose alternative cutting plans or pay the 
trapper a financial compensation. 

CUTTING METHODS 

I have found that there is a need for predetermined cutting 
standards. This emerged from the Commission's review of the 
environmental effects of methods for cutting trees used by the 
forest product industry. 

There are three common methods by which timber is cut 
commercially. Shelterwood is tree-cutting in relatively narrow 
strips or by uniform thinning of a stand in order to leave 
sufficient trees to provide seed and shelter for new growth. 



The Northern Forest 



5-21 



In the select method, Individual trees are chosen for 
catting; this is used almost exclusively for valuable species — 
walnut and oak for instance — which bring higher prices that 
offset the costs of this labor-intensive method. Select cutting 
is used almost exclusively in the southern forest of the province. 
The Ministry of Natural Resources' statistics for 1983-84 indicate 
that 9140 hectares were cut using selection and shelterwood 
methods. The two together account for annual production of just 
less than 15 per cent of all Ontario's wood — in part because 
these methods are not easily mechanized. 

Clear-cut is, by far, the predominant cutting method and is 
preferred by the forest product industry for cutting north of 50 
where it is virtually the exclusive method used. In 1983-84, 
200,337 hectares of forest were clear cut in Ontario — more than 
20 times the area cut by the shelterwood and select methods 
combined. I, therefore, have focused on the clear-cut method. 

I found that, despite the fact that virtually everyone in the 
north has an opinion on clear-cutting, there has been surprisingly 
little research conducted or data scientifically gathered on its 
particular effects on the boreal forest. 

Clear-cut is very much what it appears: virtually all the 
forest is cut in a single operation. Easily mechanized as a 
result, it is the least costly way of removing wood from the 
forest. In Its most highly developed form, large machines cut 
trees, remove branches, cut the trunks into smaller lengths and 
carry these logs to staging points. 

Clear-cutting, whether mechanized or not, results in denuded 
areas varying in size and dimensions but most often irregular in 
shape because of topography and the age and distribution of the 
trees being cut. Some trees are left standing because access is 
difficult or they are not merchantable. 

Warren Moore, manager of Forest Operations for Great Lakes, 
told the Commission that the usual practice in cutting even aged 
continuous stands is to employ the clear-cut method; blocks or 
strips are left only in cases where the stand covers a particular- 
ly large area or where the terrain makes cutting costly. 

According to the Ministry of Natural Resources, continuous 
cuts are usually not more than 150 hectares in area although much 
larger clear-cuts have been observed, some up to 20,000 hectares. 
I was told that large cuts tended to cause environmental and 
regenerative problems. The Ministry's policy is to reduce the 
size of permitted cuts. Indeed, reductions in clear-cutting have 
become standard in the north-central region of the province where 
companies have been asked to conform to this policy. However, the 
Ministry does not appear to collect or release statistical 
information on clear cut size, so the move to smaller cuts cannot 
be verified. 

Among the many submissions on the effects of clear-cutting, 
the concensus was clear: the Impact of clear-cutting on the 



The Northern Forest 



5-22 



forest is substantial and affects "vast areas of ... land and 
water as well as those people who use them." 

Some people argued that clear-cutting does no more harm to 
the forest than the extensive fires that sweep through it every 
century or so. They said that both fires and clear-cut result in 
regeneration of homogeneous even-aged stands. There is some 
evidence, however, that burnt over areas regenerate more quickly 
and more evenly than clear-cut areas. Indeed, a more persuasive 
view seems to be that, without special site preparation and 
tending, clear-cut areas spawn greater growth of less desirable 
deciduous species (i.e. poplar). Unless reduced in number, these 
can smother the more valuable coniferous species during the 
initial regeneration phase. 

The effects of clear-cutting go beyond mere cutting of the 
forest. As much as 10 per cent of the forest area is allocated 
for roads to enable access to cutting areas. These roads often 
disrupt soil and drainage patterns, causing soil erosion and 
flooding. 

Less visible, at least initially, are the effects of the 
machinery used in clear cutting. Soil compaction and ruts that 
hamper regeneration are common results. Indeed, where only a thin 
layer of soil overlies rocky terrain, it may be removed by machine 
abrasion. Once surface vegetation is gone, erosion of soil 
becomes widespread. I was also told that the extent of damage to 
soil and new growth on the forest floor can depend on the type of 
equipment used and the training and attitude of the equipment 
operator. 

But even the best operator cannot prevent the effects of 
removing the shelter afforded by trees and vegetation. Once 
gone, according to a number of forest researchers, the soil is 
more likely to dry out. If shallow and sandy, it is then more 
vulnerable to wind and water erosion. This could be prevented, as 
a native community involved in extensive cutting has found, by 
leaving large blocks or strips of standing forest. This shows, I 
believe, the environmental sensitivity of those who depend most on 
their forest and who, because of their traditional culture, 
knowledge and experience, are keen observers of the effect of 
change on the forest and on its wildlife inhabitants. 

Eroded topsoil washing into the streams and lakes can 
detrimentally affect fish spawning and migration patterns. Fish 
stocks may, as a result, be depleted. Exposed soil may be more 
subject to leaching which can result in an increase in the 
nutrient content of run-off and, hence, in adjacent water bodies. 
This, in turn, alters biotic growth and fish populations. 

Removal of surface vegetation also decreases the land's 
capacity to retain water. Run-off is more rapid and leads to 
increased seasonal flooding and lower summertime stream flow. 
Drier soil is less suitable for growing seedlings; as plants die, 
evaporation from the soil increases while potential for growth is 
further decreased. 



The Northern. Forest 



5-23 



Many foresters are opposed to large clear-cuts; some cite, 
for example, higher water tables in cut-over black, spruce swamps. 
Others speak of the increased likelihood of wind damage to the 
uncut forest surrounding large cut-over areas. Some foresters are 
also concerned because as much as a third of new growth depends on 
falling seeds from nearby trees. Large clear-cuts thus reduce the 
potential for natural regeneration. 

Some experts also believe clear-cuts harm wildlife. This 
happens most often when trees standing close to rivers and lakes 
are cut. On the other hand, I was also told that moose are well 
served by some clear-cuts that yield higher growths of deciduous 
trees, a favorite food. I did not, however, receive any evidence 
of a decline in moose in forest areas that were cut by other 
methods. 

One trapper told me: "Logging in our area is done almost 
exclusively in a olear-aut fashion ... ije see a difference in 
summer and winter cuts ... the former showing vastly more 
disturbance of the forests and soil due to heavy equipment tearing 
it up ... The moderating (influence) of the forest is absent and 
remains so much longer than in the case of fire ... erosion and 
flooding is observed and the silting of small streams and lakes 
which may lead to the breaking of beaver dams ... There is more 
extensive water starvation in some areas due to the dropping of 
the soil water tables ... In low lying areas we see more frequent 
flooding and dying trees ... Fur-bearing animals do not live or 
propagate in clear-cut areas or in remaining islands of trees 
which are usually too small to sustain their needs." 

Other trappers told me that it takes at least 30 years for a 
clear-cut area to return to being once again a protective habitat 
for fur-bearing animals. These trappers found the best habitat to 
be 40-to-60 year old growth in mixed forest containing an 
appreciable number of deciduous trees. 

Judas Kettle, an elder from the native community of Poplar 
Hill, summed it up: "If the land is clear-cut, the animals 
will leave." 

So too, will tourists. Outfitters spoke in submissions to me 
of their problems in providing wilderness holidays when large 
clear-cuts were plainly visible from roads, lakes and aircraft. 

Despite the negative evidence of clear cutting's effects on 
the forest, lakes and rivers, forest product companies and the 
equipment manufacturers serving them seem to be doing very little 
to remedy this situation. Equipment manufacturers, I was told, 
are developing less harmful low ground pressure logging machines; 
apparently, some are available though few are yet in use. This is 
difficult to understand. If farm tractors were suddenly found to 
be harmful to the productivity of soil, manufacturers would 
quickly have new equipment on the market and farmers would be 
clamoring to get them. Forest product companies obviously do not 
have the same attitudes as farmers. Nor do they seem to recognize 
that their future welfare is inextricably linked to the ongoing 
and rapid regeneration of the forest crop. 



The Northern Forest 



5-24 



The Commission found no predetermined restrictions exist to 
limit the size or extent of clear cuts. Limits appear to be 
imposed by the Ministry of Natural Resources as "negotiated" 
maximums when operating plans for cutting and access road 
construction are submitted. Yet, even if these are ignored, the 
offending companies are rarely penalized. 

This is foolhardy. Clear-cutting has too many potentially 
adverse effects to permit its unrestricted use in the north of 
Ontario without fully assessing its environmental effects and 
those, too, of alternative cutting methods. 

This is not to say that the Ministry of Natural Resources has 
totally failed to recognize the environmental dangers of existing 
practices and related management methods. Indeed, the Ministry 
in 1981 acknowledged in documents published during its strategic 
land use planning process that cutting practices must be altered 
because creation of access to specific lakes, erosion leading to 
the siltation of water bodies and destruction of wildlife habitat 
are all undesirable consequences of unrestricted clear-cutting. 

What the Ministry has not done is to devise and impose 
standards and rules for permissible and environmentally suitable 
cutting. Forest products companies presume clear-cutting will be 
the method used: it may only be at the level of the one year plan 
that the Ministry decides that other methods should be used. By 
then, access road patterns as well as planned volumes of timber 
and transport arrangements are so entrenched that a change in 
cutting method becomes an economic hardship. 

5.16 Recommendation: 

That the Ministry of Natural Resources prescribe the circum- 
stances in which clear-cutting should not be used. 

5.17 Recommendation: 

That the Ministry formulate and issue on a regular basis 
"Standards for Cutting the Boreal Forest" which set out 
appropriate cutting methods for representative forest areas. 

5.18 Recommendation: 

That, for forest areas in the Reed Tract and north of 
existing Crown and company management units, licensees be 
required to demonstrate that proposed uses of clear-cutting 
and related clear-cut configurations will not irreparably 
harm regeneration capabilities of affected sites, the ecology 
of adjacent waterways and the viability of other significant 
forest uses. 

ALTERNATIVE APPROACHES TO CUTTING 

There has been some experience in the use of alternative 
methods of cutting: the Ministry of Natural Resources has 
acknowledged the benefits of what it calls "modified clear- 
cutting". This seems to me to be similar to the shelter wood 



The Nopthexni Forest 



5-2 5 



method described earlier. It leaves blocks or strips of trees 
standing, at least until adjacent cut-over areas have regenerated 
to the extent necessary to provide ground cover and wildlife 
habitat. The Ministry has said, however, that there may be 
circumstances in which modified cutting is "impractical" but has 
not specified what such circumstances are. 

My own view is that forest products companies operating in 
the north should be required to use a form of cutting in which 
recurring blocks or buffer zone strips of trees are left standing. 
This conclusion was influenced by the study conducted for the 
Commission by John H. Blair, entitled Producing and Providing - 
The Story of Kiashke River Native Development Inc. (198A). 

Kiashke is an Indian-owned and operated timber-logging 
company. Located in northwestern Ontario, the Kiashke operation 
is on the west side of Lake Nipigon approximately 185 kilometres 
north of Thunder Bay near the Gull River Indian Reserve #55. 

A non-profit corporation, Kiashke was initially granted a 
Crown timber licence for 101.5 square kilometres of forest near 
the reserve. The Indians there hunted moose and trapped game and 
fur-bearing animals in the area, obtaining in this way a sizable 
proportion of the protein they consumed. 

To maintain an acceptable habitat for this wildlife, Kiashke 
has used a modified form of clear-cut, cutting in a checkerboard 
pattern of 2.4 to 4 hectare blocks. After about 10 years, the 
cutting method appears to have been successful in providing 
acceptable wildlife habitat and late winter cover for moose herds, 
while also maintaining an acceptable level of forest regeneration 
in much of the cut-over area. 

The Blair study concluded that clear-cutting is less 
satisfactory than modified clear-cutting in meeting the needs of 
other users of the forest — i.e., hunters and trappers. Modified 
clear cutting, however, costs more; equipment must be moved more 
frequently; additional roads are needed; mechanization of forest 
operations is less feasible so that additional labor is usually 
required. Blair found that Kiashke 's cutting methods did not 
appear to have affected wildlife to any appreciable degree — 
unlike the experience when large areas further north of the Gull 
River Reserve were clear-cut. Blair notes that a resident 
trapper, Pat Nawijijalck, observed reduced numbers of animals 
after clear-cutting. 

Modified clear-cutting by Kiashke left behind blocks of 
standing trees which Blair found served as fire retardants. 
Further, these blocks helped to minimize drying of the soil cover; 
windfall and erosion were reduced and forest aesthetics (important 
to tourism and recreation) were maintained. Since highly 
mechanized cutting was precluded, damage to soil cover was 
limited. The forest that remained uncut guaranteed future Income, 
since it will be accessible for cutting once regeneration is 
established in the adjacent areas. 



The Northern Forest 



5-26 



The forest industry may well complain that modified cutting 
will force it to travel further for wood, increase costs and make 
the industry even less competitive in the United States, its major 
market. In addition, these additional costs, the industry may 
assert, could reduce employment opportunities. 

Costs, I agree, are initially higher for modified cutting. 
But since companies under forest managraent agreements must now 
also plan for long-term continuous regeneration activities, modi- 
fied cutting, from this perspective, is far from being as 
expensive as companies may think. 

I must emphasize that whatever the forest industry imagines 
the effects of modified clear-cutting might be, Kiashke was able 
to use the method and supply wood under contract to a major pulp 
and paper company at a competitive cost. What is more, this was 
done despite longer hauls. In addition, Kiashke provided 
employment to local residents who might not otherwise have had 
jobs and was able to maintain levels of hunting, fishing and 
trapping for subsistence and commercial purposes acceptable to the 
local coraunity. 

The experience of Kiashke must make us all question the 
wisdom of proceeding to cut the northern forest in the same way 
that we have cut the rest of our forest in this province. There 
appear to be alternatives that are not only better 
environmentally, but also better for the well-being of local 
residents. 

The Kiashke experience should also cause us to question the 
wisdom of permitting large-scale cutting in any part of the boreal 
forest before determining the extent of other resource uses, and 
in particular, subsistence food gathering activities. As I 
explain elsewhere in this report, these are inadequately 
documented in most of the north. How then can anyone rationally 
suggest that resource extraction take place before knowing the 
actual extent of such essential activities? 

The Kiashke experience also suggests to me that tree cutting 
by persons sensitive to or directly affected by the continuing 
viability of the forest may result in less environmental 
degradation. 

5.19 Reconunendation: 

That Che Ministry of Natural Resources consider Imposing the 
requirement that all cutting In environmentally sensitive 
areas and forest protection areas be contracted out to 
specialized cutting companies with demonstrated experience 
and expertise in environmentally acceptable tree cutting and 
removal. 

5.20 Recommendation: 

That the Ministry of Natural Resources consider providing 
incentives, training and accreditation programs to 



The Northern Forest 



5-27 



northern-based enterprises wishing to acquire the skills 
necessary to offer specialized cutting services. 

While I have outlined what a number of foresters have found 
to be the effects of cutting the forest, no environmental 
assessment of any cutting method or specialized cutting machinery 
has as yet been undertaken. This seems to me to be a prerequisite 
before the cutting standards I have recommended can be formulated. 
How can we know how best to cut trees and retain the forest 
environment without knowing the environmental effect of how we 
have been cutting trees? 

The Ministry of Natural Resources has proposed a class 
assessment of forest management techniques, including cutting 
methods. The Commission's review of the most recent draft of this 
assessment concluded that it is a paper tiger. How can one 
propose a class or general assessment of a cutting method when its 
environmental effects are most likely to be local and specific in 
nature, dependent on soil attributes, and thickness, ground cover, 
topography, slope, drainage patterns, water courses and climate, 
to name some of the probable operative factors? What must first 
occur are actual assessments under the Environmental Assessment 
Act for proposed cutting methods for a representative variety of 
forest areas. 

5.21 Recommendation: 

That undertakings in which particular cutting methods are 

proposed for use in the boreal forest be subject to 

assessment under the Environmental Assessment Act and that 

class assessments of such cutting method not be permitted 

until an information base on the environmental effects of 
cutting methods in representative boreal forest areas has 

been generated from actual environmental assessments. 

These environmental assessments would, I believe, contribute 
to the formulation of the "Standards for Cutting the Boreal 
Forest" I have called for in Recommendation 5.16. These standards 
should, of course, encompass all cutting methods, including 
modified clear-cutting, and the manner and circumstances in which 
such methods are to be used. 

ACCESS ROADS 

One unavoidable aspect of cutting the forest is the need for 
a network of roads to provide access to wood sources and 
transportation of the wood cut. We learned that as much as 10 
per cent of a forested area may be used for roads; and that these 
roads are also needed for regeneration and future tending of new 
growth. They are crucial in fighting forest fires dealing with 
insect infestations and salvaging damaged timber. But they do 
reduce the total area of productive forest. I have concluded as 
well that only in rare instances do access roads not have 
substantial effects on the environment. 

Forest roads have usually been built for forest industry 
purposes - that is, in response to the location of timber stands 



The Northern Forest 



5-28 



to be cut. Full consideration is not usually given to the 
potential harm and side effects of providing road access to 
ecologically vulnerable areas, to isolated native communities or 
to wilderness lakes used by fly-in tourist camp operators. I 
found that access roads can allow sport fishermen and hunters to 
put additional and sometimes excessive pressure on fish and game 
stocks previously used solely for food by local residents. 
Heritage, archeological and historical sites are also placed at 
greater risk. Poor construction and maintenance practice at times 
cause erosion that results in siltation of nearby water bodies and 
some harm to fish stocks. 

On the other hand, I have found that carefully located, well 
constructed and maintained routes can be beneficial. A community 
may support the establishment of road access, particularly if the 
timing of construction and control over access use meets community 
needs. These roads can also serve to distribute sport fishing 
and hunting pressures over larger areas, help meet conservation 
objectives and reduce potential conflicts with subsistence users. 
What this suggests to me is that access roads need to be planned 
and that planning should involve not just government and the 
forest product company, but also affected communities and 
individuals. 

The Northern Development Authority should contemplate 
integrating the planning of access roads into whatever land use 
planning systems evolve. I also envisage that the Authority may 
require the negotiation or imposition of a resource use agreement 
as a precondition of construction of some access roads. It should 
have the power to do so. 

In this way, the Authority would achieve what I believe must 
be the overall objective for access roads - that they be built 
with an eye for all possible uses rather than just those related 
to the objectives of a forest product company - that they be built 
and maintained to benefit the people, the communities and the 
environment of the north as well. 

5.22 Recommendation: 

That the Northern Development Authority be empowered to 

require that a resource use agreement be a condition to 

commencement of construction of access roads north of 
50. 

Each road into the north is unique. As a result, they 
cannot be lumped into a class and subjected to reduced environ- 
mental assessment as the Ministry of Natural Resources would have 
It. The Commission's published study. The Road to Detour Lake , 
describes in some detail the processes involved in securing 
approval, locating and constructing a major access road to a mine 
site in a remote northern area. In my opinion, the study 
dramatically shows the need for assessment of all such roads under 
the Enviromental Assessment Act before the final locations of such 
roads are selected. This will occur if recommendations 1 make in 
Chapter 3 are implemented. 



The Novtheim Forest 



5-29 



REGENERATION 

On the basis of the Commission's review of the supply of 
timber in the province, and in the north, I have concluded that 
the limits of softwood supply have been reached. Regeneration is 
therefore an essential prerequisite to the continuing viability of 
Ontario's forest products industry and to the return of cut-over 
areas to productive growth for the benefit of all forest users. 

Regeneration is the regrowth of the forest; it may or may not 
occur naturally. It may be encouraged and in some situations, may 
be possible only through human intervention. This can involve 
preparation of the site, planting of seed or seedlings and later 
tending, fertilizing and thinning. 

The Commission heard testimony and reviewed considerable 
evidence on the subject of regeneration; frequently stressed was 
that the original species (in the north, mostly conifers) once cut 
do not usually return in their original numbers. Deciduous "weed" 
trees (such as poplar) tend to dominate second growth in the north 
when mixed stands are cut. 

Of even greater concern is the fact that more than 30 per 
cent of all forest areas cut in Ontario have not regenerated 
naturally. Even south of 50, there is cut-over land which 
although initially regenerated artificially is now barren or has 
only minimal plant cover. The conclusion is clear - for 
regeneration of the boreal forest to be effective, continuous 
artificial methods are just as essential as the modified cutting 
methods I have described earlier. 

There are also special benefits from artificial regeneration: 
it permits a choice of the trees to be planted and helps ensure 
the dominance of faster growing more commercially valuable 
species. Artificial regeneration techniques, however, are not 
foolproof; in some places, intensive seeding, planting and 
tending have led to only minimal regrowth. On occasion, errors in 
species selection have prevented regrowth. Yet, over all, 
artificial regeneration has tended to produce a better crop of 
trees than existed in the original forest. 

I presume that the Ministry of Natural Resources assesses the 
success or failure of regeneration in a continuous fashion. Yet 
there is little evidence of this. Considering the amount of 
controversy about the extent and allegedly widespread failure of 
both natural and artificial regeneration, it is strange that the 
Ministry does not regularly release information or statistics 
about these matters. The people of Ontario should be informed 
regularly about the extent and success or failure of such 
regeneration. The many roles of the Ministry and its concerns for 
resource production , resource based employment as well as resource 
conservation cause inevitable conflict, or at least the appearance 
of it. This has led to repeated calls for independent review of 
forest management. 



The Northexm Forest 



5-30 



Debate over just what regeneration has been done, and with 
what result, should be based on independently certified facts, not 
just reluctantly provided, one-sided information. 

5.23 Recommendation: 

That an Independent Forest Audit Agency be established with 
powers, obligations and Independence similar to Chose of the 
Provincial Auditor. 

5.24 Recommendation: 

That the Forest Audit Agency Inspect, monitor, measure and 
report upon the condition of the province's forest and all 
aspects of forest managment; and that the Agency be headed by 
an Inspector of Forests whose appointment is subject to the 
approval of the Legislature and is for a term of years and 
level of remuneration that ensures independence. 

5.25 Recommendation: 

That the Inspector of Forests should report to the 
Legislature annually on the condition of Ontario's forests, 
the conduct of forest managment, the success or failure of 
management techniques including regeneration and the 
performance of sustained yield and other obligations imposed 
by forest nanagment agreements on forest product companies 
and the Ministry of Natural Resources. 

While dealing with matters of independence and 
accountability, I must say I was shocked by the disappearance of 
the post of the Provincial Forester. This official at one time 
was the senior public servant in the provincial Government 
responsible for the conservation and use of Ontario's forests. 
The position now seems to have been relegated to the second tier 
in the Ministry of Natural Resources bureaucracy and given the 
designation: "Executive Co-ordinator, Forest Resources Group". 

I believe the people of Ontario need to know who has 
operational responsibility and is directly accountable to the 
Minister of Natural Resources for the management of their 
forest. 

5.26 Recommendation: 

That the post of "Provincial Forester" be re-established 
within the Ministry of Natural Resources. 

My Commission was unable to determine with any degree of 
accuracy the capacity for regeneration in forest lands north of 
50. From my own observations and the limited evidence of others, 
the Commission has been forced, as I indicated earlier, to 
conclude that regeneration lags far behind cutting, but we can 
provide no estimates of the extent of this lag other than to 
conclude that it is substantial. I have no doubt that efforts are 
being made to reduce this backlog but the lack of reliable 
information also prevents me making any accurate reading of the 



The Northern Forest 



5-31 



extent and results of these efforts. Part of this problem arises 
because very little is known about the regenerative capabilities 
of specific sites before the decision to cut is made. 

What is clear though, is that extensive regeneration at 
vastly increased rates is required over the next several decades 
to ensure that Ontario's forest industry has the wood supply 
needed to feed its existing mills. This will be costly but there 
are no alternatives. What is more, regeneration must be carefully 
monitored to determine which measures are or are not working. 
Failures, if not quickly discovered, introduce further lags which 
will again distort estimates of presumed supply in decades ahead. 

I think it useful to describe what the Commission has learned 
about regeneration and the extent to which various methods of 
regeneration may be relied upon. Natural regeneration is 
obviously less expensive and more likely to be successful in 
modified or shelter-cut areas. It too, however, must be monitored 
since it can be unreliable in some circumstances - for example, 
because of unpredicted variations in seed supply and climate. It 
is, nonetheless, the only feasible method for regenerating forest 
growth on shallow soils or on sites accessible only in winter. 
The real question is whether such sites should be cut at all in 
the northern reaches of the provincial forest. If there is any 
significant use or alternative, I believe the forest should not be 
cut. 

Artificial regeneration is by necessity required for clear- 
cut areas. Even in clear-cuts, however, some trees are left 
standing. But these can only provide natural seeding for what the 
Ministry estimates is 10 per cent of the area involved. Artifi- 
cial techniques normally result in initial regeneration of 
approximately 60 per cent of the area clear-cut. If we presume 
that a further maximum of 10 per cent is regenerated naturally, we 
have a 70 per cent area regeneration. There is also, I believe, 
an average minimal failure rate of about 10 per cent in areas 
being regenerated. It is clear, therefore, that our regeneration 
efforts must increase the volume of wood fibre per hectare by at 
least 30 per cent if the second forest is to be as productive and 
commercially valuable as the original forest. 

The first step in artificial regeneration usually requires 
preparation of the soil surface; this involves exposing mineral 
soil by machine "scarification" (a form of tilling). Chemicals 
or fire are occasionally used to remove unwanted vegetation 
including the slash left behind after cutting. In some 
circumstances, these methods may, in fact, expand the size of 
available seed beds. Some areas in the boreal forest cannot be 
scarified (for example, black spruce swamps cut during winter). 

Site preparation is most often followed by manual planting of 
seedlings; the Ministry of Natural Resources informed the 
Commission that this technique is more successful than mechanical 
planting or seeding. Once the seedlings have grown into small 
trees, regeneration is enhanced by removing unwanted trees; 
tending and thinning, or "cleaning", as these practices are 
called, contribute to steady growth of larger volumes of timber. 



The Northern Forest 



5-32 



Cleaning, in most instances, is done manually, yet is not widely 
undertaken. The Ministry indicated that cleaning is rarely 
performed in clear-cut areas, with the result that undesirable 
species grow unchecked and regenerated commercial timber volumes 
are lower than they might otherwise be. 

Few steps are taken in these areas to control infestations of 
pests. Indeed, insecticides have been applied in recent years to 
about only one per cent per annum (roughly 10,000 hectares) of the 
province's productive forests. The Ministry of Natural Resources 
estimates that only 10 per cent of cut-over areas are cleaned 
manually, though chemical cleaning with herbicides is a growing 
practice; 10,600 hectares were treated in 1982/83 and 23,125 
hectares in 1983/84. 

Failure to assess the environmental consequences of these 
procedures could in my view be disastrous to northern ecologies. 
We do not know enough at this time about how these sensitive areas 
react to outside agents. In particular, I firmly believe we need 
to know much more before permitting wholesale use of insecticides. 
The recommendations made in Chapter 3 would cover, if implemented, 
such uses of chemicals. 

The assessment of environmental consequences I have 
recommended should not be permitted to delay regeneration efforts. 
In particular, if we are to make up for the decrease in timber 
volume that appears to occur after clear-cutting, regeneration 
activities must commence soon after cutting and be expanded to 
cover the bulk of the forest land that has been cut over. 

5.27 Recoimnendation: 

That the Ministry of Natural Resources take all necessary 
steps to ensure that seedlings with genetic qualities of 
faster growth and larger timber volume be planted on at least 
80 percent of cut-over areas immediately after cutting or as 
soon as weather otherwise permits. 

We must, as well, recognize that artificial regeneration can save 
up to 10 years in the time it takes for a regenerated forest area 
to be cut again. Such time-saving should encourage the province 
to expand its artificial regeneration efforts as much as possible 
possible. Provision should also be made for replanting the areas 
in which regeneration has failed on a continuous basis. 

I have concluded that follow-up regeneration efforts - known 
to foresters as intensive forestry - must be substantially 
increased if sustained yield forest management is to become a 
practised reality. Most regeneration currently involves "basic" 
forestry - that is, site preparation, seed and seeding production, 
seeding and planting. This has increased greatly in Ontario in 
recent years. Intensive forestry on productive sites - from which 
some foresters are firmly convinced can come larger volumes of 
commercial timber than those cut from the virgin forest — calls 
for spacing of juvenile trees, extensive thinning and 
fertilization. 



The Nopthem Forest 



5-33 



Ideally, in the view of Professor F.L.C. Reed, a professor of 
forestry policy at the University of British Columbia, we should 
each year be spacing and thinning juvenile tree crops in areas 
equivalent in size to those artificially planted. Moreover, since 
fertilizer can reduce by five to 10 years the time required for a 
near mature stand to achieve timber volumes that make cutting 
commercially viable, we should, if at all possible, be fertilizing 
all suitable areas. 

5.28 Recommendation: 

That the Ministry of Natural Resources take whatever steps 
may be necessary to expand intensive forestry activities by 
the Ministry and licensees, such as thinning, spacing and 
fertilization, so that by 1990, all areas artlflcally seeded 
or planted are spaced and thinned at Intervals of time 
acceptable to the Inspector of Forests. 

I have already said that the province must ensure that we 
regenerate the back log of forest land that we have failed to 
regenerate properly within a reasonable time. To accomplish this 
goal and to carry out the basic and intensive forestry that 
sustained yield forest management requires will obviously involve 
a substantial increase in provincial expenditures. This will be 
directly offset to some extent by the employment I believe will be 
created by a much expanded regeneration effort. But the 
Government may find that the hard reality is the need to raise 
taxes and stumpage fees in order to obtain the necessary monies. 
I do not believe there really is any choice in the matter if we 
want the forest to continue to be the contributor to the 
provincial economy that it has always been. 

There are those who will argue that expending more money on 
Ontario's forest is foolhardy if the forest products industry 
cannot compete internationally and if there is not going to be a 
long-term demand for our wood products. 

The current and best view of the industry's prospects (the 
May, 1984, report of the Ontario Economic Council mentioned 
previously) is that it is alive, well, competitive and will remain 
so for the foreseeable future. Shrinking timber supplies are the 
industry's major constraint and may mean that it will not be able 
to expand its processing capacity. 

What, then, of the market for the province's products? On 
the basis of information gathered by the Commission, I have 
concluded that there will continue to be substantial demand for 
Ontario's forest products well into the next century. Indeed, the 
Ministry and the Government of Canada have estimated future demand 
projections that have caused them to adopt and set an expanded 
national wood production target. This target, which was endorsed 
through the Canadian Council of Resource and Environment 
Ministers, calls for 200 million cubic metres of wood by the year 
2000 which is approximately 40 per cent above 1981 production 
levels. It amounts to an average annual increase in production of 
about 1.8 per cent as compared with the UN Food and Agriculture 



The Northeim Forest 



5-34 



Organization's projection of 2,1 per cent per annum increase in 
world demand for industrial round wood over the same period. 

So demand is not a problem. Without good quality trees to 
cut and process, however, demand is a hollow concept. So too are 
all of our land use planning exercises. They assume a supply of 
timber which does not yet exist and never will unless we honestly, 
and intensively act to restore the trees we take from this once 
bountiful but now threatened resource, our forest. Without it, 
the northern environment will be a northern desert. 




The Northern Forest 



CHAPTER 6 

THE MINING INDUSTRY 

MINING - SEARCH, DISCOVERY AND TECHNOLOGY 

A revival of the search for gold with its aura, distinctive 
atomosphere, stimulus, hope and fulfilling enrichments that gold 
discoveries never fail to produce is the mineral industry's 
challenge to the Government of Ontario: to re-establish the 
climate proven to have been so successful in its past history when 
it promoted development of the northern frontiers which led to 
additional diversified spin-offs in other natural resources. 

It is of the utmost importance to reflect on the historic 
significance of gold mining to the economy and stability of the 
province. When the 1929 economic depression struck, the 
Procupine/Kirkland Lake gold mines provided an anchor which 
shielded Ontario from the full severity of these destructive 
ensuing years. In 1939, with the outbreak of World War II, mining 
supplied Canada and Ontario's need for gold to finance its war 
purchases from abroad. A continuing anchor in the years ahead may 
be Ontario's Heralo and Detour areas, major new gold districts 
which may challenge the record of the Porcupine/Kirkland Lake 
district as their full potential unfolds in yet another time of 
world financial stress and unemployment. As the old Chinese 
proverb signals: "Gold is tested by five, man by gold". 

Little is known about mineral reserves or real potential in 
this vast territorial one-half of Ontario's land area (543,900 
square kilometres) lying north of the 50th parallel of latitude. 
While it is composed of bedrock assemblages which are known to 
host economic mineral deposits as can be found in the districts of 
Red Lake, Pickle Lake, Uchi Lake, Sachigo Lake, Confederation Lake 
and Favourable Lake, the area's true full mineral potential is 
simply unidentified. The area is bounded by the CNR railway line 
in the south, Hudson Bay and James Bay across the north, Manitoba 
along its west and Quebec along its east flanks. 

Ontario is built on a foundation of Precambrian rocks which 
form one major craton, or platform (commonly known geologically as 
the "Superior Province", pre-2500 million years of age), occupying 
the central part of the Canadian Shield from longitude 68°W to 
longitude 96°W. It is composed of intensely deformed and 
metamorphosed sedimentry and volcanic rocks and granite intrusions 
occupying a central position, all of which encircle and underlay a 
most predominant geographical feature — the waters of the Hudson 
and James Bays. A thick flat-lying strata, Phanerozoic sediments 
(sandstones, limestone and shales) form the floor of the two bays, 
geologically referred to as the Hudson Platform. They extend 
south into the shore lowlands for 322.6 kilometres, overlaying the 
Precambrian in the Hudson Bay basin. 

The region under study north of the 50th parallel straddles 
the two main bedrock assemblages mentioned — the Precambrian and 
the Phanerozoic. Both of these are mantled by varying thicknesses 
of geologically young, unconsolidated deposits — gravel, sand, 



Mining 



6-2 



silt and clay sediments, and heterogeneous materials — laid down 
during the last ice age and afterwards. 

The Precambrtan Shield underlies the central and western 
parts of Ontario north of the 50th parallel. This is an area of 
rolling terrain, at places quite rugged such as the Sachigo Hills 
at the 54th parallel which rise 360 metres above sea level. Where 
the overburden within this area is moderate to shallow, 
prospecting and exploration has uncovered several significant 
occurrences of precious metals and metallic minerals. 

The Lowlands region is underlain by the more recent 
Phanerozoic rocks, which in turn overlie the Precambrian in two 
main basins, separated by the Cape Henrietta Maria arch. Over 
most of this arch, the Phanerozoic layer is thinner than in the 
basins and Precambrian rocks protrude above the general surface of 
the Lowlands at a few places — notably by the Sutton Hills which 
rise to 260 metres above sea level. 

The Precambrian rocks immediately south of the Hudson 
platform are significant, having proven to host a great diversity 
of economic mineral riches. Centering on Cobalt, the great silver 
discovery of 1903, and within a radius of 240 kilometres from its 
hub, there are located the remarkable mining districts of 
Porcupine/Timmins , Kirkland Lake, Gowganda, Larder Lake, Temagami, 
Sudbury and Elliot Lake; and in Quebec — Noranda/Rouyn, Malartic, 
Val-d-'Or and Temagami. Collectively, this historic mining area 
produces new wealth in silver, gold, nickel, copper, platinum, 
zinc and uranium. Within the same geological area, a new mineral 
district of consequence unfolds 300 kilometres north of Cobalt — 
the "Detour" area — at the edges of the Lowlands. 

This entire area demands continued geological input, as well 
as expanded research and development to gain more information on 
this vital region that is home to many polymetallic as well as 
precious metal mineral deposits and, unquestionably, other 
unidentified potential. 

MINERALS - SEARCH, DISCOVERY AND TECHNOLOGY 

Of all of our planet's natural resources, minerals are with- 
out question the most unique. Emanating from the bowels of the 
earth, held captive by the earth's crust and further hooded from 
sight and exposure by a mantle of unconsolidated deposits, 
minerals in their various forms command all the ingenuity, 
persistence, determination, experience, wisdom and expanding tech- 
nology of man to unravel the mysteries of this ever-challenging 
resource. Nature, the Creator or whatever, has an exasperating 
tendency to tease, confuse and contradict assumptions as it 
proceeds to guard and withhold its mineral secrets. 

Unlike the farmer, the miner cannot create a new deposit in 
mined-out areas to compare with the growing of a new crop to 
replace the annual harvest; unlike the fisherman, the miner cannot 
return to the same banks; and, unlike the forester, the miner 
cannot rotate around a perpetual forest. No, the miner is 
different! He has no option to rotate around a renewing resource. 



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He is of the engineering science, a specialty in the true sense of 
the word, and administration of his industry has no place in a 
catch-can government box where his science is not fully understood 
and recognized. The innovation and entrepreneurship of mining 
personnel is a force that probes the earth's crust to discover and 
expose the new resources for productive use. The miner must 
annually recharge his enthusiasm to continue the search for new 
mineral deposits and negate any disappointment of year past. 
Fortified by natural enthusiasm, experience, knowledge, expectancy 
and progressive technology available, the miner renews his search 
for ore deposits well aware that ore is where you find it and only 
persistence and dedication can spell fortuity (and lady luck, 
somehow, may become involved). 



To each belongs a talent. 
Precious is the prospector' s delight 
when he, in success, can add a 
dimension to Ontario's future! 



HISTORY 



The Canadian Pacific Railway was completed across Ontario in 
1884, following a route along the north shore of Georgian Bay 
through Sudbury and on north of Lake Superior to Fort William and 
thence westward through Ignace and Kenora to Winnipeg. While 
nickel mineralization had been recognized by Government geologist 
Alexander Murray in 1856, it took construction of the railway 
through the area before any serious attention was given to the 
presence of copper and nickel mineralization that was to open up 
the greatest nickel deposit in the world. As the story goes, some 
Americans were developing an iron deposit to the southeast of 
Sudbury and had built a railway to transport the ore when they 
found the iron unsaleable due to excessive sulphur content. 
Shocked by their losses, the principal of the group contacted the 
general manager of the C.P.R. in whose offices he showed some 
samples of rock from a rockcut west of Sudbury. The end result 
saw the opening of mines at Copper Cliff and Stobie in 1885. 
Subsequently, the great nickel/copper mines of the Sudbury Basin 
were defined, developed and brought to production by INCO Ltd. and 
Falconbridge Ltd. whose exploration and development programs of 
the Basin continue. 

The completion of the National Transcontinental Railway (now 
Canadian National) in 1914, opened a continuous rail route in the 
area of the 50th parallel. The railways marked the beginnings of 
overland east-west transportation and the establishment of new 
communities along the route. 

The silver mines of Cobalt, discovered while constructing the 
Temiskaming and Northern Ontario Railway, not only excited the 
nation but set going Ontario's mining industry and firmly laid the 
foundation for a strong mining fraternity of prospectors, applied 
and economic geologists and engineers whose exploits fill the 
annals of Canadian mining. Their early exploits were indeed 
heightened through their remarkable foresight and wisdom in the 
midst of early success to survey the future and recognize the 
Immediate and imperative need to fulfill the curiosity of northern 



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youth in the future potential of this new and formidable industry 
that was releasing a basic flow of wealth into Ontario's economy. 
In 1912, they initiated and supported the introduction of special 
classes in mining studies at the new Haileybury High School. 
Located at the heart of the action, where the science was being 
applied, their students wound up in the Cobalt silver camp eight 
kilometres to the south. Mining companies and the fraternity were 
determined to expand the mining studies and equipped a separate 
centre of mining instruction and technology, and again expanded in 
1929. Today Ontario is rightfully proud of the Haileybury School 
of Mines and its ongoing graduate stream. 

Unfortunately for Ontarians, as new high schools were 
progressively opened in the north and northwest, the Ministry of 
Education failed to recognize the wisdom, impact and success of 
the Haileybury example and implement studies conducive to the 
region's resources such as mining, forestry, commercial fishing 
and trapping. Crucial to the development process across the 
frontier is an educational system which relates to the natural 
resources of the region. While northern schools continue to 
recommend more curriculum studies relevant to their area, 
theoreticians resident elsewhere continue to rule. 

The impact of Cobalt (silver production rose in 1911 to 
31,507,191 ounces) was all encompassing to the point of finance. 
The source of new capital, originating out of mining activity went 
forward to grubstake prospectors and finance developers, 
re-investing in the future of mining. 

Out of Cobalt moved these experienced, practical prospectors 
geologists and engineers (1906-11) in fresh waves of search and 
discovery to reach high points of success and a torrent of 
discoveries and development in what was to become the fabulous 
gold belts of Porcupine (Timmins) and Kirkland Lake. These 
successful efforts quickly established Canada as the world's 
second largest producer of gold, (an honor Ontario, if a nation, 
could have claimed). 

Spurred on with finances supplied by their own industry, and 
the successes in the Porcupine/Kirkland Lake and northwestern 
Quebec camps the wave of prospectors rolled with momentum to the 
north and westward along the National railway to the Patricia area 
and by canoe and dog team to Red Lake where the Howey mine led the 
trail. This discovery over 160 kilometres from the steel 
precipitated the advent of air transportation in the 1920 's. 

Other prospectors found success along the shield in Little 
Long Lac, Geraldton and Beardmore. With the expansion of air 
transportation manned by similarly enthusiastic bush pilots, it 
became possible to reach deeper and deeper into the frontier to 
points such as Central Patricia, Pickle Crow, Favourable Lake, 
Sachigo, Confederation Lake and Uchi. 

The prospector with his pick and canoe was first to pierce 
Ontario north of the 50th parallel. He was in search of "gold", 
that most favored mineral whose market took everything you could 
produce, and the refined product did not require a railway or road 
to get it to market. Nevertheless his interest did not rest 

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6-5 



there, as he took note of all rook formations and recorded any 
base metal mineralization present, as well as the tree species and 
quality of the surrounding forest, the fish common to the waters 
he travelled and the wildlife and waterfowl present. When you 
left the railway towns, mining was responsible for building the 
new northern communities, many of which today have become service 
centres, transportation corridors and the hub of a more 
diversified economy by accommodating other resource industries 
such as tourism and logging. 

THE IMPACT OF THE MINING INDUSTRY ON ONTARIO'S ECONOMY 

Canada is the world's largest per capita mineral exporting 
nation while Ontario is the largest producer of metallic minerals 
in Canada and the second largest mineral producing province. 

The Ontario mining industry in 1984 employed directly 
approximately 28,000 people, created $4.4-billion in wealth, being 
one of the few enterprises to release a basic flow of new wealth 
into the economy. The industry's annual direct costs include 
approximately $I-billion in wages and salaries, $350-million for 
fuel and electricity and $530-million for process supplies. 
Excluding corporate taxes, the province received mining revenue in 
the amount of $31 .9-million in 1984; ( $160.5-million in 1981). 

Ontario's primary mining industry enhanced the basic strength 
and material well-being of the province by creating new wealth 
(money) in gold/silver and by producing a diversity of metallic 
minerals which effectively positioned Ontario to initiate and 
expand as the leading manufacturing province in Canada in primary 
metal industries, metal fabricating industries, transportation 
equipment industries and electrical products industries, that 
collectively employed 307,196 people in 1981 and produced a value 
of shipments of goods (of own manufacture) totalling $42,455- 
billion with value added of $16.815-billion for a gross of 
$59.270-billion. 

EXPLORATION 

The mining industry must maintain its search for new mineral 
resources to survive. The immensity of the industry's annual 
input is illustrated by their exploration bill for year 1983 
that totalled $171-miilion in Ontario alone. It is noteworthy to 
recognize the immensity of this exploration bill which means an 
investment of almost one-half million dollars a day every day 
during 1983, or $20 for every man, woman and child in the province 
for the year. No other industry undertakes chance investments of 
such proportions in search of its resource. The fact that being 
involved in the biggest game of blind man's bluff has, from time 
to time, paid off in unpredictable but impressive discoveries, 
does not alter its essentially risky character. 

An example of such risk is to be found in Pickle Lake, 320 
kilometres north of Ignace , a thriving community that came into 
being in the early 1930 's. Here, two major producers — Central 
Patricia and Pickle Crow gold mines — were steady producers of 
gold until Central Patricia closed in 1950 and Pickle Crow in 



Mining 



6-6 



1967. The community then became a transportation centre and 
exploration for new mineral resources was increased. In 1974, 
Union Miniere Explorations and Mining Corporation (UMEX) announced 
it would open a copper mine at Pickle Lake. In 1976, Umex (the 
Thierry Mine) was brought to production at a cost of $110-million 
with 330 employees. The company proceeded to provide modern 
housing and build 94 new homes, two apartment complexes and a 
trailer court accommodating 45 units. 

Unfortunately the price of copper dropped and, in early 1982, 
the company, having suffered accumulated losses of some $65 
million, was forced to close and put the mine and new townsite in 
wraps to await an improvement in the price for their product. 

A community experienced in the land of hard knocks, Pickle 
Lake today is vibrant with prospectors and development projects 
centering on gold, determined their town will prosper again, as 
every indication of success continues to unfold through new finds 
in the area. 

Currently, the industry, led by long-established Canadian- 
owned mining companies, has committed between $750-million and $1- 
billion to mine development and mill construction in Ontario. 
It exemplies how mining continues to lead the way in northern 
development by their programs at Detour Lake, Heralo, Opapimiskan 
Lake, Pickle Lake, Sturgeon Lake and Cameron Lake, thereby 
expanding Ontario's golden horseshoe while extrapolating extended 
geological knowledge into the mysteries of the science. 

The breadth of the industry's further impact on Ontario's 
economy is set out in the following quotation from the Ministry of 
Natural Resources, Mineral Resources branch paper The Role of 
Mining in Ontario's Economy ; "Metal rrtining , smelting , refining 
are the most highly value productive of all of Ontario's major 
goods producing industries. The value added on average per worker 
per year, for metal mining, smelting and refining (total activity) 
is approximately 30 per cent higher than the average for all 
workers in Ontario's industries. The value productivity per 
worker, for total metal mining (excluding smelting and refining) 
is about 90 per cent higher than the average per employee per 
year, for all workers in Ontario. (Clearly, more wealth is 
created by a miner than by a smelter or refinery worker.) 
Comparing this with specific other industry sectors, value 
productivity for total metal mining is 150 per cent higher than 
for textile workers, 66 per cent higher than for food and beverage 
workers, 98 per cent higher than for workers in the machinery 
industries; and, in comparison iHth the relatively higher value 
productive industries, metal mining is 44 per cent more value 
productive than the transportation equipment industry and 58 per 
cent more productive than chemical and chemical products 
industry, 

"Looking at value productivities of the other indigenous factor of 
production, i.e. land, the value produced per acre per year for 
all Ontario mining is over 155 times as high as the value produced 
per acre per year for Ontario agriculture ; this figure ranges from 
a multiple of about 32 if compared with wheat, down to a multiple 



Mining 



6-7 



of about 40 compared with fruit. Compared with the Ontario 
forestry industry y the value productivity per acre of mining is 
about 7 ,000 times as much. These figures should be viewed in 
light of the fact that the area directly affected by mining in 
Ontario is only about six per cent of the area taken up by all of 
Ontario' s roads and highways, 

"In terms of wealth creation and of the material welfare of 
the Province then the mineral sector contributes more on any sig- 
nificant input basis than any other sector of the Ontario economy. 
This means that a job created in metal mining, makes us all richer 
than a job created in any other industry and a job transferred 
from metal mining to any other industry makes us all poorer." 

Mining is an industry that has played a formidable part in 
strengthening Ontario's economic position, has always paid its way 
and received little assistance from the taxpayers to maintain its 
health and expansion. Unfortunately, the mining industry lost its 
core position and recognition of its ongoing importance to 
Ontario within the Government of Ontario following the decision to 
abolish the world-respected Ministry of Mines. Mining is now 
included within the jurisdiction of the Ministry of Natural 
Resources along with forestry, parks, outdoor recreation, 
commercial fishing and trapping, a group of associates whose 
concerns differ greatly from those of the mining industry. 

MINING AND GOVERNMENT 

I have found from those involved in the mining industry that 
apprehension has developed with respect to the relationship 
between the mining industry and Government. They maintain that 
the amalgamation of the former Ministry of Mines has proven 
unsatisfactory. The mining industry believes it has been left 
without a minister to champion its respectful and earned place at 
the planning table in Cabinet. I have come to believe this is to 
the detriment of the province and the industry, particularly its 
prospectors, developers and operators who have been left on their 
own in an intolerable situation. 

The industry cannot help but reflect on the progress, success 
and confidence it achieved in dealing with its urgent priorities 
under its own Ministry, when specialized staff in the field and 
Ministry's main office provided a uniform knowledgable service to 
the industry and the public. Therefore, I believe the industry 
should once again have its own minister present in Cabinet to 
uphold both the industry's need to maintain mobility and the 
province's need to sustain the manufacturing industries which have 
grown out of mineral production. 

6.1 Recommendation ; 

That the Government of Ontario recognize the full importance 
of the mining industry to its economy and the future welfare 
of Ontario by reinstituting the Ministry of Mines. 

A highly unreasoned distortion of judgment has developed in 
the province whereby the prospector/entrepreneur, who set the pace 



Mining 



6-8 



of Ontario's remarkable history in mining, is subjected to 
bureaucratic regulations with unending changes that restrict his 
normal options to raise money to undertake his exploration work or 
develop a mine (to the point of eliminating the junior mining 
industry and its speculative spirit). A prime example for Ontario 
is the now famous Hemlo camp where the prospectors had to resort 
to the Vancouver Stock Exchange to raise the funds necessary for 
their gold finds. 

Mining is an individual engineering science industry dealing 
initially with sub-surface resources, highly dependent upon 
search, research, on-going experience and application to improve 
mining methods, and to advance the science in engineering, 
geology, rock mechanics, metal uses and world markets, and whose 
interests do not simply rest as producers of raw materials. Its 
natural affinity and interest lie with engineering manufacturing 
industries that use metal products, such as steel mills, 
machinery, electrical, transportation equipment and instruments, 
(which industries must maintain continuing research to develop new 
alloys to better serve the demands of changing needs). The raining 
industry must always be fully cognizant of these changes and to do 
so must keep posted and be involved with the engineering 
industries' research to understand and fulfill the raining 
industry's need to become raore flexible in responding to changes 
in the demands for metals. 

To keep Ontario's manufacturing engineering industries strong 
and competitive, the province must assess its priorities, and 
idenify clearly the place mining is expected to play in main- 
taining Ontario's leadership and define government's commitment to 
promote its expansion. The world is moving to new needs for 
strategic minerals such as chromiura, cobalt, tungsten and 
vanadium, as well as for new space age metals such as germanium, 
columbiura, tantalum, titanium, yttrium, gladolinium, which 
clearly indicates the industry of raining has no sunset. 

Ontario's mining industry has established a fine record in 
its coramitraent to improvements in the efficiency and economy of 
the industry through the principles of human relations (including 
building communities and services for the people in remote areas), 
technology, applied environmental protection and the careful 
extraction of the resource with particular attention to mine 
safety practices and mining methods that substitute machines for 
human muscle and reduce hazards at the workplace through 
automation and remote control. The industry's research into rock 
bursts and rock structures, delving into highly variable rock 
compositions (their strengths and weaknesses) that are often 
difficult to predict, is imperative research in which the 
Government should become deeply involved coupled with 
international research, as an ongoing necessary commitment to more 
safely guide and control mining, 

6.2 Recommendation: 

That in order to advance the rate of mine exploration and 
development in the north of Ontario, the Ministry of Mines 
increase its geological and technical staff to undertake 



Mining 



6-9 



innovative research, mapping, geo-chemical testing, airborne 
geophysics and diamond drilling. 

6.3 Recommendation: 

That the Ministry of Mines continue to support research on 
rock bursts and rock mechanics in coordination with similar 
research underway in other countries to improve the ability 
to predict unsafe rock conditions in mines and enchance safe 
ore recovery in mining incompetent rock structures. 

6.4 Recommendation: 

That the Ministry of Mines review the appropriateness of 
existing taxes Imposed on the mining industry and recommend 
reforms which would encourage greater exploration and 
development in Ontario. 

MINING AND THE ENVIRONMENT 

While I have outlined the effects of mining activities on the 
environment in Chapter 3, I would stress that what should be done 
to protect the environment is to be judged with reference to what 
is known to be technically feasible, practical and economically 
reasonable. The starting point in any new project area is the 
best existing technology. 

It is recognized that raining as an industrial sector, an 
economic growth engine, has by its needs of nature the potential 
to abuse the environment, and therefore recognizes that its 
activities must be controlled as closely as that for any other 
potential polluter. 

The first guardians of the environment are the people. In 
the case of raining, the location of the economic mineral find 
dictates where the mining plant is built. The industry has had 
the responsibility of building the housing and services for its 
employees. Located in remote areas, social and recreational life 
is built around the natural surround, the lakes, rivers and forest 
which provide both recreation and food supplement. Therefore, in 
those areas the industry is immediately cautioned by the people if 
any pollution from the operations are noted. As a result, the 
mining industry appears to have developed a real awareness for 
environmental protection. 

Ontario is endowed with precious, enviable resources of fresh 
water lakes, fresh flowing rivers and streams. The fact that 
Ontario has command of a major proportion of Canada's waters 
brings responsibilities to Ontarians, requiring a mature outlook 
demanding effective, constant water control standards throughout 
the entire province. 

The Government has exemplified its awareness of the need to 
maintain water quality, particularly during the last 10 years, in 
the north by investing large sums to fund improvements and 
construction of new sewer and water facilities in many northern 
towns and municipalities. 



Mining 



6-10 



As yet there have not been any major environmental catastro- 
phies documented in the northern region under study which could be 
attributed to mining activities. However, I have heard members of 
the raining community admit that some adverse environmental impacts 
have been associated with the industry in the past. However, from 
the evidence received by this Commission, the mining sector can be 
generally applauded for its efforts of the past 20 years to avert 
adverse environmental impacts. It is most assuring when senior 
mining executives demonstrate their awareness of the needs to 
protect the environment and waterways by their preparedness to 
make the expenditures necessary to do so. 

Upon the Government's introduction of the Environmental 
Assessment Act of 1975, the Ontario Mining Association on behalf 
of its members indicated in its submission that the Association: 

"... supports the present Environmental Assessment Act . The 
procedures as set out in the Act have been the normal procedures 
in the mining industry in Ontario for some years now and have 
proven highly effective." In doing so, the industry referred me 
to the examples set by the Griffith mine located in Ear Falls in 
the midst of the tourism area and Packwash Provincial Park, the 
Inco mine at Shebandowan, the Mattabi mines at Sturgeon Lake, the 
inactive Theirry mine in Pickle Lake, the inactive South Bay Mine 
north of Ear Falls and the inactive Temagami copper mine located 
on an island within a provincial park. Griffith Mine officials 
told the Commission that "The current popular belief that 
industry is not mindful or even neglectful of environmental 
matters is unfounded and has been disproven at the Griffith 
Mine . " 

Over the past 30 years the Sudbury mines have invested vast 
sums in research, new plants and prototypes to contain the sulphur 
present in the nickel/copper ores, successfully reducing their S02 
emissions between 65 and 82 per cent. Not resting on any laurels, 
they continue to expend millions annually in efforts to capture 
the remainder. 

Finally, the successes of the mining industry's environmental 
protection practices can largely be attributed to successful 
preoperational planning and the installation of environmental 
control technologies. As a result of public and political 
pressures calling for the implementation of such measures, mining 
companies have shown their support of environmental protection by 
their willingness to assume increased economic costs to ensure 
that their developments are publicly acceptable. They have 
recognized that it is far easier to keep the people of the 
development area informed and that it is cheaper to plan, install 
and protect than to pay fines and try to correct later. Aside 
from the improvement early action brings in public relations, such 
action also reduces the chances of expensive delays in the 
approvals process, and reduces the chance of having a project with 
high economic potential being misunderstood or dismissed. Public 
awareness is a new requisite of the times. 



Mining 



6-11 



6.5 Recommendation: 

That any new mining reduction mill or expansions of 
existing mills must incorporate the latest proven pollution 
abatement technologies and techniques into the design of the 
milling process. 

I believe that mineral production will continue to be a 
bulwark of Ontario's financial and manufacturing strength, and so 
the search must continue. Given that the industry has no control 
over location, special consideration in the matter of land use is 
necessary. Whenever and wherever economic ores are found, serious 
consideration should be given to their development. Mines do not 
come easily! 

Time has proven the stability of polymetallic mineral 
deposits such as Sudbury, Kidd Creek, Manitouwadge, Sturgeon Lake 
and South Bay across Ontario, even through depressed economic 
times, which spells a clear warrant to effectively broaden our 
information base in northern Ontario. 

Ontario's formidable production of nickel, copper, uranium, 
zinc, iron, silver, platinum, cobalt, etc. — those metals 
presently in greatest demand for our domestic industrial plants 
and the export market — play a dominant role in Canada's raining, 
while providing the basic foundation to Ontario's engineering 
industries such as metals, machinery, transportation equipment, 
electrical and instruments. 

Mining exploration across the vast area of Ontario north of 
the 50th parallel is relegated to move at a slower pace due to the 
area's remoteness involving greater costs for prospecting and 
development; geological mapping is incomplete; heavy overburden 
over much of the land resists effective penetration by modern 
exploration technology. Nevertheless, the mining industry is 
confident that many viable ore deposits remain to be discovered as 
research improves exploration techniques and further mapping is 
completed. 

Optimism is the byword of the mining industry, noting that it 
took 50 years and the advance of geophysical instrumentations and 
technology to successfully penetrate overburden and discover major 
unidentified polymetallic mineral deposits as Manitouwadge, Kidd 
Creek, South Bay and Sturgeon Lake. Notwithstanding a highway 
through the area, it took 60 years of ongoing persistence and 
investment in the Hemlo area, begun in the early 1920 's with the 
first geological survey and mapping in 1931, for a break-through 
into the sub-surface secrets of the area. 

"It is the hour, while a vital resource industry' s assemblage 
of wisdorrij expertise and entrepreneurial skills amongst those 
involved in and associated directly with the industry remain high, 
that Government must apprize the industry' s full impact and 
relative importance to the economy as a whole, to proceed and 



Mining 



6-12 



define its future goals and expectations of vt , and at the same 
time fully recognizing its own responsibiUtxes to mavntavn the 
existing skill structure built and erect any necessary bracvng on 
time to sustain this valuable bank of knowledge." 




Mining 



CHAPTER 7 



TOURISM 



Ontario's stature and personality originates from its 
heritage of life's controlling and commanding element — water! 
Ontario's water resources are considered to exceed those of any 
other province, state or nation. Water defines Ontario's borders 
and is displayed in hundreds of thousands of lakes, rivers and 
streams within its boundaries. These waters expressively gave 
Ontario its name which means "sparkling waters". 

In nature, water has the ability to surround itself with 
the forest, the home and habitat of all living things — fish, 
waterfowl, birds, the ungalates (moose, deer and woodland 
caribou), as well as other forms of animals and wildlife. Since 
time immemorial, water has provided the means of transportation 
and fixed the sites of industry, beginning with our pulp and paper 
forest industry at our western border on Lake of the Woods, then 
along the north shores of the Great Lakes to the industrial 
heartland in southern Ontario. 

When you move north to the 50th parallel, you recognize a 
gradual change in the forest from the oak, walnut, birch, white 
and red pine of the south to the boreal (northern) forest of 
predominantly white and black spruce, jack pine, balsam and 
deciduous species such as birch and poplar; a forest of smaller 
sized trees but with the majesty retained. While you find the 
northern forest is different, it nevertheless retains the natural 
surround and elements for a healthy, creative tourism industry. 

Readers of this report will recognize, how through actions 
proposed by the Commission (mandated to study how development 
north of 50 should proceed), the aesthetic wonders of Ontario's 
north will still be there for our upcoming generations to enjoy 
vacationing, hiking, canoeing, fishing and hunting, as well as for 
thousands of tourists from across Canada and other countries who 
wish to partake in the experiences and fulfillment to be found in 
the Creator's handiwork. 

In fulfilling the mandate of this Commission, I have been 
governed by two overriding concerns: one is to find ways of 
ensuring that development north of the 50th parallel, when it 
occurs, proceeds in an orderly fashion, working in concert with 
and not at the expense of the environment — including people; the 
other is to explore various means of ensuring northerners are 
involved effectively in decision-making on issues which affect 
them. Such concerns must always be uppermost in our minds in 
dealing with the key field of endeavor which I believe will 
secure the economic future of the north - tourism. 

The communities north of the 50th parallel consist of some 35 
Indian reserves and settlements, divisional point towns built by 
the Canadian National Railway, lumber towns and towns built by 
the mining industry. In the case of towns built as a result of 
these industries, the winds of change resulting from industrial 
closures have forced most of thera to look for new opportunities. 



Tourism 



7-2 



Significantly, tourism, a secure diversification abetted by 
the awesome grandeur and aesthetic beauty of these locations and 
surroundings — the forest and sparkling lakes and rivers — as 
well as the new road systems tied into the Trans-Canada and 
American highways, moved in to fill the void. The Government's 
program of regionalizing administration in northern communities 
has brought further stability to many of these towns, as have the 
improvement and construction of airports across the north inluding 
most Indian reserves. 

Native people and other northerners north of 50 are under- 
standably apprehensive that tourism could develop quickly without 
adequate sensitivity to their circumstances and interests; that 
most of the economic benefits will leak outside the region, while 
the adverse social and cultural impacts will be borne within it. 

This must and need not happen. Therefore, in response to 
northerners' concerns and in recognition of the enormous impacts 
possible through expansion of this crucial industry, I 
commissioned a study on tourism which is being released in 
conjunction with my final report and recommendations. 

This five-volume study, entitled Tourism Development in 
Ontario North of 50 , was undertaken to obtain an assessment of 
opportunities available, a set of realistic alternatives for 
tourism development and a view of tourism's place in the spectrum 
of competing demands for the region's natural resources. 

Specialized wilderness resource-based tourism — encompassing 
angling, hunting, camping and travel — is clearly the most 
appropriate type for the greater part of Ontario north of 50. 

The inaccessibility of the north with its vast land, lakes 
and rivers allows it to lay claim to being a true wilderness. At 
the same time, it is a wilderness whose resources are limited by a 
hostile climate which, for instance, yields a new forest only once 
a century and which many northerners know only too well places 
firm limits on its bounty of fish, fowl and wildlife. In the 
south, resources seemingly renew themselves more effortlessly, 
with speed and increased reliability, reaping the benefits of more 
hospitable climates, longer and faster growing seasons. 

While it is obvious some private investment has found a 
profit base in forests in the north, the number who can anticipate 
similar successful ventures in the future is seriously restricted. 
Indeed, I question for how long such activities can continue 
without their effects causing an intolerable impact on the lower 
profit yield but more durable tourism industry in the region. 

The greatest number of submissions presented at the 
Commission's hearings covered tourism, recommending that this 
industry — having the least unfavorable impact on the environment 
— was the most acceptable industry for the north and recommended 
it be treated as a priority. While conflicts with other major 
industries such as mining, logging and subsistence gathering can 
arise it is nevertheless possible they could co-exist. The mining 
industry has already demonstrated in Shebandowan, Bruce Lake and 



Tourism 



7-3 



Red Lake how well it can co-exist with tourism. Native subsis- 
tence gathering is itself presently co-existing with native 
tourism enterprises. Where logging projects respect the need to 
protect the aesthetics of nature along the shores of our lakes and 
rivers and around permanent tourism investments, successful 
co-existence is in place. 

Most of the visitors to the north are the clientele of the 
tourism industry, some of whom complain about the disturbance to 
the natural wilderness by other commercial activities. Tourism 
operators and their staff are, in fact, the hosts for our visiting 
public and I encourage them to speak with positiveness and pride 
about how northern Ontario effectively meets the pressures of 
resource multiple-use, which is being administered for the good of 
northerners and the province as a whole. 

A PREFERRED INDUSTRY 

I regard tourism as a major enterprise having far-reaching 
implications for social and economic development, resource alloca- 
tion and management, and environmental protection in all parts of 
Ontario north of 50. And, for several reasons, I consider it to 
be a particularly appropriate enterprise for native people living 
in communities beyond the reach of the present network of all- 
season roads. The tourism sector clearly offers attractive 
opportunities for new development in the far north, with prospects 
for generating substantial income and employment for the people 
who have every intention of continuing to live their lives there. 
Tourism activities consume resources of the forest and stream, but 
need not deplete the basic renewable biological stocks on which 
they depend, provided those resources are managed according to 
sound sustained-yield practices. I am further convinced that 
tourism operations can co-exist over the long term with 
traditional, community-based trapping, hunting and fishing 
activities. 

There are other reasons for tourism being the preferred 
wide-spread commercial activity in the north. In many cases, 
tourism has evolved successfully to become the north's survival 
industry for former one-industry towns. Having a direct 
relationship with nature, the forest, lakes and streams, it 
requires responsible stewardship of the environment to maintain a 
viable commercial activity as well as the resources which make it 
possible. A well-managed tourism industry also can provide 
continuing and long-term returns of revenues and employment. 

I have looked at the other industries of the north and their 
limitations are obvious. Most of the land north of 50 cannot 
sustain a renewable forest operation, particularly in the Eastern 
half which is affected by the colder weather originating out of 
Hudson Bay and James Bay which projects as far south as the 51st 
parallel. In the western half of the region north of the 50, the 
area above the 52nd parallel also is affected by the arctic 
weather originating out of these bays. The effects of these 
climatic conditions, augmented by a thinner soil base, hinder 
forest growth. 



Tourism 



7-4 



Large hydro-electric projects appear unlikely since existing 
power generation capacities greatly exceed projected demand over 
the next several decades. Furthermore, hydro-electric development 
on the northern rivers which flow through the flat lowlands risk 
severe environmental damage by damming and flooding. 

Mining, however, is localized in effect and is relatively 
unpredictable. Being mainly a sub-surface operation, it places 
minor demands on land-use and therefore can co-exist quite easily 
with the tourism industry. 

7.1 Recommendation: 

That the Government of Ontario formally adopt the policy that 
tourism be regarded as the priority commercial activity In 
Ontario no^th of 50, particularly north of the 7th and 11th 
baselines. 1 

DESCRIPTION OF INDUSTRY, 1982 

Facilities 

Contrary to popular belief that the tourism industry is only 
a limited venture in the north, the fact is that a wide variety of 
tourism facilities already exist. While most are small in size, 
compared with those offered in southern Ontario, they are varied 
in the type of accommodation and activity being offered as well as 
being spread throughout the vast northern region. 

As of 1982, there were 318 individual travel, tourism and 
sport camp enterprises in Ontario north of 50 — approximately 92 
per cent of which were dependent primarily upon the tourist and 
sportsman markets, the others being general accommodation such as 
motels. 

Exclusive of campgrounds and tent camp facilities, the group 
of enterprises contained 2,411 units (cabins, hotel rooms, motel 
units) having a capacity of 10,494 guests. These are markedly 
concentrated in the south-western part of Ontario north of 50 as 
can be seen on the accompanying map. 



IThis boundary, which follows natural topographic divisions, 
was set by the Ministry of Natural Resources to arrest further 
non-native tourism development. It lies just south of the 52nd 
parallel to a point north of Armstrong, then south to the Albany 
River, east to the 85th parallel of longitude, then south to the 
7th baseline (between the 50th and 51st parallels of lattitude) 
then east to the Quebec border. (See Map) 



Tourism 



ONTARIO NORTH OF 50 




7-6 



TABLE 1 



THE SCALE AND OWNERSHIP OF THE TRAVEL AND TOURIST 
FACILITY PLANT IN ONTARIO NORTH OF 50, 1982 





Indian 


Owned/ 


Non-Indian Owned/ 






Operated/Managed 


Operated/Managed 


Total 


Category 












No. 


% 


No. 


% 


No. 


A. Primarily Dependent on 












Tourist and Sportsman 












Markets 












Enterprises 


25 


9 


268 


91 


293 


Facilities 












Base Camps: 












Operations 


14 


7 


186 


93 


200 


Units 


74 


5 


1376 


95 


1450 


Capacity 


281 


5 


5866 


95 


6147 


Outpost Camps: Cabin 












Operations 


31 


7 


431 


93 


462 


Cabins 


52 


10 


477 


90 


529 


Capacity 


243 


8 


2733 


92 


2976 


Outpost Camps: Tent 












Operations 


2 


4 


55 


96 


57 


Capacity 


32 


12 


240 


88 


272 


Campgrounds : 












Operations 


- 


- 


27 


100 


27 


Sites 


- 


- 


438 


100 


438 


B. Primarily Oriented to 












the Business Travel 












and Local Social and 












Entertainment Markets 












Hotels and Motels: 












Enterprises 


3 


12 


22 


88 


25 


Rooms and Units 


15 


3 


44 7 


97 


462 


Capacity 


30 


2 


1341 


98 


1371 



Source: Tourism Development in Ontario North of 50°, Volume Two, Tourist 
Facility Development ; 1984, p. 26, prepared by 
W.M. Baker for the Royal Commission on the Northern 
Environment. 



Touvxsm 



7-7 



About 81 per cent of the units and 87 per cent of the capacity was 
primarily tourism and sportsman market oriented. Only six per 
cent of the units with five per cent of the capacity are native 
owned and operated and are located primarily to the north of the 
Albany River and the 7th and 11th baselines. 

There are 14 native-owned goose hunting camps in the Hudson 
and James Bay region of Ontario north of 50. The only non-native 
goose hunting camp is the Hannah Bay Camp owned by the Ontario 
Northland Transportation Commission. 

About a dozen individual native enterprises operated 33 sport 
fishing camps in Ontario north of 50 in 1982. Some sport hunting 
was conducted from these facilities, primarily for moose and black 
bear, and most are located on the Canadian Shield to the north of 
the Albany River in the central portion of Ontario north of 50. 

In recent years, some interesting and encouraging native 
owned and operated tourism-related accommodation and restaurant 
facilities have been established such as the hotel-type accommo- 
dation opened at Kashechewan and Attawapiskat in 1981. While 
sportsmen and other tourists can be accommodated in these 
facilities, the immediate main market is expected to be government 
personnel, business travellers and research workers. At Fort 
Hope, the local development corporation owns and operates a 
six-room hotel for business travellers and supplies accommodation 
to anglers and hunters in transit to sport camps. 

Market Patterns 

In the southwestern part of Ontario north of 50 that is 
highway accessible, participation in sport activities (angling, 
hunting, wilderness travel) is probably the main trip purpose for 
about 75 per cent of Americans and 50 per cent of Canadians 
vacationing in the area. The family holiday in which fishing, 
hunting, camping and sightseeing are combined in varying 
proportions is on the increase and probably represents the main 
future market for this part of the area under examination by the 
Commission. About 75 per cent of the guests of hunting and 
fishing lodges are Americans. 

In the native-operated facilities in the far northern 
sections of Ontario north of 50, about 75 per cent of the 
sportsmen also are Americans. Residents of the northeastern 
(about 25 per cent) and north central (about 27 per cent) census 
regions of the U.S.A. dominate. Canadians constitute 25 to 30 
per cent of the market. The off-continent sportsman market 
scarcely has been tapped. 



Tour^8m 



7-8 

TABLE 2 
PURPOSE OF VISITS TO FISHING AND HUNTING CAMPS IN NORTHERN 

ONTARIO, 1977 



Main Purpose of Trip 


Americans 

% 


Canadians 

% 


Sport Activity 
Fishing 
Hunting 
Wilderness Travel 


84 
A 
4 


34 

15 

6 


Sub-Total 


92 


55 


Family Vacation (some hunting & fishing) 

Family Vacation (no fishing & hunting) 

Camping/ Sightseeing 

Other 

No Response 


10 
2 
1 
1 

1 


28 

14 

3 

4 


TOTAL (Multiple Responses) 


107 


104 



TABLE 3 

ORIGIN OF GUESTS BY GEOGRAPHIC LOCATION AT FISHING AND HUNTING 
CAMPS IN NORTHERN ONTARIO, 197 7 



Geographic Origins 
of Guests 


Ontario Tourism Administrative Districts 


Cochrane/ 
Temiskaming 


Thunder 
Bay 


Kenora 


All 

Northern 

Ontario 


No. 


% 


No. 


% 


No. 


% 


No. 


% 


N. Ontario 
S. Ontario 
Sub-Total Ontario 




20 
36 
56 




13 

9 

22 




2 
2 

4 




9 

18 
27 


Other Canadian 
Sub-Total Canadian 




5 
61 




3 

25 




7 
11 




4 
31 


N.E. USA 
N.C. USA 
Other USA 
Sub-Total USA 




14 

18 

7 

39 




3 
62 

7 
72 




2 
81 

6 
89 




8 
53 

5 
66 


Other Countries 




1 




3 




- 




1 


TOTAL 




100 




95 




100 






No Response 


40 




53 




130 




502 





Source : Tourism Development In Ontario North of 50°, Volume Two, 

Tourist Facility DevelopmenT ; 1984 , prepared by W.M. Baker for 
the Royal Commission on the Northern Environment. 



7-9 



ECONOMIC IMPACTS 

The Commission has not attempted to carry out what could only 
be speculative cost/benefit analyses of economic impacts. 

While far greater study would be required to accurately gauge 
the local income impact of Indian sport fishing camps, it is safe 
to say that the total impact is substantial and meaningful in a 
community setting where there is limited investment income and 
employment opportunities. 

In non-native communities as well, the impact of tourism is 
considerable, as the Town of Kapuskasing noted in its submission 
to the Commission during the Timmins hearings: "Our future lies 
in tourism. With energy costs escalating rapidly and with the 
devaluation of the dollar, we will see more of our American 
friends vacationing in this part of Ontario, The overall 
investment in the tourist industry is comparatively less than for 
other industry and provides a good return - it is our best bet for 
the future in removing our total dependence on single resource 
based industries." 

The 1981 evaluation of the native-owned and operated Bug 
River Fishing Camp on Big Trout Lake gives some idea of the 
economic impact of such a facility. Total wages of $22,952 were 
earned by Indian residents of Big Trout Lake. Payments to Indian 
managers totalled $7,875 with guides earning $40/day for a total 
wage bill of $14,725. In addition to tips and boat rentals, an 
undetermined amount was spent in Big Trout Lake community for food 
and other purchases. 

Such wage payments have an enormous impact on communities 
where employment opportunities are almost non-existent. And the 
Ministry of Natural Resources has long recognized the even greater 
employment and entrepreneurial opportunities — as well as local 
economic advantages — which can flow from successful tourism 
facilities when they are owned and operated by northern residents 
and communities, particularly natives. Indeed, a policy has 
existed which, with notable exceptions, has given natives priority 
rights in developing tourism facilities north of the 7th and 11th 
baselines. 

The Kenora and District Chamber of Commerce made special 
mention of the economic and employment opportunities possible for 
northerners via an expansion of locally-owned tourism operations 
when it made its presentation to us at the Kenora hearings: "In 
our view, this industry probably provides us (Txr greatest future 
potential. Tourism is an industry which provides the great 
opportunity for individuals to develop small businesses which are 
labor intensive and thus offer great employment opportunities". 

While I would not seek to eliminate non-northern or 
non-Ontarian ownership north of 50, I do adhere strongly to the 
belief that local residents and communities should have 
preferential opportunities to become involved in all tourism- 
related entrepreneurship and employment. 



Tour^8m 



7-10 



Tourism, as the preferred commercial activity, offers 
particular potential for northern native residents where some of 
the employment skills involved call upon the knowledge of 
wilderness and wildlife which traditionally exists among northern 
natives. Recognizing Indians' familiarity with the environment 
and its related skills, there is no reason why they cannot become 
developers and managers of tourism operations. 

7.2 Recommendation: 

That the Government of Ontario, and specifically the Ministry 
of Natural Resources, affirm a policy giving priority rights 
to residents north of 50 In the development of tourism 
facilities north of the 7th and 11th baselines, with a 
provision that Indians have first right of refusal for such 
developments for a period of at least five years. 

This then would mean that for many areas with tourism 
potential, private tourism enterprises could be native owned and 
controlled. As well, joint ventures or other ownership accepted 
pursuant to resource development and management agreements 
negotiated through the Northern Development Authority are 
possible. This could allow a non-resident private tourism 
enterprise adversely impacted by other activities to relocate 
further north. I should note that among the non-resident 
operators are a significant number of American owner/operators as 
can be seen in the following table. 



Touvxam 



7-11 



TABLE 4 
AMERICAN OWNERSHIP OF TOURIST PLANT IN ONTARIO NORTH OF 50 

1982 









Base Plant 




Outpost Camp Plant 


MNR District 














Entei 


•prises 


Units 


Capacity 


Number 


Units 


Capacit 




No. 


% (1) 


No. 


% (1) 


No. 


% (1) 


No. 


% (1) 


No. 


% (1) 


No. 


% ( 


Cochrane 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 




Dryden 


10 


33 


86 


36 


389 


40 


1 


10 


1 


10 


5 


7 


Geraldton 


1 


6 


7 


6 


40 


6 


- 


- 


- 


- 


- 


- 


Hearst 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


Ignace 


2 


22 


7 


13 


44 


18 


1 


50 


1 


50 


6 


55 


Kapuskasing 


- 


- 


- 


- 


- 


- 


- 


- 


1 


- 


- 


- 


Kenora 


4 


20 


29 


18 


146 


22 


1 


4 


1 


4 


5 


3 


Moosonee 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


Nipigon 


1 


14 


2 


6 


10 


5 


4 


7 


8 


13 


32 


9 


Red Lake 


28 


40 


205 


41 


890 


44 


26 


23 


30 


26 


196 


28 


Sioux Lookout 


3 


10 


18 


8 


85 


8 


14 


10 


17 


11 


86 


10 


TOTAL 


49 


27 


354 


26 


1,604 


28 


51 


12 


58 


13 


330 


12 



(1) Indicates American-owned percentage of total non-native plant. 

Source : Tourism Development in Ontario North of 50°, Volume Two, 
Tourist Facility Development ; 1984, prepared by W.M. Baker for 
the Royal Commission on the Northern Environment. 



Tourism 



7-12 



LAND TENURE 

At this point I should explain the various types of land 
tenure employed by the Ministry of Natural Resources in allocating 
Crown lands for private use. 

Patent: This is the most secure form of tenure with the land 
completely alienated from the Crown. MNR is reluctant at 
this time to issue patents for new tourist developments north 
of 50. 

Lease: Security of occupation and use is available for a terra of 
10, 20 or 30 years but no tourist operation north of 50 has 
applied for such an arrangement. 

Licence of Occupation: This allows for occupation of land for as 
long as MNR has no need for it and presumably could be in 
force for centuries. Again, no tourist operators have 
requested it. 

Letter of Authority: Providing temporary use of a site for the 
purpose of resource extraction, this arrangement is widely 
used by highway construction companies but not the tourism 
industry. 

Land Use Permit: The foundation of the sport camp industry across 
northern Ontario, these permits must be renewed annually and 
can be cancelled for a number of reasons including non- 
compliance with conditions or the Government's need of the 
land. Used for both tent camps (which are removed at the end 
of the season) and permanent camps (which remain on site), 
the permits are issued based on the capacity of a water body 
to support a sport angling facility or the land for a hunting 
operation. 

It is the Commission's belief that security of land tenure 
north of 50 is extremely limited and, as such, poses a 
disincentive for expansion of existing tourist operations and the 
establishment of new, first-class tourism investments in the 
future. 

If we are serious about the impact of this industry on the 
the future of the north, the current system of tenure must change 
to give operators a more secure land base. Long-term land 
security is necessary not only to encourage individual initiative 
to develop and expand, but also to provide the operators with 
sound collateral and secure prospects as they, like all other 
entrepreneurs, seek out financial assistance from both banks and 
private investors. 

I believe that the test of a new business occurs within the 
first three years and, in that time, it is possible to assess the 
strength of an operator's commitment and the viability of his/her 
venture. 



Tourtam 



7-13 



7.3 Recommendation: 

That the Government of Ontario Implement a policy so that, 
following operation for three years on land use permit, 
tourist operators north of 50 be permitted to apply for a 
land patent from HNR based on proof of the operator's commit- 
ment to his/her business and its financial viability for the 
future. 

TOURIST MANAGEMENT AREAS 

As I envision the expansion of northern tourism operations, 
I cannot help but be struck by the need for detailed organization 
if this Industry is to find its rightful and dominant place in the 
north. For this reason I have compared the general structure of 
the forest industry — from government relations to the establish- 
ment of forest management agreements (FMAs) - to the less formally 
structured tourism sector. 

FMAs, which are explained in detail in the forestry section 
of this report, take the form of a contract arrangement between 
the province as represented by the Minister of Natural Resources 
and a forestry company to attempt to achieve the following 
objectives: first, to ensure forests are harvested in an 
efficient manner and, second, to provide a continuous wood 
supply. 

Companies are obliged to provide detail on their oroposed 
operations which assure the Government that appropriate steps will 
be taken with regard to reforestation and the selection of access 
routes. Compensation to the company for the withdrawal of 
productive forest lands from the FMA at a future date for any 
reason is a Government obligation under the agreement. 

My comparison judged the adaptability of the FMA concept to 
the tourism industry. The appeal of adopting such a structure was 
that rather than going through a potentially lengthy effort to 
introduce a totally new concept, Tourist Management Areas (TMAs) 
would be based on a familiar policy. In addition, the tourism 
sector is in serious difficulties as a result of conflicts with 
the forest industry in many locations in northern Ontario partly 
— but not exclusively — as a result of the introduction of the 
FMA concept. Where a FMA exists, forestry becomes the overriding 
concern and therefore the dominant industry, leaving tourist 
operators in the virtually ignored spot of second place. 
Therefore, a similar approach for the tourism industry seems 
appropriate. 

The Tourist Management Area concept provides an approach — 
or tool — that will give the industry the security and stability 
of supply. It also encourages an adequate information flow and 
the consistency of resource management decision-making by the 
Ministry of Natural Resources needed to encourage, maintain and 
increase private investment — thereby generating badly needed 
income and employment opportunities. It also provides a forum for 
discussion by bridging the gap between the Government and the 
industry. 



Tourism 



7-1^ 



7.4 Recommendation: 

That the Government of Ontario adopt a policy of Tourist 
Management Areas and Agreements similar to those used for the 
forest industry, to allow for a more organized, progressive 
and co-operative approach to tourism development north of 
50. 



In dealing with such a unique area as Ontario north of 50, it 
is important to note its two distinct tourism areas and 
operational focuses which lead me to recommend that the area be 
divided into at least two distinct Tourist Management Areas. 

Slightly less than one-third of the area takes in the 
southern portion which I refer to as the transitional north. 
Here, tourism operations are longer established than further north 
with permanent hotel, motel, cabin and lodge accommodation. To a 
large extent, the facilities cater to families and vacationers 
whose trip purpose is not solely fishing or hunting. 

By far, the largest portion of the region - and the one to 
which my recommnendations are mainly aimed - is that which I refer 
to as the remote north. Tourism here is geared to remote 
wilderness hunting and sport fishing activities where access to 
camps is mainly via charter aircraft and family vacationers are 
almost non-existent. Indian ownership is dominant here while 
non-native operators are concentrated in the southern region. 

7.5 Recommendation: 

That the Ministry of Natural Resources take immediate steps 
to recognize the diversity of northern tourism operations by 
dividing and treating Ontario north of the 7th and 11th 
baselines into at least two separate and distinct Tourist 
Management Areas. 

TOURIST MANAGEMENT AGREEMENTS 

In the case of the Tourist Management Agreement, there would 
be a formal agreement between the province and a tourist 
operators' association, the establishment of which 1 recommend 
(7.13) later in this chapter. Perhaps a more practical option 
would be to introduce the TMA concept as a formal policy statement 
of government values, objectives, operating principles and 
strategies for the preservation, enhancement and allocation of the 
natural resources of a designated TMA. However, in the remote 
north, it is felt that a formal agreement with a tourism 
association is desirable and practical. Such an agreement would 
introduce an element of consistency I believe remote northern 
operators would want in their dealings with the Government as well 
as demonstrating the seriousness of the Government's commitment to 
the TMA concept. In either case, the involvement of the resident 
population in the introduction of the TMA would be essential. 



Tourism 










-^ii- 



PLATE 5 



nMTARIQ NORTH OF 50 




7-16 



The purpose of Tourist Management Agreements is to provide 
policy acknowledgement of the status to be given tourism resources 
and initiatives in future decision making. These agreements also 
ensure Government policy is consistent in its commitment to the 
preservation, enhancement and orderly allocation of tourism 
development potentials — thereby inspiring confidence in private 
investors. 

Statement of Operating Principles 

The operating principles of the agreement reach to the heart 
of the social and economic value structure of the province and 
profoundly affect the interaction between Government and the resi- 
dent population in the development and implementation of strate- 
gies for resource management in the TMA. Operating principles of 
TMAs are recommended as follows: 

7.6 RecoDunendation: 

That experienced professional staff available to the Ministry 
of Natural Resources be employed in the development and 
management of all aspects of the TMA. It Is Important to 
ensure the TMA program is not pushed into an administrative 
"backwater" with inadequate professional resources. 

7.7 Recommendation: 

That public participation be treated as a vital component of 
any TMA decision-making process. 

7.8 Recommendation: 

That compensation be provided whenever private commercial 
tourism operations are adversely affected by other resource 
users. 

7.9 Recommendation: 

That responsibilities and obligations of private tourism 
developers as stipulated in land and water leases, permits, 
and agreements for the use of resources, be met. 

7.10 Recommendation : 

That a record of information be developed and maintained for 
each TMA to which the public will have ready access upon 
demand . 

These recommendations do not call for the establishment of a 
new elaborate administrative apparatus nor the introduction of new 
legislation. They simply provide for the recognition and accom- 
modation of tourism values in resource management considerations. 

Resource Management Components 

Zoning 

Providing a time frame of reference, zones would be desig- 
nated within a TMA based on natural tourism potential and present 

Touvism 



7-17 



tourism facility patterns. These zones would indicate the concen- 
trations of potential for tourism development as well as providing 
the basis for decisions on resource preservation, enhancement and 
allocation. 

Zone documents would indicate tourism priority areas by use 
(e.g., remote sport fishing zone, moose hunting zone, wilderness 
waterway zone). Information also would be prepared for each zone 
indicating sustainable development potential (e.g., supportable 
angling and hunting harvests); present development type and 
scale; and unexploited capacity. 

Shifts in the zones may be required to accommodate the 
adverse impact of natural disasters such as fire, unexpected 
revival of some fish or animal populations currently on the 
decline, or the emergence of new forms of tourist demands for 
which the area is suited. 

Regional Integration 

Integration strategies deal with multiple resource uses 
within the TMA and its social and economic impact on the 
surrounding communities. Included should be policies and 
procedures dealing with such matters as: 

1) periodic boundary adjustments in the TMA resulting from 
local resource and area needs (e.g., new Indian 
reserves) or changing economic development opportunities 
(e.g., mining); 

2) maximizing a TMA's benefits to the local economy through 
priority hiring of local residents or supply purchasing 
from local businesses; 

3) integration of commercial and domestic renewable 
resource uses (trapping, fishing, firewood harvesting) 
so as not to prejudice the interests of the primary 
tourism sector; 

4) integration of provincial parks into TMA planning, 
without compromising parks' policy. 

Natural Resource Maintenance and Enhancement 

A wide range of programs and activities, many now operated by 
MNR, would be tailored to the TMA: e.g., fish stocking, 
harvesting limits, habitat improvement, fire protection. 

Resource Allocation 

In addition to Recommendation 7.2, this component of the 
agreement would ensure that a realistic set of terms and 
procedures are established for allocating tourism development 
potentials of TMAs. For example, consideration should be given to 
restricting the transfer or sale of lease and land use permits 



Tourism 



7-18 



granted to resident Indians to non-Indians for a period of 10 
years or more to protect Indian interests. 

Surveillance and Enforcement 

The objectives of this component would be to ensure 
compliance with the legislation and regulations associated with 
the management of the TMA. To be specific, there should be: 
surveillance of all resource uses and users in the TMA having 
destructive impacts upon the resource foundations for tourism 
development and operation; and enforced compliance with 
legislation and regulations set forth for the TMA. 

Research 

Focused primarily upon the needs of management decision- 
making, the research should employ the resident population with a 
long-range objective of creating full-time positions within the 
Ministry of Natural Resources. This research would: increase 
knowldege of the extent and limits of the tourism resource 
development potentials of the TMA; identify issues and problems 
related to resource management; and evaluate management actions 
currently in force. 

TOURISM ASSOCIATIONS 

For TMAs to be effective tools for future development, 
greater organization also will be required within the ranks of 
tourist operators themselves. These operators can serve their own 
interests as well as the interests of all northern residents via 
the selection of spokespersons - or lobby groups - who can speak 
with the authority of all northerners likely to be affected by 
Government policy rulings. 

The tourism study commissioned by me, which I mentioned 
earlier, dealt indepth with the issue of northern involvement in 
policy making and the need for an organized effort on the part of 
those operators to inform the various levels of Government as to 
their views, needs and aspirations for both the short and long 
term. 

The study concluded, and I concur, that the future viability 
of northern tourism and the desired preferential opportunities for 
local residents and communities are possible via two courses of 
action: the establishment of tourist management areas, as I have 
already recommended, and the creation of a north of 50 tourism 
association. 

I believe that far greater advantages exist in the formation 
of regional groups which could eventually find their way into a 
provincial or even a national association. Regional groups offer 
the particular appeal of speedy establishment and minimal 
administration problems. More importantly, regions — even 
relatively large ones — tend to have the same interests, problems 
and issues. These similarities help to facilitate membership 
recruitment and organization as well as the development of new 
programs which have broad-based support. 



Tourxsm 



7-19 



Among other tasks, these associations would be expected to: 

1) represent and reflect membership interests in Government 
decision-making processes for resource allocation and 
management north of 50; 

2) lobby for Government funding for new tourism initiatives; 

3) support, supply, generate and demand — as required — the 
research necessary to ensure a viable industry; and 

4) promote and influence the scope of Government tourism 
advertising. 

It is my view that current and future Indian tourist 
operators in the north are in far greater need of new organization 
and formal government ties than are the white tourist operators. 
White tourist operators already have an established co-ordinating 
and lobbying group, the Northern Ontario Tourist Outfitters 
Association. Without similar organization on their part, native 
operators would remain without a unified voice to deal with 
Government. In addition, formal ties with the provincial and 
federal levels of Government, in particular, would facilitate the 
establishment of group training programs. However, it would be 
wrong to ignore the legitimate business interests of non-natives 
in the north and their value to the northern economy as a whole. 
In an effort to be solicitous of and fair to Ontario's original 
inhabitants, it perhaps would be overzealous on my part were I to 
suggest that membership in new tourism associations be restricted 
to Indian residents north of 50. For these reasons, I would 
recommend: 

7.11 Recommendation: 

That one or more regionally-organized North of 50 Tourism 
Associations be established as quickly as possible to serve 
northern tourism operators through a united voice directed at 
natural resource management policy, as well as to allocation 
and funding for various endeavours Including area and 
regional planning studies. 

7.12 Recommendation: 

That the Government of Ontario encourage these tourism 
associations by providing financial support in the designing, 
testing. Implementing and marketing of tourism 
activities. 

GOVERNMENT ADMINISTRATIVE IMPROVEMENTS 

I have talked at some length about the need for the tourism 
industry to organize itself not only into regional tourism 
associations but also for the Ministry of Natural Resources to 
introduce the concept of Tourist Management Areas into their 
resource management procedures. I believe it is also imperative 
for the various levels of governments — with their various 
jurisdictions, programs and grants — to better organize their 



Tourism 



7-20 



input to the industry, particularly as it applies to our original 
inhabitants. Until we can put governments in touch with what is 
occurring within their own offices and the offices of other 
government levels, attempts to improve native tourism operations 
will remain unco-ordinated , in some cases repetitive and in most 
cases unsatisfactory to those who must function within the 
confines of legislation set by all three levels — municipal, 
provincial and federal. 

In recent years about LI federal and provincial departments 
and ministries have offered grants, loans and loan guarantees for 
tourism facility and sportcamp development, expansion and 
upgrading under approximately 35 individual programs. In 
addition, several management and skill training programs have been 
available. No precise total dollar value of the funding advanced 
was obtained in the investigations of the Commission but it is 
known that substantial sums have been involved in some cases. 

For non-native operators, the most significant assistance has 
come from the three loan programs of the Ontario Ministry of 
Industry and Trade, administered by the Northern Ontario 
Development Corporation — the Tourism Loan Program, the Ontario 
Business Incentive Program and the Tourism Redevelopment Incentive 
Program. 

Loans and loan guarantees under the Small Business Loans Act 
of the federal Department of Industry, Trade and Commerce and the 
consulting services of the Federal Business Development Bank have 
been decidedly secondary in comparison with the provincial 
financial aid programs. 

Native goose hunting camps, which form a significant part of 
overall native tourism ventures, have been developed under 
provisions of the federal-provincial Resources Development 
Agreement (RDA) which has been in continuous operation since 
1958. 

As indicated earlier, considerable angling sportcamp 
development has taken place in the Shield area of Ontario north 
of 50, with money provided by the Department of Indian and 
Northern Affairs under the Indian and Economic Development 
Program. Considerable money, time and effort also was spent on 
training programs to equip natives to manage these operations. 

In addition, the various programs of the Canada Employment 
and Immigration Commission have directed money to native and Metis 
sportcamp development in Ontario north of 50. 

While I applaud the various government efforts which have 
helped spur northern native tourism ventures, I believe those 
monies would produce even greater results if the necessary 
co-ordination was in place — most particularly at the provincial 
level — to avoid duplication of efforts and encourage 
diversification among new tourism entrepreneurs. 

What is also required is input from all three provincial 
ministries involved in northern tourism in the development of 



Tourism 



7-21 



policy, the review of application by developers and the issuance 
of final approvals. 

7.13 Recommendation: 

That the Ministries of Natural Resources, Northern Affairs 
and Tourism and Recreation co-ordinate input and decision 
making regarding tourism policies and programs. 

7.14 Recommendation: 

That the Ministry of Tourism and Recreation seek to establish 
better communication ties with federal ministries with the 
goal of eliminating duplication of tourism assistance 
programs in Ontario north of 50. 

Historic Resources 

In discussing with northerners the potential for developing 
historical sites and cultural resources as part of the tourism 
future, I also became aware of their dissatisfaction with 
government handling of artifacts and the current method of 
reporting the findings of archeological research. 

Frequently, materials collected are shipped to universities 
and museums in large urban areas for further research and ultimate 
storage and display in surroundings safe from fire and 
deterioration, available for viewing by large numbers of people. 
A contending point of view maintains that the artifacts should be 
retained in the location where they are found so that they may 
make their maximum contribution to the development of local 
identity and pride, and to supply foundations for tourism with its 
attendant beneficial economic impacts. At Fort Severn, the 
residents are annoyed that artifacts removed from digs at 
Churchill/Nieu Savanne and Fort Severn fur trade forts and posts 
have not been returned to the community by the archaeology groups 
or the universities involved. 

7.15 Recommendation: 

That the Government of Ontario ensures the results of 
historic and archaeological research are transmitted to local 
residents at the earliest possible date and that artifacts 
are returned for display in the local areas to the maximum 
degree consistent with their continued preservation. 

FISHERIES AND WILDLIFE MANAGEMENT 

As I assessed tourism operations in Ontario north of 50, I 
continued to encounter stumbling blocks which I attribute to two 
problems: the lack of current research available; and a failure 
on the part of Government to relay what information is available 
to those people and groups with legitimate interests in the 
field. 

If, as I envisage, northern tourism continues to grow, there 
are specific resource demands which will require further assess- 



Touvism 



7-22 



ment. It must be kept in mind that we are dealing with a unique 
environment with far stricter limitations and far different 
demands than exist in the south. This is most readily evident in 
the various fishing activities in the north: sport, subsistence 
and commercial. 

Fisheries Management 

It stands to reason that should tourism activities continue 
to grow, these additional demands on limited resources will 
necessitate an independant review on the impact on fishing 
resources. While commercial fishing remains a limited activity, 
owing to the exceptional costs of preserving and transporting, one 
assumes that any expansion of this activity — coupled with a 
similar expansion in sport fishing — would create a conflict. 
The Commission has concluded that the overall and long-term 
benefits of tourism activities exceed the shorter terra and 
potentially depletive effects of commercial fishing. However, I 
leave it to the experts to examine a number of options: whether 
commercial fishing should be banned totally; whether existing 
commercial fisheries should be allowed to continue their 
operations with or without limits on future expansion; or whether 
a gradual phasing out should be done with commercial fishing 
interests being converted into tourism-related enterprises. For 
these reasons, up-to-date data are a must if such conflict is to 
be resolved in the interests of both actvities. 

Waterbodies presently utilized by the tourism industry in the 
north or which may be allocated to the industry in the future have 
to be managed on a sustained yield basis. The operators of 
resorts, lodges or outpost camps must be secure in the knowldege 
that the sport fish resource base on which they depend will 
provide the quality of fishing necessary to satisfy the continuing 
needs of the client group. As the Northern Ontario Tourist 
Outfitters Association told the Commission, 98 per cent of all 
American clients and 75 per cent of Canadian clients indicated in 
a study that the quality of fishing and hunting was the most 
important aspect of their vacation. The challenge will be to 
maintain and enhance that necessary resource. 

The fragility of the northern environment extends to fis.h 
resources as well. Creel, minimum size and consumption limits 
used elsewhere may not be appropriate for the north and may in 
fact need to be selectively established, depending on the 
productivity of each particular body of water. This concept may 
include the establishment or designation of trophy sport fishing 
lakes where anglers may only extract one trophy fish of a 
particular species and all other fish of that species must be 
returned to the water unharmed. 

For the area north of 50, I believe that the designation of 
certain lakes containing lake trout for trophy fishing only is 
especially important. Lake trout are fragile fish, unable to 
withstand the stresses imposed by man and his technology. In 
fact, many of Ontario's lake trout fisheries are becoming more and 
more dependent on hatchery-raised fish. 



Tourism 



7-23 



In situations where it is difficult to establish or maintain 
a sport fishery on a sustained yield basis, a fish stocking 
program should be implemented. Consideration should also be 
given, based on discussions with tourism operators, as to the 
feasibility of a program to introduce new or exotic species of 
fish to selected lakes to further enhance our sport fishing and 
provide additional opportunities for the growth of our tourism 
industry. 

It has become apparent to me that there is a need for an 
additional fish hatchery in northwestern Ontario to particularly 
serve the area north of the 50th parallel, as the nearest hatchery 
is east of Thunder Bay. I particularly refer to Ear Falls, 
located at the headwaters of the English River, as a possible 
ideal location which has a modern community with an overdeveloped 
infrastructure built in anticipation of the proposed construction 
of the Reed forest products complex, and which will be further 
affected by the expectant closure of their main industry - the 
Griffith Mine - in early 1986. 

7.16 Recommendation: 

That the Government of Ontario begin an immediate and 
on-going assessment of the fisheries resource potential for 
the major lakes and rivers north of 50 with a view to 
allocating those resources on a sustained yield basis. 

7.17 Recommendation: 

That a provincial fish hatchery be established in the western 
portion of Ontario north of 50, preferably in the Ear Falls 
area where a modern community inf rastructre is in place, to 
raise sport fish for restocking depleted lakes and to raise 
new sport species for introduction into other northern lakes. 



Tourism 



7-24 






mi 




T^ 




'. >• 



'J J 



Photograph Courtesy of Northwest Explorer , Sioux Lookout 



Wildlife Mangagement 

Wildlife in northern Ontario — in particular woodland 
caribou, moose and white-tailed deer — have been managed for 
decades without reversing the decline in their numbers, 
notwithstanding the controls placed on man and his hunting 
activities. 

The white-tailed deer, now virtually extinct above the 50th 
parallel, were a plentiful, common species of ungalate which 
roamed the north for five decades as far as the 55th parallel and 
were particularly prolific from the 50th to above the 52nd. While 
it is said that the white-tailed deer cannot tolerate snowfall 
much over 51 centimetres, these observations are challenged by the 
fact that this ungalate was present in the far north in large, 
healthy numbers. The alarming decline in numbers did not occur 
until the removal of the bounty on wolves in 1970. In the years 
following, the number of white-tailed deer declined to the point 
of extinction in this areas. 

Flying across the north in the early 1930 's, it was not 
uncommon to see the woodland caribou in herds of 100 or more near 
lakes where they had bedded down at night for self-protection. 



Tourism 



7-25 



Today it is a rare sight to see herds greater than 20 in the same 
area, and generally they are no more than 10. 

The lord of the forest — the mighty, majestic moose — was 
also a common and exciting sight throughout the sunmiers all across 
the north along rivers, streams and lake shores and in herds in 
the boreal forest in the winter. Today, this has become a more 
rare sight. 

For their protein, the southern population of Ontario depends 
upon domestically-raised steer, calf, lamb, hog and fowl. 
Predators are quickly eliminated if they intrude on the rancher or 
farmer's stock. In contrast, in the north, natives in particular 
are dependent upon moose, caribou and deer. Yet uncontrolled wolf 
packs and black bears (ravenous when leaving the winter lair) 
continue to decimate these ungalates. 

The Government of Sweden, alarmed by the serious decline in 
their own moose numbers, moved to find the answers and assigned a 
group of biologists for a period of three years to follow 
continuously these ungalates — paying particular attention to 
their diet through the seasons, their habitat, breeding, calving 
and the impact on the animals by predators. They learned that 
many of the cows gave birth to twin calves in their fourth and 
fifth years, and some cows in their eighth year gave birth to 
quadruplets. They also recorded that the predators of this 
species were the wolf -packs and black bears in spring when leaving 
their lairs. The pregnant cow, heavy with calf, was found to be 
the most vulnerable; when it was taken, the result was the loss of 
two to four calves as well. With the moose herd reduced to some 
27,000 animals, the Government instituted hunting regulations 
restricting the hunting of the cow moose and, at the same time, a 
program to significantly increase the hunting of the wolf and 
black bear. Today, Sweden's moose herd exceeds 500,000 animals 
and their annual hunt averages 150,000 which rose to 162,000 
in 1982 which approximated some 18.2 million kilograms of dressed 
meat valued at $80-million. 

Statistics for hunting in Ontario in 1982 (the last complete 
figures available) show that there were 85,630 licensed resident 
moose hunters and 3,060 non-resident hunters who collectively 
hunted for 527,300 days and produced a moose harvest of 10,700; 
that there were 91,750 licensed resident deer hunters and 560 
non-resident hunters who participated in the hunt for a total of 
503,200 days and a harvest of 11,960. 

The expenditures for the moose and deer hunts compiled from 
hunters surveyed by mail totalled $51 .34-million averaging $2,265 
per animal taken and an average of $283 expended by each hunter. 

When a country like Sweden with a land area of 411,406 square 
kilometres can, through wildlife management, increase its moose 
population from 27,000 to 500,000, it is important that Ontario, 
whose land area north of the 50th parallel is 543,900 square 
kilometres, should study its own situation with an eye toward the 
future subsistence needs of the native people and the positive 
implications it would have for the tourist industry. 



Toupism 



7-26 



7.18 Recommendation 

That the Government of Ontario direct an in-depth biological 
study north of the 50th parallel on the moose, white-tailed 
deer and woodland caribou population with particular 
attention to predators and hunting to determine measures 
necessary to increase the numbers of white-tailed deer, moose 
and woodland caribou. 




The Attwood River 



Tourism 



CHAPTER 8 



PLANNING IN THE NORTH 

The Royal Commission on the Northern Environment is obliged 
by its mandate to recommend improvements in the methods used to 
reach decisions on northern development. In its reaction to Reed 
Ltd.'s timber harvesting and mill proposals, mercury pollution in 
the Wabigoon/English/Winnipeg system, and other large projects 
being mooted across the north, the public insisted that 
development patterns of the past and their adverse consequences 
should not be replicated in the more-remote north and hence that 
fundamental changes needed to be made in the way that decisions on 
development are reached. 

Development in the north will continue to depend mainly on 
the use of natural resources. Pressures to use resources emanate 
from two different sources and are in conflict. Outside markets 
for industrial products are the force driving intensive 
development into the southern part of Ontario north of 50. On 
the other hand, northern communities, particularly native ones, 
continue to rely on the same resources as a source of products for 
subsistence and commerce. Clearly, decision making for northern 
development must be the outcome of planning processes that can 
reconcile these conflicting claims. 

My Commission's interests in planning for resource-based 
development in the north led me to evaluate two main complementary 
approaches. One is a comprehensive approach for planning by 
northern communities themselves with the objectives of affirming 
their own development priorities. The other is the resource 
planning process employed by the Ministry of Natural Resources for 
the Crown lands under its jurisdiction in the north. 

Many northerners still consider that the north has become an 
economic colony of the south. They find that they have little 
control over their own destinies and lack power to significantly 
influence decisions about development made mainly in the south. 
Native people, particularly, have become bewildered by the changes 
that are overtaking their communities and that they feel powerless 
to confront. If they and other northerners wish to gain greater 
power in decision making, they must also exercise greater 
responsibility for specifying their own development goals, 
objectives and priorities in a positive and constructive manner. 
And, if they are to do this, they must devise planning programs of 
their own in which all northern interest groups having a stake in 
northern development can take part. Chapter 10 in my report 
deals with comprehensive community planning by northern native 
communities in considerable detail. 

Provincial §^overnraent agencies have carried out both 
comprehensive and sectoral planning affecting the north. 
Comprehensive planning spans and attempts to integrate the entire 
spectrum of economic, social, cultural, natural environmental, 
financial and administrative concerns relevant to decisions about 



Planning 



8-2 



development and environmental protection. The Design for 
Development program of the 1970 's was the Government's outstanding 
though now moribund initiative to plan comprehensively for the 
province and its regions from the perspective of the province. 
But it had little to say about the remote northern half of 
Ontario. On the other hand, many agencies of the Government 
engage in sectoral planning affecting the north. Sectoral 
planning by governments focuses more narrowly on specific 
components of their overall responsibilities. 

The Ministry of Natural Resources' land use planning was the 
most massive sectoral planning program ever mounted in the north. 
The program was well conceived, professionally executed and 
governed by logical principles and procedures. But the Ministry 
was not mandated or staffed to plan comprehensively, and its 
reports for the north paid scant attention to the social, 
economic, and natural environmental consequences of the 
prescriptions that they advocated. Planning by the Ministry or 
any other single agency will always have inherent limitations in 
scope arising from the narrow range of responsibilities assigned 
to it. 

The fundamental issue surrounding planning by the Ministry of 
Natural Resources had to do with the Ministry's ability to wield 
great power over northern development while remaining largely 
unaccountable for the consequences. The Ministry's program- 
delivery activities can shape the future course of northern 
development, which will continue to depend primarily on the use of 
natural resources. The Ministry performs crucial roles of 
custodian, allocator, manager and developer of the Crown lands 
that comprise practically all of Ontario north of 50. Land use 
planning by the Ministry has created a framework of objectives, 

strategies and targets that gives direction and guidance to 
decisions about the allocation and managment of natural resources. 
Such decisions can have crucially important beneficial or harmful 
consequences for the cultural, economic and natural environments 
of the north. For these reasons, my Commissions 's programs of 
research and public participation accorded a central place 
to evaluating the conceptual underpinnings, principles, process, 
research and public consultation methods, and products of the 
Ministry's planning. 

The Ministry's planning placed northerners on the defensive 
for it was not carried out in a way that could balance concerns of 
development and environmental protection or interests of 
northerners and outsiders. The Environmental Assessment Act, 1975 
was designed to effect reconciliation on such issues as these. 
The Act establishes a planning and decision process that takes 
into account, at an early stage, all possible environmental 
effects of significant undertakings. Moreover, the Act can give 
the public an avenue for involvement in decision-making and a 
means of access to an accounting of how and why decisions are 
reached. I strongly support the views expressed to me that the 
future of the north depends to a great degree on the effective 
application of environmental assessment to all proposed enter- 
prises likely to have significant impacts and that environmental 



Planning 



3-3 



mental assessment principles are an essential ingredient of good 
resource planning. 

My investigation of the Ministry of Natural Resources' 
planning activities in the north devoted a great deal of attention 
to the question of the applicability of the Act to the planning. 
For most of this Commission's life, the Government affirmed and 
reiterated that the Ministry's land use planning activities are 
provincial Government activities that were to be dealt with under 
the Environmental Assessment Act and that the plan for the West 
Patricia area, in particular, would be subject to full individual 
environmental assessment under the Act. This led me to be 
optimistic that the good planning principles embedded in 
environmental assessment would be strongly expressed in the 
planning. In the end, they were not, with consequences that were 
disastrous for the planning. 

My conclusions and recommendations about planning for 
resource allocation and resource management are based on six main 
areas of evidence. First, Commission staff carried out a tech- 
nical appraisal of the Ministry of Natural Resources' statements 
about the underlying principles, intent, scope and methodology of 
its own planning system, as set out in its publication Guidelines 
for Land Use Planning, 1980 and various internal documents. The 
second body of evidence was the substance of the plan documents 
themselves, as they evolved from the relatively unsophisticated, 
preliminary, regional strategic plans for northwestern Ontario and 
Northeastern Ontario published during the raid-to-late 1970 's to 
the much more comprehensive and polished regional strategic plans 
and district guidelines of the past few years. 

The third body of information was the outcome of my staff's 
observation and evaluation of the Ministry's public involvement 
program in the north. The fourth was an examination of the 
changing relationship between the Ministry of Natural Resources 
and the Ministry of the Environment in matters respecting the 
desirability of applying environmental assessment principles to 
planning for resource allocation and resource management. The 
fifth body of evidence was the responses of the ministers and 
staff of these two ministries to the letters 1 wrote to them and 
to the questions I raised for them at formal public hearings. The 
sixth, no less important than the others, was the comments and 
recommendations made about planning and the applicability of 
environmental assessment thereto by government officials, interest 
groups and the public generally in written submissions and in oral 
presentations at my hearings. As expected, these comments and 
recommendations ranged from broad conceptual and methodological 
matters to more parochial matters having to do with the likely 
impacts of plan implementation on local areas and business 
enterprises. 

The Ministry of Natural Resources has spent years of time and 
effort and millions of dollars of public money in carrying out its 
land use planning across the north. Over the course of my 
Commission's work, 1 have gained a great deal of respect for the 
high motives underlying the planning, for the dedication and 
competence of the planners, for the heightened awareness of issues 



Planning 



8-4 



that has resulted from the Ministry's public involvement program, 
and for the evident usefulness of the information assembled. Land 
use planning across the north has many accomplishments to its 
credit. And many of the criticisms that have been levelled 
against it by the public and by me stem from limitations inherent 
in the Ministry's mandate and hence beyond the Ministry's 
control. 

LAND USE PLANNING IN THE NORTH 

Components of the Planning System 

The Ministry of Natural Resources is not required by any 
statute to create formal plans of any kind. The Ministry cannot 
point to any single legislative authority for its land use 
planning activities. Its planning process stems from policy 
decisions made at Cabinet and ministerial levels rather than from 
legal requirements. 

The Ministry's corporate planning system for Ontario consists 
of five interlocking subsystems: policy planning, land use 
planning, resource management planning, work program planning, and 
work program evaluation. The Commission's research, presented in 
Appendix 14, has focused on land use planning and its relation- 
ships with the policy planning and resource management planning 
components of the system. It has sought to establish the point or 
points at which the Environmental Assessment Act can be most 
fruitfully applied in the cont inuum oT planning and 

decision-making activities that these three subsystems embody. 
The research has evaluated the planning principles, the planning 
process, and the substance of the plan/ guideline documents 
themselves, using as touchstones the Ministry of Natural 
Resources ' Guidelines for Land Use Planning, 1980 and the Ministry 
of the Environment's General Guidelines for the Preparation of 
Environmental Assessments, 1981 . 

Policy planning, which flows from the basic philosophical 
presuppositions of government, answers the question of 
"what", in the Ministry's words, "is to be achieved and 
why"? Policy planning, as the first component in the planning 
system, puts in place a policy framework for land use planning and 
for the other subsystems that follow from it. Although the land 
use planning process provides fcr modification of policy through 
analysis, testing and perhaps public input, the extent to which 
these can effect changes in fundamental policy thrust remains open 
to serious question. 

The Ministry defines a land use plan as "a document which 
indicates how the Ministry plans to use Crown land and.. .intends 
to influence the use of private land in achieving its objectives." 
It states that the purpose of a land use plan is "to coordinate 
the various Ministry programs , concerning the use of land, so that 
conflicts and inefficiencies are avoided and all objectives are 
met." The land use plans — now "guidelines" — provide a 
spatial framework and direction for the formulation of resource 
management plans for particular uses and areas. 



Planning 



8-5 



The placing of resource management considerations largely 
outside the domain of land use planning creates an arbitrary 
distinction between ends (land use objectives) and means 
(management), and thereby raises questions about the 
appropriateness and attainability of objectives, impairs the 
generation of plan options, and complicates the issue of the 
applicability of the Environmental Assessment Act to the planning 
system. 

Principles and Process 

The Ministry of Natural Resources sets out the purpose, scope 
and approach of its land use planning in Guidelines for Land Use 
Planning, 1980 . This document first states a set of nine planning 
principles to be adhered to by the Ministry in formulating and 
evaluating land use plans. It then defines a seven-step planning 
process that begins with the setting of terras of reference and 
ends with the approval and implementation of district plans. 
Finally, it sets out prescriptions for involvement by the public 
in the land use planning process. These three interwoven elements 
— principles, process, and public involvement — together 
constitute a logical, coherent, and internally consistent 
framework governing land use planning to meet the Ministry's own 
objectives. 

The planning principles contain the seeds of some fundamental 
defects of the planning for meeting northerners' needs. They 
establish the planning as a "top-down" process expressing 
provincial policies at the district level rather than any 
authentic local perspective on how development ought to take 
place. They stipulate that policies are to be translated into 
explicit quantified targets for using natural resources; 
examination of the targets stated in the district plan documents 
reveals the resource development bias that pervades the planning. 
The principles call on the planning to generate options and to 
evaluate the associated tradeoffs and consequences, while 
asserting that the economically most efficient option would 
normally be the one preferred. While they note that the planning 
should take account of the limited capacity of the natural 
environment to sustain use, the production targets for many 
biological commodities ahve been set at levels approaching 
capacity; achievement of the targets would clearly place renewable 
resources in the far north under considerable stress. A 
noteworthy omission is any principle stating who are to be the 
primary beneficiaries of development resulting from the planning; 
the extent to which the concerns of local people are to be taken 
into account is a matter of only equivocally addressed. 

The seven-step land use planning process embodies two key 
tasks: first policy development and refinement through target 
testing and second transformation of policy into spatial terms in 
the forms of optional plans, then a preferred option, and finally 
the plan itself. As Appendix 14 points out, implementation of 
the planning diverged in significant ways from the well-designed 
process originally set out. 



Planning 



8-6 



Planning Phases and Products 

The Northwestern Ontario Strategic Land Use Plan and the 
Northeastern Ontario Strategic Land Use Plan , both published In 
1982, were the products of the land use planning process for the 
Ministry's two northern planning regions. They established the 
framework of resource-use policies, objectives, and targets to be 
adopted for the West Patricia area and districts elsewhere across 
the north. 

Meanwhile, as early as 1977, the Ministry of Natural 
Resources was mounting a major program of resources Inventory and 
analysis to accommodate the special planning requirements for the 
West Patricia area. The Ministry has treated this area, 
ecompassing all of Red Lake and Sioux Lookout districts and a 
large part of Geraldton District, as the subject of a single 
district plan. 

Land use planning in all the northern districts was initiated 
in the late 1970 's. The first phase entailed the assembly and 
analysis of information concerning characteristics, potentials and 
uses of natural resources. This was a particularly formidable and 
costly task, necessitated by the paucity of data previously 
available for planning. In the case of West Patricia, the 
detailed results of this Inventory phase were made available in 
two forms: 40 technical reports on fisheries, wildlife and 
heritage resources released during 1979 and 1980, and 27 
background information reports published for wide distribution 
during the period 1978 to 1981. This first phase work was 
summarized in West Patricia Land Use Plan; Background 
Information , released for public review in January 1982. 
Background Information reports were published for other northern 
districts, except Moosonee, over the period May, 1980 to March, 
1982. 

Following public response, the second phase culminated in the 
release of Proposed Policy and Optional Plans documents in June, 
1982, for West Patricia and other northern districts, Moosonee 
again excepted. Strategic (regional) and district planning meshed 
at this time; in the various reports for these two levels in the 
planning hierarchy, the statements of objectives and strategies 
are compatible and the district targets for the individual policy 
areas are identical. 

At this point, the phasing of the planning diverged from the 
process originally set out. The third phase was intended to take 
into account public response to the options presented in the 
second for the preparation of a preferred conceptual land use 
plan, which in turn would be subject to public scrutiny before 
completion of the final district plans. This did not happen. The 
second phase documents offered instead what amounted to a 
preferred option, a "compromise option that best portrays a 
balance of target achievement for all Ministry programs". 
These documents were the focus of the second, and last, round of 
public consultation, analysis, and Internal review by the Ministry 
of Natural Resources. 



Planning 



8-7 



The Land Use Guidelines were published in early 1983 for the 
following districts that project into Ontario north of 50: Kenora, 
Dryden, Ignace , Nipigon, Hearst, Kapuskasing, and Cochrane. At 
the Commissioner's request, the Minister of Natural Resources 
agreed to withhold completion of the Guidelines for the West 
Patricia area until the Commissioner has made his recommendations. 
The Ministry's planning for Moosonee District, which includes the 
Hudson Bay and James Bay Lowlands, has lagged considerably behind 
that for the other northern districts and is still in progress. 

Proposed Policy and Optional 
Plans for West Patricia 

The Commission's Concerns 

The Royal Commission on the Northern Environment's review of 
land use planning focused on West Patricia for two reasons: first 
because this area epitomizes the major social, economic and 
natural environmental issues arising from increasing development 
impacts on the natural resources, resource utilization patterns 
and settlements of the boreal forest and Shield environments of 
Ontario north of 50 and, second, because land use planning for the 
lowlands is still in progress. The northward advance of the 
leading edge of more intensive development into the southern part 
of the West Patricia area has been accompanied by new urban 
settlements, resource extraction on a large scale and some 
devastating consequences for the original native inhabitants. Its 
expansion into the less easily accessible and more remote parts of 
West Patricia would impinge increasingly on fragile environments 
and on the natural resources available for wilderness outpost 
tourism, commercial trapping and fishing, and subsistence 
activities. The Commission is obliged, by its terms of reference, 
to assess the implications of the land use planning with respect 
to these issues. 

Because the final land use guidelines for West Patricia have 
not been published, the Commission's review has had to centre on 
the most recent report available, West Patricia Land Use Plan : 
Proposed Policy and Optional Plans . Option D, the option 
preferred by the Ministry of Natural Resources, has been assumed 
to be the one most likely to approximate the final guidelines. 

The Planning Report 

Proposed Policy and Optional Plans presents a provincial 
perspective on the allocation and management of the West Patricia 
area's natural resources. The Ministry's broad intent was to 
identify the lands and waters necessary to achieve its programs 
for the year 2000. The hard core of the report's prescriptions is 
defined by the objectives and, in particular, by the allocation 
targets set by Ministry for individual resource-using activities 
over which it has jurisdiction. The report presents four optional 
plans, each maximizing target achievement in at least one of the 
Ministry's main program areas; no single option could satisfy all 
of its program targets. 



Planning 



8-8 



The Commission found that the report did not convey a clear 
picture of just what the optional plans were actually prescribing; 
a grasp of the spatial thrust and substance of the options could 
be derived only by aggregating several thousand variables. The 
Commission's staff spent much more time deciphering the options 
than the public possibly could; this is unacceptable. When the 
Commission finally did unravel the optional plans, it found that 
they would be almost identical were it not for considerable 
differences in the location and extent of the parklands that they 
allocated and minor variations in the outer perimeter of the 
extensive area within which timber harvesting would be encouraged 
or at least permitted. 

Problems arising from Target Setting 

The Ministry of Natural Resources established a single set of 
targets for all options. In none of its planning documents does 
it make any explicit statement about why and how its targets are 
set, an omission that must have baffled northerners. But the 
Commission deduced from evidence in the reports that the targets 
do have an underlying principle that can be stated thus: 
"Targets represent demand for resources in the year 2000 ^ subject 
only to constraints imposed by resource supply." In the case 
of activities dependent solely on production from renewable 
biological resources, this principle can be reformulated as 
follows: "Demands anticipated in the year 2000 for products 
from biological resources will be met, subject only to the limits 
set by the optimum sustainable yields associated with these 
resources . " 

Clearly, market pressures originating mainly outside the West 
Patricia area are intended to be the engine that drives both the 
planning and the development that it portends. The Commission's 
review of the demand-supply relationships and associated targets 
for individual resource-using activities demonstrates that 
implementation of any of the options would place biological 
resources under considerable stress. In fact, the West Patricia 
planners were unable to develop even one option that would meet 
all targets collectively. 

The planners' attempts to maximize target achievement had the 
further unfortunate effect of focusing public attention on the 
resource allocation issue of timber harvesting versus wilderness 
parks. This polarization diverted attention away from other 
important issues of potential conflict and cross-impact between 
such different resource production programs as timber harvesting, 
wildlife and trapping, and between resource production programs 
and others such as tourism and outdoor recreation. 

The planning imperative that optional plans must meet targets 
to the greatest degree possible had other serious outcomes. It 
forced the planners to abandon the more comprehensive set of 
social, economic and natural environmental criteria set out in 
Guidelines for Land Use Planning for evaluating options. It 
prevented them from producing a set of truly different land use 
plans, each distinctive in such attributes as dominant economic 



Planning 



8-9 



thrust, sectoral development emphasis, type and spatial 
distribution of resource allocations, management strategies, and 
social, economic, and natural environmental implications. None of 
the Ministry's optional plans for West Patricia could indicate a 
type of development that differs significantly from that which has 
already taken place in areas to the south. 

The Planners' Vision of the Future 

The substance of the optional plans for West Patricia 
punctures the myth of unlimited resources in the north. The 
planning program for this area was initiated and accelerated in 
response to widespread dissatisfaction over the prospect that past 
patterns of development in the north were about to be replicated 
and extended into ecologically and culturally sensitive 
environments. The public therefore has had every reason to expect 
that the land use planning would delineate, in at least one viable 
option, a pattern, form and intensity of future development 
differing substantially from those of the past. The public's 
expectations are not met in Proposed Policy and Optional Plans . 
Implementation of any of the optional plans offered there would 
not transform the thrust of northern development to a significant 
degree. This outcome was probably inevitable, given the economic 
bias embedded in the targets, the imperative imposed to achieve 
targets, and the inherent limitations of the northern boreal 
forest environments to sustain use at levels attainable farther 
south. 

Clearly, in the report's scenario, market pressures for 
natural resources — pressures emanating in large part from 
outside Ontario north of 50 — are to continue to be the primary 
determinants of the resource allocations of the future. All 
optional plans for West Patricia encourage or permit expansion of 
mining activities and tourism development into the most remote 
corners of the area. All of them leave the door open to an 
advance of commercial timber harvesting at least to the northern 
limit of the Reed tract. And they all allow for an extension of 
access road infrastructure throughout almost all parts of West 
Patricia. Finally, they give rather short shift, in the Reed 
tract at least, to those traditional and local uses not strongly 
oriented towards an external market economy. 

Implementation of any of the optional plans for West Patricia 
would bring major pressures to bear on Ontario's largest reservoir 
of untapped or sparsely utilized biological renewable resources. 
By the year 2000, the levels of optimum sustainable yield from 
these resources would have been reached by the targetted 
production associated with several important activities (forestry, 
trapping for beaver, raoose and caribou hunting, and the lake trout 
fishery) and may have come under severe stress in the case of 
other activities (commercial and sport fisheries). 

The optional plans for West Patricia appear to guarantee 
perpetuation of current resource trade-off issues and their 
expansion and intensification over the next two decades. The plan 
document does not say this, but offers no convincing evidence to 
the contrary. Indeed, it is noteworthy for its failures to 



Planning 



8-10 



account for the development consequences of its plan prescriptions 

in social, economic and environmental terms or to specify 

appropriate measures for enhancing benefits and mitigating adverse 
impacts. 

Conclusions 

I have had to conclude, with reluctance, that the land use 
plan documents and the assumptions underlying them are so 
seriously flawed that they must not be implemented. The Minister 
of Natural Resources has re-enforced this position (although not 
for the same reasons) by downgrading the status of the documents 
to that of guidelines that might or might not be adhered to. 
Moreover, 1 consider that the documents are so seriously flawed 
that they should not be used as a basis for informed decision 
making about balanced development in the North. My Recommendation 
8.5, made later in this chaptewr, is directed to this end. 

1 base my conclusion that the land use guidelines, in their 
present form and with their present ambiguous status as regards 
government commitment to them, should not be used for decision 
making on four main grounds — all stemming from my terms of 
reference. 

First, the guidelines indicate no fundamental change in the 
nature, scale, terms and conditions of northern development; their 
implementation would perpetuate and extend into the more-remote 
north a kind of development so clearly unacceptable to the 
northern public that the Government was moved to create this 
Commission and to accelerate land use planning in the West 
Patricia area. Secondly, the land use planning process which 
culminated in the guidelines failed to examine a sufficiently wide 

range of development alternatives or to evaluate and compare the 
implications of those alternatives that it did examine in social, 
economic and natural environmental terms; the process disregarded 
the principles of good planning recognized in the Ministry's own 
materials, other planning legislation (i.e. the Environmental 
Assessment Act ), or authorities in the planning field. 

Third, the process reinforced, rather than allayed, the 
legitimate complaints of northerners, particularly native 
northerners, that they lack power to significantly influence the 
decisions being made about the course of northern development in 
government and corporate board rooms elsewhere; northerners made 
it plain that simply being heard is not good enough. Fourthly, 
the ambiguous status of the plan documents as a basis for decision 
making about development continues to leave far too much discre- 
tionary power in the hands of politicians and senior bureaucrats, 
with no more than a minimal level of public accountability. 

Public Participation in the Land Use Planning 

Public participation, of course, has many faces. It ranges 
from information dissemination to civil disobedience. At one end 
of the spectrum, decision-makers use their resources to persuade 
or foster an attitude of acceptance in citizens towards new 
policies. At the other end of the spectrum, citizens are the 



Planning 



^-11 



decision-makers and exercise self-determination. Obviously, the 
choice of format for public participation says a great deal about 
the level of participation in decision-making that those in power 
desire. 

In the north, I have found that the nature of representative 
government has generally restricted the scope of direct political 
involvement for the majority of northerners. Some are 
disenfranchised by the very nature of their "special" status; 
others by their small and dispersed population. I must conclude 
that additional forms of participation are needed to maintain the 
lines of accountability and establish the mutual trust needed 
between ordinary citizens and those with delegated authority for 
them. 

I should point out that many of the recommendations made in 
other chapters, particularly Chapter 3, apply equally as well to 
the general principle stated here, and share in ray resolve to 
recommend a new level of participation in government for the 
north. It was of particular usefulness, as I have pointed out, 
that the Ministry of Natural Resources embarked upon a land use 
planning exercise involving a level of public participation which 
the Commission could observe and comment upon. 

In the Guidelines for Land Use Planning 1980 , the Ministry 
clearly stated the advantages of such participation, in that 
"Citizens who are familiar with an area can correct any errors or 
omissions in the data which is collected by planners, create an 
atmosphere of mutual understanding among opposing groups and 
contribute to the resolution of conflicts. 

"Citizens who are involved with a planning process can often 
produce creative ideas which may not occur to planners restricted 
by the conventional wisdom. 

"Those people who are actively involved in an open planning 
process will generally be committed to the completed plan; citizen 
participation is possibly the most efficient and cost-effective wa 
of public decision-making that unforeseen consequences can be 
revealed and opposition can be accommodated before firm positions 
are reached." 

In a letter to the Minister of Natural Resources, the Economic 
Development Committee of the Northwestern Ontario International 
Decade Co-ordinating Council asked for his definition of public 
participation. His reply, dated March 9, 1982, stated that, 
"Public participation includes a variety of means of communicating 
with the public, such as letters received and answered, phone 
calls and personal conversations, as well as a variety of more 
formal means like workshops and meetings. Public participation 
means the citizens concerned with the planning area take part in 
the planning process rather than reacting to decisions made. 
However, it must always be understood that decision-making remains 
the prerogative of government. Public participation involves 
those affected by the plan, special interest groups, elected 
representatives at all levels of government and technical 
speciialists . It is a process of mutual education and 



Planning 



8-12 



co-operation whioh provides opportunities for people to work 
together in the creation of a plan which reflects their collective 
values, experience and best judgment." 

The letter concludes by indicating that, while the Minister 
"personally favours the information centre as their prime means 
of achieving public involvement , (he) is quite willing to consider 
modifying or supplementing this approach if necessary .. .and trust 
the foregoing has clarified (his) position on public 
consultation ." 

When it came to the implementation of these rationales, the 
Ministry of Natural Resources chose a number of methods. A 
description of each, and conclusions drawn from the Commission 
studies of these methods, reveal the following: 

Mailing Lists - Primarily a one-way flow of information, the early 
planning stages were characterized by inconsistent use of mailing 
lists, with many citizens and interest groups having difficulty in 
obtaining copies of documents. However, later planning stages, 
particularly the district level, found mailings to emerge as a 
vital tool in combination with "comment sheets" which allowed for 
a flow of information back to the Ministry. However, native 
people were seriously underrepresented on the mailing list. 

Open Houses - An effective way to facilitate a two-way flow of 
information, the open house also functions as an educational tool. 
In most cases, the Ministry's open houses were well organized and 
favorably received, although a tight schedule posed significant 
problems to the particiants and MNR personnel alike in undertaking 
a meaningful program. In many cases, the public was given just 
over one month to respond to the information presented at the open 
houses, and MNR staff had little time to evaluate the results 
before subsequent planning stages proceeded. Other individuals 

were critical of the lack of interest displayed in the gathering of 
data, and that a "show and tell" attitude prevailed. 

Public Forums - As a final stage of the planning process , a series 
of public forums were held across the province in November and 
December of 1982. The Minister stated that, "I strongly 
believe that the views of all resource users must be considered 
before resource management decisions are made. This is why I am 
hosting a series of public forums across Ontario this month and in 
December. The forums I will hold . . . present an opportunity for 
all, whether special-interest groups or private individuals, to 
personally convey their concerns to me." 

The forums were scheduled for two hours, with the Minister 
listening to submissions from the floor. Criticism was again that 
a one-flow of information was being provided, with the public 
restricted to comments without adequate information from the 
Minister to allow a useful dialogue. By the Ministry's own 
assessment, the public forum had earlier been described as, 
"...the most frequently used method of participation, and in many 
instances, the least effective." 



Planning 



8-13 



Special Interest Groups - In the case of MNR's planning process, 
the use of special interest groups was limited to lobbying in an 
ad hoc fashion. The Ministry chose to meet separately with the 
interest groups, rather than mediate or chair joint meetings. 
Some of the groups claimed that participants were not allowed to 
participate at the same level of the decision-making process; some 
of the older, well-established groups clearly had more access than 
others. In summary, the Minister was reluctant to use this tool 
in a way that would add to the dialogue. 

Advisory Committees - The Ministry stated in 1980 that, 
"advisory oommittees have the most suaoessful means of achieving 
public participation" with the ultimate success of an advisory 
committee depending both on the selection of "knowledgeable and 
well-respected" committee members and the preparation of clear 
terms of reference outlining the role of the members in the 
planning process. The Ministry went on to state that "a poorly 
selected advisory committee with vague terms of reference" 
would do little to enhance the level of public participation in 
the planning process. 

The Ministry of Natural Resources has established some 
advisory committees at both the district and regional 
administrative levels. Unfortunately, these committees have only 
been employed intermittently by the Ministry - for example, at the 
Strategic Land Use Planning Level, the Northwestern Region had a 
committee but the Northeastern did not; at the district level, 21 
of 25 districts did not have such committees established. 

Problems with the committees were evident - in the lack of 
clarity of the terms of reference, in the lack of a defined 
decision-making role, the lack of representation from the native 
communities, in the lack of scheduled meetings, and in the lack of 
feedback from the Ministry. 

Provincial Parks Council - The Council is a citizen advisory body 
that advises the Ministry on policy and management issues 
concerning provincial parks. The Council uses a public hearing 
format to receive formal and informal briefs and/or comments from 
individuals and groups with respect to parks issues. 

The Council was used on three occasions at the final stages 
of the Ministry's land use planning process to deal with a 
specific park proposal, the proposed Whitewater Wilderness Park. 
While the Council performed this function as a "sounding board" 
admirably, it was apparent that once recommendations by the public 
were received the Council advised the Minister and decisions were 
made without direct reference to its imput at that point. In this 
way, the information gathered was again a one-way source, in the 
same way a the public forums had been. Recommendations of the 
Council were never made public. 

Native Participation Generally 

The Ministry was unable to attain the sustained, productive 
participation of native people, and its planning exercise suffered 
from a failure to elicit a strong, positive and prospective state- 



Planning 



8-14 



ment of the native peoples' own priorities. Wiat little it 
obtained was diffuse, general, negative, and not very helpful to 
both the planning process and the substance of the plans. The 
Ministry attempted to secure the participation of native people, 
as it had been able to do in the case of other interest groups, to 
obtain a clearer understanding of how their interests could be 
better accommodated in the plans without compromising seriously 
its other objectives. While the Ministry would have undoubtedly 
taken into account any statements of native priorities that it 
would receive, it did not consider itself obliged to do more than 
solici input. The Ministry's apparent position was that it could 
not reasonably extend the program to the active support of 
planning an consensus-building in the native communities, for to 
have done so would have been costly and time consuming. Moreover, 
the possibility exists that it would have facilitated expression 
of views that could only give it difficulty. Obviously, the 
Ministry could discharge its objectives, albeit much less satis- 
factorily, without native participation. 

In conjunction with the specific recommendations in regard to 
environmental assessment and environmental protection in 
Chapter III, the application of the environmental assessment 
process to land use planning should increase public participation 
in the planning process. However, a number of specific recommen- 
dations would be appropriate based on the Commission's review of 
the Ministry of Natural Resources' land use planning activities. 

8.1 Recommendation: 

That in any planning process in the north. Ministries and 
Government agencies place a priority on two-way forums of 
public participation, particularly those which rely on 
dialogue between interest groups and individuals; that 
district and regional advisory committees be created with 
clear terms of reference and defined roles: and that native 
participation be encouraged and accommodated. 

8.2 Recommendation: 

That recommendations of all advisory groups (including the 
regional and district advisory committees and the existing 
Provincial Parks Council) be made public prior to Ministry or 
agency decisions. 

8.3 Recommendation: 

That the Ministry of Natural Resources continue and 
regularize its procedures for the dissemination of 
Information, through, open houses, mailings and public 
forums. 

8.4 Recommendation: 

That public participation procedures for planning processes s 
be clearly outlined in a public document (e.g. guidelines). 



Planning 



8-15 



ENVIRONMENTAL ASSESSMENT OF THE MINISTRY 
OF NATURAL RESOURCES' PLANNING SYSTEM 

Discretionary Status 

Nothing exemplifies the discretionary status of MNR's 
decision-making powers more than the professed change in the 
status of these planning documents from "plans" to "guidelines". 
As will be further discussed in this chapter, 1 have noted that 
the Minister of Natural Resources lacks legislative authority for 
the land use planning exercise. The Public Lands Act , R.S.O. 
1980, c.413, gives the Minister broad general authority for the 
management, sale and disposition of public lands and forests 
(section 2). In addition: 

"For the purpose of management of public lands, the Minister 
may from time to time establish classes of zones, such as 
"Open" , "Deferred" , "Closed" or otherwise as he considers 
proper, may define the purposes for which public lands of 
each class may be administered, may cause areas of public 
lands to be laid down on maps or plans and may designate such 
areas as zones, and any areas of public land so designated 
shall be administered only for the purposes defined for the 
designated class of zone." 

However, as indicated, there is no express legislative 
authority to point to for the extensive planning activities 
undertaken by the Ministry. 

Given an overriding discretionary power, the Ministry 
proceeded in the last decade with the creation of policy, regional 
and district plans, as outlined in the previous section. The 1982 
Northern Ontario Strategic Land Use Plan document stated that, 
"The purpose of the Northwestern Ontario Strategic Land Use Plan 
is to identify the policies and objectives of individual programs 
of the Ministry of the Northwestern Region and integrate these 
into a comprehensive conceptual land use plan which will both 
identify and help resolve conflicting demands on the Region's land 
and water base and at the same time provide an overall strategy 
within which District Land use Plans will operate." 

The district plans, the result of considerable effort and 
expense in the specification of inventory related to the objec- 
tives and targets in the regional plan, were summarized as, 

"...identification of appropriate land and water areas where 
various Ministry programs will be carried out over a long term. 
It is with the preparation of this plan that the regional policies 
and targets will be tested, optional plans developed , and a final 
plan produced." 

In the West Patricia area, 40 technical and 27 background 
information reports were distributed between 1978 and 1981. This 
was followed by the West Patricia Land Use Plan: Proposed Policy 
and Optional Plans in June, 1982. It stated that, "The 
approved District Land use Plan will then provide, for the 



Planning 



8-16 



Distviat y overall guidance for the operation of the resource 
management programs of the Ministry of Natural Resources." 

I have noted the extensive documentation that resulted in 
the final West Patricia District Land Use Plan, now Guidelines, in 
order to indicate what clearly appeared, to the Ministries 
involved as well as to the Commission, to be planning documents 
from their inception. Appendix 14 summarizes the viewpoints of 
the various interest groups on this matter. 

It was not surprising that a major concern of interested 
parties became the exact status of these plans. At the risk of 
simplification, the question became: Were these plans the 
conventional sense (i.e., official plans such as those under The 
Planning Act ) or not? Since the Environmental Assessment Act 
clearly applied to "... a ... plan or program in respect of an 
enterprise or activity by or on behalf of Her Majesty in right of 
Ontario ..." (emphasis added) would the Act then apply to these 
plans as undertakings? 

In response to questions submitted by the Commission 
November 24, 1982, the Minister of Natural Resources stated, 
"The purpose of the Ministry' s land use system is to provide an 
inventory of resource capability and guidance for integrated 
resource management by the Ministry over the next 20 years. It 
will also present information on where and how MNR proposes to 
undertake its resource management responsibilities during that 
same time frame, and provides the public with the on-going 
opportunity to offer advice and comment. In short, the rationale 
for the Land Use Planning Program is simply more efficient and 
effective land and resource management over the~ong term . The 
land use plans then are guidelxnes for resource management by MNR 
and will be implemented under appropriate existing legislation and 
the approved programs and activities of the Ministry. All new 
resource management activities that are undertaken will have 
reference to the general direction set out in the District Land 
Use Plans." (emphasis added). 

At his appearance before me in the Thunder Bay hearing on 
April 11, 1983, the Minister of Natural Resources explained 
further: 

MR. POPE: Well first of all the use of the word plan 
is one of the issues that Cabinet's examining in the 
total review of this issue. It's been one of the 
contentious issues that has arisen during the course of 
public forums and open houses. And the whole purpose of 
the exercise that the Ministry undertook was one of 
information gathering and information dissementation. 
And I have indicated on many occasions that there will 
be a number of pieces of information and documentation 
that I would look at when I make an allocation decision 
under the laws of the Province of Ontario. 

MR. SURDYKOWSKI (Solicitor representing the Kayahna 
Area Tribal Council): Well, my question really boils 
down to this, if this is not, by this I mean the West 



Planning 



8-17 



Patricia land use document, this document here, which 
when I look at it says land use plan. That's not 
designed to give an outline for what's going to happen. 
I mean, why was the term land use plan used? 

MR. POPE: Well, obviously because there's such a 
disagreement over what it means, it probably shouldn't 
have been used. 

The Ministry of the Environment, in evidence provide before 
me on April 27 and 28, 1983, stated: "One issue of critical 
importance is whether or not a land use plan is an undertaking. 
The only related experience that we have to draw on to date is 
with Municipal Official Plans. The Act has not been applied to 
the official plans of organized municipalities since they are not 
specifically related to enterprises or activities and are not, 
therefore , undertakings. Official plan amendments and by-laws, 
however, may be activity-specific. For example, to permit the 
establishment of a landfill site, and are thereby affected by the 
Act. 

"To date, the Environmental Assessment Act has been applied 
to the Ministry of Natural Resources' work planning activity level 
and resource management planning level. And, this is reflected in 

the nine approved class environmental assessments , the two 
class environmental assessments under review and the three pending 
class environmental assessments, for that Ministry... 

"Now where we are at with the Ministry of Natural Resources , 
we have a number of class environmental assessments in place, 
approved at the work activity planning level and I will go into 
those in a moment. Some of them are in preparation. There are 
three class environmental assessments in preparation at the 
resource management level. And, as Mr. Redgrave mentioned in to 
— in his opening remarks, we have not experienced this type of 
activity under the Act, to date, and we are — we are open to your 
recommendations on that matter, Mr. Commissioner. We feel that — 
that these plans are simply guidelines and not detailed and the 
Act would not apply at that level." 

Counsel for the Ministry of the Environment further explained 
at the Thunder Bay Hearing, April 27, 1983: 

MR. MULVANEY (Ministry of the Environment): ... I 
don't think it is a question of trying to assess whether 
it is in one category or another. From a lawyer's point 
of view, which is the evaluation we would have to make, 
as to whether the Act applied to land use plans, the 
question is whether the Minister of Natural Resources, 
in giving it that particular role, is within his 
authority to do so. I think the answer is yes. It's he 
is. It may well be that a number of the documents don't 
yet reflect that position and perhaps should in the 
future, but I think he is making a policy statement 
within his authority to do so. In other words, he has 
the authority to characterize the plans in that way. 



Planning 



8-18 



So we ave prepared to aooept that dhavaoterization and reaoh 
a legal oonalusion on the basis of that. 

MR. WII^GENROTH (Sioux Lookout Trappers Counail): 
Okay J then Just by calling a horse a donkey doesn't 
necessarily make it a donkey^ even though somebody may 
have the power to do so. To us, it is still a horse 
and it seems weird that you would go along with the 
policy statement, say, okay, since it is called a 
donkey we will just leave it at that. 

MR. MULVANEY: But the analogy isn't a good one. 
What he is doing is he is giving a specific status of 
land use plans. He is saying that within MNR, these 
plans are going to be loose guidelines. They're going 
to be one channel of advice coming into Cabinet. And I 
take the view, as a lawyer, that a Minister of the 
Crown has the authority within his Ministry to give that 
status to the process, and if I am correct in that, then 
the legal conclusion follows from that, that that's all 
they are. 

In questioning by the Kayahna Area Tribal Council, the 
Ministry of the Environment added (at the Thunder Bay Hearing, 
April 27, 1983): 

MR. SURDYKOWSKI (Solicitor representing Kayahna Area 
Tribal Council): Were these guidelines at one time 
plans, and they changed to guidelines?... 

MR. RENNICK (Director , Environmental Assessment 
Branch, Ministry of the Environment): I would say the 
answer to that is yes. That would be my 

understanding . 

MR. SUEIDYKOWSKI : And at the time that they were 
plans, the environmental assessment process would have 
been applicable to these documents? 

MR. RENNICK: If those plans were with respect to 
specific activities and enterprises , as the Act 
indicates, then yes, it would apply to them. 

MR. SURDYKOWSKI: Well, maybe this is where the 
confusion has come in then. At one time they were 
plans and now they are not. 

MR. RENNICK: That is correct. 

Counsel for the Commission further questioned Counsel for the 
Ministry of the Environment on this point at the Thunder Bay 
Hearing, April 28, 1983: 

MR. WATKINS (Counsel to the Commission) : . . . your 
problem is its difficult to determine whether you're 
going to be assessing the plan as a plan, or as the 



Planning 



8-19 



eriteria that were used for a particular allocation, or 
particular resource? 

MR. MULVANEY (Ministry of the Environment): Yes. I 
think that's a good way of putting it. 

MR. WATKINS: But that dilemma hadn't bothered you 
until just recently because previously you were willing 
to accept that the plans, as individual plans, would be 
themselves , subject to environmental assessment? 

MR. MULVANEY: That's correct. 

MR. WATKINS: And not necessarily their 
implementation . 

MR. MULVANEY: The dilemma didn't occur to, well 
maybe it did occur. 

MR. JACKSON (Ministry of the Environment ) : The 
dilemma had occurred to us, but we were anticipating 
receiving an individual environmental assessment that 
dealt, not with the document as a document, but 'with the 
document as a thing to be implemented , and the 
implementation of it. We didn't expect we'd receive an 
environmental assessment that stopped at the point where 
the Minister of Natural Resources was about to stamp 
his approval on the plan. 

MR. WATKINS: Whatever that means. 
MR. JACKSON: Yes. 

MR. WATKINS: In other words, you viewed the plan as 
being a document which contained a resource inventory , 
resource capability predictions or assessments and 
allocations to particular classes of use? 

MR. JACKSON: That is what we thought it was. 

MR. WATKINS: Until it was categorized in a 
different fashion? 

MR. JACKSON: Until it was changed. Yes. 

MR. WATKINS: What a difference a label makes. 

Given the unfettered discretion of the Minister of Natural 
Resources to ascertain the raoment-to-moment status of the 
"guidelines" , I accept that the Minister is legally within his 
jurisdiction in his designation and approval of these documents. 

1 must, however, speculate on a number of important questions 
— first, was the change in status from 'plans to 
"guidelines" merely one of terminology or were other factors at 
work? With all due respect, it is not difficult to conclude that 
there were at least two related reasons for this tardy revision. 



Planning 



8-20 



First, the Ministry may have realized that the creation of 
something akin to official plans created a more binding authority 
for their contents that would then be desirable, i.e., 

flextbility" would be a more acceptable goal for the 
Ministry. Second, the Ministry may recognize that such plans 
created expectations by interested parties that there would be 
predictable, clearly defined rules to live by and therefore, 
public challenge would be possible, leading to an erosion of the 
Ministry's discretionary powers. 

The Ministry, despite the eager acceptance of its policy as 
expressed by the Ministry the Environment, may have recognized 
that a characterization of the plans as undertakings under the 
Environmental Assessment Act would result in an unfavorable 
assessment of the documents themselves, i.e., the Ministry must 
assess " alternatives" to the undertaking. As well, in 
sharing a perception that the environmental assessment process 
would entail added delay aad expense, it was to be avoided. 

I am unable to substantiate which, if any of the above 
factors contributed to the abrupt change in the status of the 
Ministry of Natural Resource's extensive planning program. On the 
evidence before me, I can only conclude that the Ministry of 
Natural Resources played the leading role in the decision, with a 
passive Ministry of the Environment reversing their expectations 
when called upon to do so. And, for reasons given in Appendix 14 
(pages 60 to 65), I am apprehensive that the entire resourced 
planning system could escape effective scrutiny under the Act. 

A second question is that of my view of these documents in 
the future. 1 must conclude that, given the importance and 
magnitude of the planning process for the future of northern 
Ontario, and the serious problems with the guidelines I have 
outlined above, it is unacceptable that the Ministry of Natural 
Resources should use these guidelines as the basis for decision- 
making in the north. The overriding discretion in the Ministry in 
its control and management of Crown lands must be subject to 
constraint. 

8.5 Recommendation: 

That the Ministry of Natural {Resources publish the land use 
guidelines for the West Patricia and Geraldton Districts and, 
when available, for Moosonee District, at the same time 
making clear that all such documents represent the views of 
the Ministry and have no official status as the basis for 
implementation decisions by the Ministry. 

Application of Environmental Assessment to Planning 

From its inception, the Commission has heard repeated calls 
from interested publics for the Ministry of Natural Resource's 
planning activities to fall fully under the Environmental 
Assessment Act . Indeed, the Ministry had originally intended to 
have the West Patricia Plans subject to the Act. The Background 
Information Paper of January, 1982 stated that, "Once the plan 
has been approved by the Minister of Natural Resources , it will be 



Planning 



8-21 



submitted to the Minister of the Environment and subjected to an 
environmental assessment. . . The Minister of the Environment 
may conduct hearings open to the general public thus providing 
another opportunity to review the Plan. If revisions are 

necessary , it will be returned to the Minister of Natural 
Resources for specific alterations. Once revisions are completed, 
the document will be resubmitted to the Minister of the 
Environment for approval." 

However, considerable internal discussion took place which 
ultimately resulted in the decision that environmental assessment 
was not required. An environmental impact assessment document was 
underway before the decision was reached. 

Other than from the Ministry of Natural Resources itself, 
only a few industry submitters have presented us with arguments 
that the Ministry's activities should not fall under the EAA. 
Those arguments could be summarized in the following way, that is, 
the Act was not designed to apply to such "nebulous" non-specific 
undertakings, and if it was applied, considerable delay and 
expense would be the result. For example. Dome Mines, in its 
submission, stated, "The objective of greater public 
participation in the decision-making process has not been well 
served by the Environmental Assessment Act. Exemptions from the 
applications of the Act have been given for good reasons, which is 
direct evidence of its shortcomings. Unfortunately, such 

exemptions have removed projects from the formal requirements of 
any public involvement without providing a workable alternative. 
Essentially , the decision-making process not operates at two 
extremes. In one case, little or no public participation is 
required but the job gets done, at least in the mining industry, 
with a high degree of open consultation and with minimal negative 
impact to the environment. At the other extreme is the Act with 
its time-consuming and expensive procedures." 

No specific documentation has been received by the Commission 
from industry representatives to substantiate the view that appli- 
cation of the Environmental Assessment Act has in fact caused 
additional delay or expense. Experience would lead me to believe 
the opposite; if environmental assessment is used effectively, it 
may reduce the overall time of implementation of the undertaking, 
at reduced cost. In any event, I am much aware of the policy 
reasons for the passage of the Act, as stated in Section 2, 
"The purpose of the Act is the betterment of the people of the 
whole or any part of Ontario by providing for the protection, 
conservation and wise management in Ontario of the environment." 

I have come to agree with those submitters, such as the 
Algonquin Wildlands League, who "...believe that reading the 
entrails of the land use planning program is an exhaustive project 
with no certain end - somewhat like peeling an onion", partic- 
ularly in respect to the extensive regional and district plans 
presented to date by the Ministry. However, my mandate specifies 
that I recommend improvements in the major decision- making 
process involving public lands in Northern Ontario. I believe the 
application of the Environmental Assessment Act to such planning 
is such an improvement. 



Planning 



8-22 



Ministries, as well as others who undertake planning 
programs, must be encouraged to take the next important step - to 
use Ontario's existing environmental planning legislation, the 
Environmental Assessment Act , to provide the improvements 
necessary for a comprehensive planning system for the north. 

I find it difficult to accept that the Ministry of Natural 
Resources embarked upon its ambitious program without wishing to 
have a final plan (subject to normal review processes), at the 
policy, regional, district and management levels, for each area 
encompassed by its research and inventory activities. These 
documents are plans for the north which - while not comprehensive 
and, therefore, not acceptable at the present time - are near the 
goals of a predictable, credible and orderly public land use 
commitment. The Ministry of Natural Resources, as well as others, 
must, therefore, not recoil from the implications of its 
decisions. It must be encouraged to take the next step. 

I have concluded that Ontario has already recognized the need 
for comprehensiveness in the consideration of undertakings in the 
public sector (and, by designation, in the private sector) through 
the passage and implementation of the Environmental Assessment 
Act . Environmental assessment in Ontario developed out of a 
public awareness that a broad range of factors needed to be 
considered in a comprehensive way before such major undertakings 
were implemented. It was recognized that such major undertakings 
could create future problems which environmental protection and 
management processes under existing legislation were insufficient 
to alleviate on their own. Ontario (although nearly all provinces 
and territories now have some environmental assessment process) 
took the lead in designing comprehensive legislation to assess 
projects before their approval. 

This legislation provides a means to compare alternative 
locations or methods of achieving the purpose of the undertaking, 
ensuring that widespread environmental affects of the project will 
be considered at an early stage, providing consideration of 
methods to avoid or mitigate adverse environmental effects, and 
allowing for a range of public participation from pre-submission 
consultation to formal hearings. It could be described as 
planning legislation with particular emphasis on the environmental 
consequences of this specific undertaking. However, such a 
distinction is likely a distinction without a difference. 

Planning processes in Ontario, whether it be at the local 
municipal level through official plans, zoning by-laws, and 
subdivision control or at the broad policy level for Crown lands 
use, allocation and management, are subject to the same pressures 
and concerns. Conflicts between economic feasibility and 
community objectives abound, and public concerns and demands have 
increased as "quality of life" issues are exposed, with increased 
professionalism on all sides of the particular issue involved. It 
is much to late to return to discretionary and loosely defined 
guidelines, to "public consultation" in the form of open houses, 
and to private meetings perceived to be the satifactory allowable 
input by decision-makers. It is imperative that the Ministry of 
Natural Resources, or any other Ministry or government agency. 



Planning 



8-23 



never be allowed to return to decision-making out of the manager's 
drawer or at the whim of special interest groups or individuals. 
The application of environmental assessment to all planning 
processes at each level of specificity can ensure: 

1. a full range of biological, physical, social, economic 
and community concerns are canvassed. 

2. consideration of alternatives to any given plan, so that 
biases by proponents are avoided and full consideration 
is given to other points of view. 

3. a process and framework that, after full consideration 
of the issues, allows for trade-offs between economic 
and community goals underlying planning decisions. 

4. increased knowledge and understanding of primary and 
secondary effects of actions to be taken on various 
alternatives. 

5. a legislated, clearly defined process for full public 
input into proposed plans. 

6. adequate environmental data gathering and presentation. 

7. a single province-wide standard for planning of public 
undertakings within a comprehensive planning process. 

I recognize that the following recommendation will not meet 
with universal acceptance. Some industry representatives, but 
particularly the Ministry of Natural Resources, as we have seen, 
will view this recommendation as leading to increased delay and 
expense in their existing planning process. As 1 have discussed 
in the section on environmental assessment, 1 do not share the 
view that, in the long term, such problems, will in fact occur. 
The Ministry of the Environment agreed that, "A planning 
process focusing on predicting the potential effects of an 
undertaking is established under the Environmental Assessment Act 
so as to best evaluate the various options proposed. In this way, 
the negative effects can be minimized, or, at the very least 
recognized . As the Ministry of the Environment pointed out in its 
1977 brief to this Commission, industry planners have realized 
that this approach to major projects is advantageous to their 
firms. Several companies have voluntarily gone through the 
environmental assessment process and capitalized on it. 

The Environment Ministry quoted the Kimberley Clark Company's 
view of this process as it was applied to Mill Expansion at 
Terrace Bay: "Our Environmental Assessment, together with the 
discussions and exchanges with your Ministry and others regarding 
it, greatly assisted us in identifying potential problems in the 
early stages of our project and enabled us to incorporate modifi- 
cations ... in the overall development'." More specifically. 
Parks for Tomorrow asked, "...the government to live up to its 
stated commitment and ensure that all land use plans, including 
WPLUP, be subjected to the scrutiny provided for by the 
Environmental Assessment Act. We see this as an important 



Planning 



8-24 



supplement to the hasty and narrowly- conceived approach MNR has 
brought to this planning exercise." 

While it will still be necessary to subject site-specific 
undertakings to the Environmental Assessment Act , as provided for 
in that legislation, I would hopefully predict a lessened 
necessity for such action and a consequent reduction in the number 
of such individual assessments. One obvious example would be 
that, if public concerns are resolved totally in the planning 
stages (as well as through pre-submission consultation), it may be 
possible to reduce the number of outstanding issues or to lessen 
requests for environmental assessment hearings altogether. 

In addition, I have observed the Ministry of the Environment 
waiting and reserving judgment on this issue. I am very concerned 
with their hesitance to advocate a comprehensive planning process, 
through the use of the Environmental Assessment Act , which has 
been demonstrably successful in other jurisidictions. The Ontario 
Environmental Assessment Act , as the most progressive assessment 
legislation in Canada, must be, and I hope will be, supported by 
the Ministry that administers it. It can only be said that its 
performance on this issues has been disappointing in its 
passivity, and destructive of public confidence in the Ministry of 
the Environment. We are paying a high price for the Ministry's 
lackadaisical attitude to the legislation under its jurisdiction. 
This must end. 

8.6 Recommendation: 

Given that seel ton l(o) of the Environmental Assessment Act 
defines "undertaking" to Include "proposal , plan or 
program in respect of an enterprise . . . j and given the 

potentially significant environmental Impacts of any 
enterprise involving resource development north of 50, that 
all proposals, plans and programs, including regional, dls- 
dlstrlct and management plans for use north of 50 (and all 
land use planning activities and all regional, district 
resource and forest management plans) be subject to the 
Environmental Assessment Act . 

It is evident that there are a number of procedural paths 
that the assessment of land use planning could take. One path 
already followed is that of the class assessment; however, it is 
clear that such an approach may meet with limited success and has 
limited uses. 

It is not my intention to recommend a specific form or 
process of assessment of land use planning but rather to actively 
support the use of the existing environmental assessment process. 
A number of procedural Implications offer particular challenges 
and additional resources are implied. 

I am well aware, for example, that the Ministry of Natural 
Resources, in their consideration of this matter, was concerned 
with the mechanics of assessing environmental impacts over a large 
area. It seems apparent, on the face of it, that one solution, as 
is evident in other jurisdictions, is environmental assessment as 



Planning 



8-25 



the level of the planning process ; i.e., the level of detail is 
reflected in the level of planning process. Another example would 
be in the presentation of the "alternatives" section of the 
environmental assessment. For a large-scale regional plan (such 
as West Patricia), it could be "alternatives to the regional 
plan" y not "alternatives to possible uses under the plan" 
(the latter following naturally at more specific planning 
levels). 

8.7 Recommendation: 

That an active inter-ministry committee, involving the 
Ministry of Natural Resources and Ministry of the 
Environment, establish guidelines for the application of the 
Environmental Assessment Act to planning processes in the 
north; clearly defined procedures should be implemented for 
the assessment of plans. Alternatively, the Environmental 
Assessment Advisory Committee could undertake to develop 
guidelines or special procedures for the environmental 
assessment of proposals, plans and programs. 

LEGISLATIVE BASIS FOR LAND OSE PLAhfNING 

The Ministry of Natural Resources' responsibilities for 
management of public lands are spread among at least 57 statutes 
administered by that Ministry. (It is to be noted that the 
Ministry of Natural Resources, Legal Services Branch, was unable 
to provide a comprehensive list of statutes administered by that 
Ministry). The elaborate land use planning exercise embarked upon 
in the last decade, involving the expenditure of approximately $5- 
raillion, has no specific legislative base. As I pointed out in 
the previous section, its ad hoc processes have been subjected to 
twists and turns (from "plans" to "guidelines" , for 
example) that have created a maze of contradictory and sometimes 
incomprehensible policy direction to the public, and certainly to 
this Commission. 

While, for example. Section 12 of the Public Lands Act 
provides for "zoning plans", the Minister (Honourable Alan 
Pope) in his appearance before rae , maintained that the legislative 
basis for land use planning activities was not based on that 
specific provision but instead dispersed among the statutes 
administered by the Ministry. He maintained that this was not a 
problem because "the legislative base is clearly set out in 
the existing statutes of the Province of Ontario. There is no 
mystery to them; they are quite clearly there and the Legislature 
of Ontario has, on many occasions, discussed the land use planning 
program and some of the individual specific concerns of various 
constituants of the members of the legislative assembly." 

I have been advised by my counsel , who have reviewed the 57 
named statutes administered by the Ministry of Natural Resources, 
that while the legislative authority over defined land, resources 
and activities is provided by the relevant legislation, the 
legislation is silent on the policies and procedures for its land 
usre planning exercise. While the lack of a specific legislative 
direction in and of itself is not necessarily a fatal flaw in any 



Planning 



8-26 



planning mechanism (examples of such could be pointed to in other 
jurisdictions), it is readily apparent that a planning process 
developed by any Ministry or government agency demands a clearly 
articulated legislated authority. 

Ministry assurances that land use planning is discussed at 
the Cabinet level does not answer satisfactorily the major issues 
at stake for the future of Ontario, particularly to those with a 
direct interest in these matters. One need only ask why it is 
necessary for southern Ontario to have substantial legislation, 
with exacting procedural requirements, such as the Planning Act , 
if such assurances answer the question. Residents of southern 
Ontario would no doubt find it surprising to be governed by 
discretionary, ever-changing "guidelines" which, without 
great faith in the internal workings of Cabinet, make the future 
seem insecure indeed. 

While it may be said that this begs the question of 
government control over Crown lands and the influence it can 
extend over private lands, it is perhaps self-evident that 
responsibility of government should be much greater, not lesser, 
towards its public resources. 

At the very least, I would maintain that any Ministry must be 
able to point to specific legislative authority for a substantial 
planning undertaking. In regard to the Ministry of Natural 
Resources, legislated land use planning process, whether 
independent of existing legislation as The Public Lands Act or 
separate legislation, could lead to a predictable, credible, and 
comprehensive process that is sadly lacking under the its present 
land use planning activities. 

The importance of the planning exercise embarked upon by the 
Ministry of Natural Resources is not to be diminished by the 
comments above. It is an important step in the evolution of that 
Ministry, and despite the extensive criticism levelled against the 
substance of the guidelines and the public participation process, 
offers a starting point for further positive direction. As Polar 
Gas stated in its submission, "Regional planning exevoises suah 
as the West Patricia Land Use Plan and the Royal Commission on the 
Northern Environment, constitute positive attempts to achieve a 
co-ordinated approach to regional planning, and are partidularly 
useful since they take into account a range of social, cultural, 
environmental and economic issues. The eventual evolution of a 
set of land and resource use priorities will provide more clearly 
defined guidelines within which industries wishing to locate in 
Northern Ontario can orient their submissions and performance , and 
will provide a more effective standard of evaluation for residents 
and government, which in the end saves all parties time and 
expense," 

It is time to establish a formal legislative base that would 

"flesh out" the exact nature of the policy and/or process 

for that future direction of policy coordination and effective 
public involvement. 



Planning 



8-27 



8.8 Reconnnendatlon: 

That each Ministry and government agency involved in planning 
develop a single, specific legislative base, either by new 
legislation or by amendment to existing legislation for 
planning activities. 

Using the Ministry of Natural Resources as an example, new 
legislation might include: 

1) a clear policy statement on the purpose and importance 
of land use planning on Crown lands in Ontario; 

2) clarification of this policy in relation to existing 
internal mechanisms and other ministries; 

3) a specifically outlined procedure for resource 
allocation and management decision-making, including 
amendment, review and appeal procedures, as well as 
clearly specified time periods; 

4) provision for a specific operational policy on public 
participation; and 

5) provision for public advisory groups on a district, 
regional and/or provincial basis. 

If the Northern Development Authority is established, its 
role in designing and negotiating resource use agreements should 
in some way be integrated with planning activities. Its experi- 
ence would be a useful source of information to planners. It 
should in turn have privilege access to all relevant government 
planning process. 



Planning 



CHAPTER 9 

RESOURCE DEPENDENT COMMUNITIES 

As we have seen, it becomes clear that the northern 
environment and the 30,000 Ontarians living north of 50 stand in 
stark contrast to that experienced by residents of the more 
populous and industrialized south. 

While many of the issues and problems in Ontario north of the 
50th are common to all people in the region regardless of location 
or ethnic origin, there are a number of problems which pertain 
predominantly to the single industry towns generally located in 
the southernmost portion of the region, either stretched along the 
Canadian National rail line or the Trans-Canada highway and 
communities some 160 kilometers or more north of the railway 
established by the mining industry. 

The historic vexation of northern single industry communities 
often referred to as within the treasure box of resources, is that 
the riches resulting from more than half a century of mining and 
logging have continued to flow to people and centres in the 
province's southern half. Of the cash flow of multi-millions of 
dollars almost nothing is left behind in the form of first-class 
community infrastructure for the people responsible for producing 
the flow of dollars, to acknowlege their input and make their 
lifeway more fulfilling. Instead they have been left to coax for 
meager dollars to build, staff and maintain schools; there was no 
help for recreational facilities and people had to provide these 
themselves with the assistance of industry, who were not allowed 
by the taxation department to consider these expenditures as 
operational costs. 

Following construction of the transcontinental railway, 
tenacious, experienced geologists and prospectors led the way in 
penetrating the north, bringing about the establishment of new 
mining communities. Lacking any roads or transportation 
facilities, the mining industry had to develop its own water 
transportation system to move in mine equipment, milling 
machinery, building materials and supplies. Townsites had to be 
built up at the mine sites to house and service their employees 
without any government assistance. There were no roads to connect 
these communities with the southern highways until some 25 years 
later. When resources were depleted, the projects closed, 
abandoning the workforce and leaving the community without taxable 
support. The "boom-bust" cycle of life in a one-industry town was 
established and remains with us today. 

The stark reality of these towns necessary for the province 
to reap its natural resources, is that their very existence 
depends on the economic health of the resource industry and, 
unless a tourism component is established, or they can otherwise 
diversify, they are incapable of dealing with a sudden industrial 
downturn. Pickle Lake, Beardmore, McKenzie Island and Madsen are 
some examples of industry closures leaving people unemployed and a 
depressed housing market in their wake. 



Resouvoe-Dependent Communities 



9-2 



Over time, circumstances singled out towns such as Sioux 
Lookout, Red Lake and Geraldton for survival. These single- 
industry tovms were able to diversify with tourism and logging 
operations, and due to their re-established stability, governments 
saw fit to set up regional or district headquarters in them 
bringing additional stability to the communities. In addition, 
these towns, connected with the highway system and having airport 
installations, are serving as transportation corridors between 
isolated northern settlements and the province's more populated 
regions. 

Two obvious threats exist to their continued economic health. 
One is government cutbacks which could reduce civil service 
positions and cause a notable decline in payroll income for these 
centres, leading to secondary effects such as reduction in 
passenger volume for the transportation sector which relies in 
part on the movement of government employees and government- 
related travellers. The second threat comes from a downturn of 
resource activities in the immediate area. Because goods, 
services and people are transported throughout these towns to 
production sites (i.e. mines, logging camps, hydro and 
communications installations) via the service centre, a decline in 
business for the town's entrepreneurs can follow a site closure. 

In towns along the CNR line which rely exclusively on 
resource extraction operations to the north, any downturn or 
stoppage of those operations removes the community's only source 
of employment and revenue — unless a viable tourism industry 
exists or can be established. 

QUALITY OF LIFE 

As history has shown, such threats often become a reality in 
the north and it is these constant boom-bust cycles which create a 
further disparity between life in the north and life in the south 
of Ontario. 

Social services, which remain generally constant in the 
south, fluctuate greatly in Ontario north of 50 where the economic 
ups and downs produce a consistent lack of good recreational, 
health and education facilities as well as a chronic shortage of 
professionals such as doctors, dentists and teachers. The effects 
are varied. As the Moosonee Recreation Committee told us during 
our hearings there in 1978: "Reareation is a very high 
priority in this aommunity but there is a great lack of funds for 
it. Recreation is a must here because of the high unemployment 
problem." At the same hearings, the Moosonee Metis and 
Non-Status Indian Association offered another perspective on the 
effects of boom-bust cycles: "If the population in our 
community is to increase , we must have adequate housing in a price 
range which people will be able to afford." 

The task of raising necessary funds to establish conditions 
within the communities which offer a more satisfying and 
fulfilling life becomes an arduous task. These difficulties, 
which continue to plague northerners, were acknowledged in a 
submission by the then-Ministry of Treasury, Economics and 



Resource-Dependent Communities 



9-3 



Intergovernmental Affairs in their submission at the Timmins 
hearings in November, 1977: "The relationship between the 
availability of services ^ including the cost to users or property 
taxpayers, and development is well known; the lack of services or 
their high cost makes it difficult for such communities to attract 
and retain people even when jobs are available." 

One of the classic arguments put forward as a solution to 
improving the attractiveness of resource-based communities to 
investors is to improve local servicing: from 'social' services 
(education, health and recreation) facilities to 'hard' servicing 
infrastructure such as sewer, water, roads and power utilities. 
The provincial G2vernment is to be commended for its recognition 
of the urgent needs of northern communities, by establishing the 
Ministry of Northern Affairs in 1977, and the positive support 
given this new Ministry to fund many of these long needed hard 
servicing facilities, but the Government continues to be somewhat 
tardy with respect to social services. 

During the 1977 Red Lake hearings, the local Tri-Municipal 
Committee detailed some of the reasons for the high rates of 
population turnover in northern communities: limited social and 
economic opportunities; periodic fluctuations in the economy and 
uncertainties regarding jobs; the narrow range of education and 
recreational opportunities for children and adults; 
dissatisfaction of women with job opportunities; and a sense of 
isolation. 

Severe climate, social and physical isolation, the high cost 
of fuel and supplies, and the perceived lack of services also 
contribute to a high labor turnover and the exodus of young people 
and professionals to southern population centres. 

The result of this type of outflux is highlighted by Geoffrey 
Weller in his 1977 paper, " Hinterland Politics: The Case of 
Northwestern Ontario ," published in the Canadian Journal of 
Political Science : ^'The economics of extraction thus develops 
an atmosphere in which much of the local population feels 
exploited , underprivileged , alienated and unable to control either 
their own destiny or that of the region. Local elites play a 
minor role in the decision-making affecting northwestern Ontario. 
All they can hope to do is somehow influence those who do make the 
decisions. ... It might be argued that the ability of the region 
to bring pressure to bear on the federal and provincial 
governments for basic changes in its hinterland status is hampered 
by the apparent need to apply constant pressure simply to obtain 
essential services that are provided almost automatically in the 
metropolitan centre." 

And yet, the appeal of the northern lifestyle — away from 
the crowding and fast pace of southern cities — remains. As 
Confederation College of Applied Arts and Technology pointed out 
in its 1983 submission to the Commission: "Jobs attract people 
but quality of life factors keep them in communities north 
of SO." 



Resource-Dependent Communities 



9-4 



The question of who should pay for additional services beyond 
what the local tax base can provide is central to the problem of 
what can be done to improve the social and economic quality of 
life in northern communities. The fact is that Ontario has an 
ongoing need for its natural resources. Therefore, it is obvious 
that the Government has a responsibility to provide services 
comparable to other communities in the province for those 
Ontarians and their families prepared to undertake resource 
extraction jobs in the remote north. 

Many northern communities, surrounded by resource extraction 

activities, are forced to watch as resources are taken from their 

immediate areas with no taxes or royalties being paid to the 
community. 

The incongruity of the situation can be illustrated by the 
communities in the Red Lake Board of Education district. Forests 
within the district are harvested to supply pulpwood which is 
trucked daily past their towns and out of the area to the Kenora 
and Dryden paper mills on which Crown royalties for the wood, at 
the rate of $8 per cord, amounts to $2.8-million annually. The 
underground raining tax paid annually by mining corporations in the 
same district is close to $20-million but no sharing formula 
exists so that the local school board can benefit directly or 
indirectly from these revenues. Ignace, the supporting community 
for the Sturgeon Lake mines 80 kilometres to their north, has the 
same disadvantage; and the communities of Marathon and 
Manitouwadge, which will be housing the personnel of the major 
HEMLO gold mines now under development, face similar challenges. 
The list goes on. Unquestionably part of these royalties and 
underground mining taxes should be directed to a northern fund, 
administered by northerners, to provide first-rate education, 
recreational opportunities and medical/dental facilities in 
northern towns. At present all corporate taxes, royalties and 
underground mining taxes flow to the general provincial and 
federal treasuries. 

It becomes incumbent on the Government of Ontario to hear the 

needs of the northern people to provide their youth with the 

breadth of education, recreational experiences and exposure to the 
arts, that already exists in southern Ontario. 

9.1 Recommendation: 

That the Government of Ontario establish a special fund 
administered by a board of persons representative of the 
north; that the fund be used for medical, educational, 
cultural and recreational purposes in communities north of 50 
at the discretion of this board; and that the fund be 
comprised for the first three years of 25 per cent of 
revenues collected by the Government of Ontario from mining 
and forest undertakings north of 50 in the form of 
underground mining taxes and stumpage fees and subsequently, 
such percentage as is fixed each year by the Provincial 
Cabinet. 



Resource-Dependent Communities 



9-5 



NEED FOR ECONOMIC DIVERSIFICATION 

Historically, some hinterland towns in Ontario north of 50 
have enjoyed a fairly stable economy based on a major industry 
with a long lifespan. Small retail and service-oriented 
businesses are firmly established, and a general sense of 
'community' has become a fact — despite some social and economic 
hardships caused by their high cost of living and isolation. As 
discussed, this situation can be disturbed, however, if resource 
supplies start to disappear or production cutbacks are 
necessitated by a sluggish international market. 

The economic reality of one-industry towns was pointed out 
during the 1977 Red Lake hearings in a submission by a group 
called TREES (Taking Responsible Environmental and Economic 
Safeguards): "Without diversification within the local economy 
people are coerced into rnaking crisis decisions which present, at 
best, a very questionable future." This outlook was supported 
by the Ministry of Community and Social Services in its March, 
1983, submission: "Communities should not be based solely on 
one industry / enterprise , but rather should strive to have some 
diversification in order to achieve some protection against the 
vagaries of market conditions. ... Towns and communities with 
governments (all levels) must plan and control, where necessary , 
economic development in order to avoid the massive social 
dislocation that is manifested in "boom/bust" towns and 
communities ." 

The challenge for northern communities is to broaden their 
economic base through diversification before any major resource 
problem develops. The options are not extensive and, as 1 have 
indicated in Chapter 7, the one exception is tourism. Tourism has 
enabled communities to establish a more mature economy capable of 
surviving a reduction in or closure of their primary industry. 
This increases the importance of my recommendations in Chapter 7, 
Tourism, which I will not repeat here. 

GOVERNMENT ASSISTANCE 

While the situation is becoming better known the plight of 
northern communities has not yet found priority in economic- 
decision making by politicans. 

For instance, the Ministry of Treasury and Economics 
announced a new province-wide program (The Community Economic 
Transformation Program) which was scheduled to begin in 1984/85 
budget year. This program was aimed at directing assistance to 
communities that "are experiencing extreme structural change 
and severe and persistent economic problems..." especially 
those with large welfare caseloads, increasing population growth 
and major plant closures. These qualifications are similar to the 
conditions experienced in "bust" towns as a result of mine or mill 
closures. However, with a relatively limited budget and an 
unofficial priority given to communities with populations 
exceeding 30,000-40,000, it is unlikely this program will have any 
impact on the area north of Sudbury in the east or Thunder Bay in 
the west. 



Resource-Dependent Communities 



9-6 



Turning to the Federal Government, the reorganization of 
federal economic development job creation programs appears 
hopeful. However, it is still too early to determine the real 
merits of the program. For example, one serious mis judgment on 
the part of the Department of Regional and Industrial Expansion 
(DRIE) for developers is the designation of northern Ontario 
largely as a "Tier I" region — meaning the area is predominately 
economically stable, thus of the lowest priority for assistance. 
For most programs offered under DRIE's Industrial and Regional 
Development Programs, eligible northern Ontario businesses or 
municipalities must put up 25 per cent more local capital than 
their counterparts in economically similar regions of the country 
that are designated as being "Tier II" or "III" and therefore 
considered to be more in need. These limitations or conditions 
illustrate the frustration caused to resource dependent 
communities. 

However, the Ministry of Northern Affairs has indeed built a 
good reputation and presence in northern Ontario and its role as 
program coordinator and public educator could become indispensable 
(as it already is to some extent). For example, it would be 
beneficial if a new community desiring a full range of "start-up" 
services (social and physical) could negotiate entirely with one 
agency — MNA. The Ministry should represent the interests of the 
other funding agencies and be responsible for communications back 
and forth between Queen's Park and the north. The other agencies 
would fund their own programs and administer them in terms of 
determining eligibility, establishing financial accountability, 
project direction and evaluation. MNA could assume the 
responsibility of introducing the "client" to the available 
programs, providing liaison advice throughout the life of the 
project and afterwards if necessary. The benefits of having one 
Ministry to deal with arises repeatedly and a recommendation for 
this appears elsewhere in this report. 

The Small Business Development Corporation (within the 
Ministry of Industry and Trade) through its subsidiary — the 
Northern Ontario Development Corporation (NODC) — has created many 
successful business ventures in the southern portions of its 
jurisdiction but few new ventures have been created by this agency 
within the Commission's mandate area. 

Recently a new program — "NORDEV" — has been announced by 
the Ministry of Northern Affairs, offering grants primarily to 
private sector businesses with the general intention of 
stimulating job creation, resource development and tourism 
development. Specifically, the four major components of the 
program are: 

1) an employment incentives program to encourage 
private sector growth; 

2) an industrial infrastructure program to offset the 
high cost of sewer and water implacement (in a 
municipal industrial park, or in a particular 
construction phase); 



Resource-Dependent Commumttes 



9-7 



3) a resource diversification and development 
component to fund private sector studies of new 
innovative techniques/technology and also 
feasibility studies; and 

4) a tourism development component to fund planning 
and marketing studies for new business potential, 
and marketing studies for existing operators. 

The $lO-million program, funded by the Ministry of Northern 
Affairs, is to be administered jointly by MNA and NODC over a 
five-year period. 

The integration of NODC and MNA expertise in the management 
of NORDEV is an improvement in provincial economic development 
policy. NODC has developed considerable expertise in the admini- 
stration and day-to-day management of industrial development 
programs which can be shared with entrepreneurs and municipalities 
alike. MNA is quickly establishing a reputation as the Ministry 
most aware of the northern "plight" and the Ministry most easily 
accessed. Together these agencies provide an integrated pool of 
business expertise, a sound knowledge of northern concerns and 
issues, and the vehicle for widespread support of the program's 
potential. 

In its role as co-ordinating lead agency for most provincial 
and provincial/ federal programs, and administrator of its own 
internal programs, MNA has become somewhat of a "one-stop- 
shopping" agency wherein concerned northerners can reach local 
government offices and speak with civil servants who are experts 
in northern affairs and government policy (most of whom are 
northerners themselves). 

The Ministry's increasing efficiency and developing rapport 
with local people gives it a future potential which is only now 
being recognized fully. 

9.2 Recommendation: 

That the Ministry of Northern Affairs act as the coordinator 
and "one-stop" source of information and assistance for 
provincial and federal economic development programs, to 
include working closely with the Northern Development 
Authority to ensure maximum benefits to northern residents. 

9.3 Recommendation: 

That the Ministry of Northern Affairs develop and maintain in 
each of their northern offices a current bank of data on the 
many Government and private sector agencies offering 
financial expertise and assistance in the establishment and 
financing of new enterprises. 

Northern experience and maturity through trial and error has 
brought about the realization that governments alone cannot be 
expected to create jobs. Ontario north of 50 is not, and probably 
never will be, a small-scale replica of southern Ontario or even 



Resouvoe-Dependent Communities 



9-8 



of the "mid-north" on the southern side of the 50th parallel. Its 
population will probably always be small in comparison with that 
of other regions, and its communities small and scattered. 
Manufacturing and agriculture — the economic bases of the south 
— probably will never contribute much to the prosperity of 
northerners. In fact, if southern models of economic development 
are applied to the north, they may well be doomed to failure. 

Experiences in Third World countries have demonstrated that 
it is foolish to try to graft industry onto physical and social 
conditions which do not provide a suitable base for it. Such 
experience correspondingly demonstrates that it is wiser to base a 
region's economy on human and natural resources which already 
exist. This does not necessarily mean that some form of 
manufacturing industry will never emerge, but its emergence 
should be allowed to take place as a natural development of an 
evolving economy, not as a forced transplant. 

In Ontario, if the north is approached on its own terms and 
if opportunities are sought for economic development based on the 
imaginative use of northern resources for the benefit of 
northerners, opportunities are most likely to be found. Again, I 
stress, the future of the north has to be conceived as 
complementary to the south and on a par with it, but not a 
miniature reflection of it. 

The fact remains that only businessmen and entrepreneurs 
encouraged by a government-created climate, are equipped to assess 
an area's potential. If left to do what their experience and 
training has equipped them to do, these are the people who can 
develop the enterprises and create the demand necessary for 
success. 

For instance, the ordinary man has been brainwashed by 
economists to believe only experts can understand the changing 
value of money. Yet it is the ordinary man, wife, aged or 
pensioner who has come to realize that his own personal life 
experience proves that the so-called expert's new economics and 
monetary strategeras have in fact taken the real worth out of 
income for his labor and services, his pensions and his savings. 
Northerners are well aware that motherhood statements and 
theoretical presumptions have not produced jobs in the north and 
we need to recognize that the man who runs a store, builds boats 
runs a tourist operation, a machine shop, a furniture shop, a 
logging operation, a saw mill, traps for furs or does commercial 
fishing knows much about putting people to work successfully. 

It is becoming apparent that the more successful business 
person and entrepreneur in the north are to be found among those 
who have endured the relative hardships of the northern climate 
and economy; have become woven into the social fabric of the 
community; have chosen to live in the north and who understand the 
local options their skills can develop. These are the people who 
accept northern conditions and may well be the most qualified and 
the most willing to make the necessary investments — for no other 
reason than their families are at home with the lifestyle. 



Resouroe-Depe^dent Communities 



9-9 



Out of the core strength of a northern community's tried and 
experienced people will the most successful diversification 
develop. Creative force lies vrLth the people. One entrepreneur 
is better than two led men. 

The cogent saying "Far away fields are greener" is to be 
challenged. Those fields may well be parched! 





Resouvoe-Dependent Communities 



SUMMER BEAVER COMMUNITY 





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The School - log construction 



Housing 




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The Church under construction 



Housing 



CHAPTER 10 

THE FUTURE; A STRATEGY FOR COMMUNITY AND SECTORAL PLANNING 

Many northerners still consider that the north has become an 
economic colony of the south, receiving an insufficient share of 
the benefits of development while bearing most of the adverse 
impacts. They feel that they have little control over shaping 
their own destinies and lack power to significantly influence 
decisions about development made in corporate and government 
boardrooms elsewhere. They argue that these decisions are being 
made without adequate understanding of and regard for the 
vulnerable natural and cultural environments of the north. Native 
people are particularly apprehensive about the prospects of 
further disruptive encroachment on their traditional homelands. 

Some changes for the better have taken place since the 
Commission began its work. The planning and public participation 
programs carried out by the Commission and the Ministry of Natural 
Resources have undoubtedly led to a heightened understanding by 
northerners of the issues confronting them, and this in turn may 
assist interest groups in negotiating and compromising, as they 
must, on the tradeoffs facing them. The Ministry's increasingly 
evident willingness to deal openly with the public on policy, 
planning and program matters affecting it is commendable and bodes 
well for the future. 

As well, northern native people are becoming increasingly 
articulate on matters respecting their land claims, their 
aboriginal rights and the Constitution, and increasingly aware 
that reliance on programs and projects initiated, funded, and to a 
large degree imposed by governments is not the route to sustained 
growth or cultural survival. 

Government departments and ministries are stepping up their 
efforts to coordinate their programs better and to make them more 
responsive to real needs. Despite such hopeful signs in recent 
years, the major issues of northern economic development, environ- 
mental protection and power over development decisions persist 
with little fundamental change. Land use planning by the Ministry 
of Natural Resources did not allay northerners' concerns, but 
instead signified the persistence of past patterns of large-scale 
industrial development and external decision making while 
providing unconvincing guarantees of improved resource management, 
sustained yield and environmental protection. Government agencies 
continue to pour millions of dollars into native communities while 
generating a disappointingly small amount of meaningful new 
economic activity and failing to reduce dependence on make-work, 
social assistance and welfare programs. And, all too often, 
native communities have failed to take advantage of good 
opportunities offered. 

Issues of development, environmental protection, power in 
decision making, and planning are inextricably intertwined. My 
mandate and the sheer weight of the views presented to me oblige 
me to recommend measures that would better the circumstances of 
northerners and minimize adverse effects of development on their 



Community Planning 



10-2 



economy, society, culture and natural environment. Greater 
benefits for northerners will not be gained by continuation of the 
development philosophies, policies, plans and programs of the 
past, and still in place. They will accrue solely through the 
acquisition and wise exercise by northerners of greater powers to 
influence decisions about major enterprises and even to reach 
their own decisions on matters of sub-regional and community 
importance having little significant effect on the people of 
Ontario as a whole. 

All development decisions must be based on some conscious 
rationale and some body of information supporting it, and hence on 
some planning process that considers both ends and means. 
Planning is not a process carried out in a policy vacuum, but is 
undertaken in order to articulate policy more explicitly and to 
provide a sufficient basis for decisions to implement actions 
consistent with it. Northerners cannot intervene effectively and 
intelligently in policy and decision-making matters without a much 
greater measure of control over planning processes of their own - 
processes that will elucidate and give greater operational 
substance to their own goals, objectives, priorities, and needs. 
Thus, northerners' visions of the north must necessarily determine 
the principles and procedures of the planning that they will help 
to devise and in which they will be engaged. And, since the 
various interest groups have their own objectives, no single 
process can meet all their needs; more than one is required. 

Northerners and others expressed strong views on the kinds of 
development that will be acceptable and unacceptable in the north. 
While the views of the various northern interest groups were often 
different and sometimes incompatible, taken together they 
demonstrated a high degree of consistency in their collective 
vision of the future and a commonality of purpose that augurs well 
for the cooperation and compromise that must now take place. To 
produce a development plan for the north is obviously beyond my 
mandate and would, in any event, be presumptuous, given my 
position favoring greater power for northerners in determining 
their own future. 

Instead, I have chosen to provide a synthesis of what I have 
learned in the form of a planning strategy for northern 
development and environmental protection. This strategy outlines 
a policy for development together with a set of planning 
principles, objectives, procedures and actions for implementation 
that seem to flow logically from it. 

In advocating a stronger role for northerners in these 
matters, I am conscious of my obligation to make recommendations 
consistent with the good of all the people of Ontario. For 
decisions respecting major enterprises, governments bear ultimate 
responsibility. But the public can expect governments to exercise 
this responsibility by taking into consideration the fullest 
possible array of relevant factors and viewpoints and acknowledg- 
ing an obligation to be accountable to the public about how and 
why particular decisions are reached. On their part, northerners 
must learn to contribute stronger, less equivocal, and better 
substantiated arguments for their own priorities if they are to 

Community Planning Q-< , -^. .-/-■ Ir - , ^ r\lLij ' - ; /^r^ 



10-3 



gain greater power in influencing decision making at the highest 
political levels. 

CONCEPTS AND PLANNING APPROACHES 

The terms decision making, planning, and research occur 
throughout this part of the report. Because they are often 
confused, they need to be operationally defined. 

Decision making, in the context of the Commission's work, is 
essentially the act of making a decision about development or 
environmental protection by an agency, community, group, or 
individual empowered or delegated the authority to do so. 
Decisions should be, but not always are, the culmination of a 
planning process, and they are often tempered as well by 
politicians' perceptions of reality and other considerations 
outside the planners' purview. 

Planning is a process for defining goals and objectives and 
deriving strategies for action consistent with them; important 
decisions on development ought not to be made outside the scope of 
a planning process. Ideally, planning should be a rational, tech- 
nical and fully participatory process whereby a government, 
agency, community or interest group systematically sets its own 
goals and objectives, defines its own priorities, evaluates and 
specifies actions to be taken, and determines a time-frame and the 
financial and administrative resources necessary for implementing 
them. All groups and individuals having a stake in the outcome of 
a planning process should be accorded opportunities to participate 
fully and prospectively at all stages in the process, to influence 
its course and outcome, and to evaluate final proposals prior to 
decisions on them. And, moreover, they are entitled to an 
explicit accounting of how the decisions were ultimately made. 

Research involves special study to illuminate inadequately 
understood factors that need to be considered in planning. It may 
contribute to planning and is commonly a component of planning, 
but it does not constitute planning peT' se. 

Planning as practised in the north exhibits several variants, 
differing in the extent to which these ideal attributes as 
described above are incorporated in the geographic focus of the 
planning and in comprehensiveness. Land use planning by the 
Ministry of Natural Resources, for example, was a formal, clearly 
articulated process that genuinely sought to attain the ideal, 
though it fell short in many ways. But other satisfactory 
conceptual models exist too, based on planning procedures 
compatible with the ideal. Submissions by native people informed 
me of their traditional process of consensus-building, in which 
all members of a band or community contribute their experiences 
and views until a common base of information is shared by all, a 
common understanding is reached about goals, objectives, 
priorities and needs, and unity is attained on what courses of 
action to take. I was informed that this process cannot be rushed 
and is not amenable to demands for a quick response to external 
initiatives. In this process, the roles of government agencies 
become essentially those of providing funds and information, 



Community Planning 



10-4 



advising on methodology, and facilitating implementation of 
feasible and sensible proposals emanating from consensus when 
asked to do so. And the roles of the outside "expert" are to 
provide input of advice on request and to contribute to the 
consensus-building on as sustained a basis as the community 
wishes. 

Consensus-building north of 50, which I strongly support as a 
precondition for later stages of planning, is a process focusing 
primarily on the community and then on the community's relation- 
ships with its hinterland and the outside world. It is a 
"bottom-up" process, unlike the land use planning which, while 
striving to accommodate local views, was imposed on the north 
following principles, procedures and objectives developed outside 
the north. Land use planning was a "top-down" process looking 
into the region and its communities from the outside. Moreover, I 
consider that consensus-building is a planning and decision model 
that could be productively emulated across the north for 
negotiating and compromising on tradeoff issues between interest 
groups. The challenge in this case is to devise structures and 
forums that will enable the transactions to take place. 

In too many instances, government agencies have decided to 
initiate or support development projects, enterprises and the 
provision of infrastructure and social services in native and 
other northern communities on the basis of nothing more than 
narrow viability analysis — substantiated by little or no 
examination of the likely consequences of what is being delivered 
for the community or its compatibility with the community's goals, 
priorities and needs. Analysis of this type is a necessary part 
of a planning process but, isolated from other components of the 
process, can scarcely be considered planning. And, even worse, 
some programs are delivered without substantiation by any 
discernible planning activity. 

Planning approaches can be classified in terms of geographic 
focus (province, region, community) and function (comprehensive, 
sectoral). These geographic and functional classes can be 
combined, so that one can speak of, for example, comprehensive 
community planning or sectoral regional planning. And the 
sectoral planning class can be further broken down into such 
sub-classes as social planning, economic planning, and 
environmental planning or, in yet another way, into such sub- 
classes as land use planning, resource management planning, 
tourism planning, and access road planning. Still further 
subdivisions can be made in seemingly almost infinite variety 
(tourism marketing planning, for example). Moreover, totally 
different taxonomic methods could have been used to classify 
planning approaches. 

Comprehensive planning spans and attempts to integrate the 
entire spectrum of economic, social, cultural, natural 
environmental, financial, and administrative concerns relevant to 
decisions about development and environmental protection. It 
calls for identification and evaluation of alternative scenarios 
of development and protection and their likely effects as a 
prelude to determining the most appropriate one, and then sets out 



Community Planning 



10-5 



the strategies, programs, and projects necessary to implement the 
one selected. 

The Design for Development program of tlie 1970 's was the 
Ontario Government's massive initiative in the field of comprehen- 
sive planning for the province. The planning was instigated and 
coordinated by the then Ministry of Treasury, Economics and 
Intergovernmental Affairs and was carried out by task forces and 
committees of experienced planners from ministries representing 
the span of the government's economic, social and natural environ- 
mental responsibilities. Its intent was to devise and propose to 
the Government a set of integrated policies, goals, objectives and 
strategies for implementation that would enable the Government to 
chart and influence the future development of Ontario and its miiin 
regions, including the north. 

The program acquired considerable momentum, but was never 
brought to a conclusion and withered after the raid-1970's for a 
variety of reasons. As the planning evolved and its prescriptions 
became increasingly explicit, politicians began to sense that it 
could lock them into long-term commitments that they were 
unwilling to make and that it might raise public expectations that 
they could not fulfil. 

Design for Development was a classic example of comprehensive 
government-executed, "top-down" planning that was articulating 
strategies for the regions themselves. And, while it did specify 
strategies for the north, it had scarcely anything to say about 
the half of the province north of 50. The provincial Government 
is unlikely to embark again on such an ambitious planning venture 
for either Ontario or any of its main regions. And even if it 
did, provincial planning could not take the place of comprehensive 
community planning and sectoral planning undertaken by northerners 
themselves towards promoting their own priorities for development 
and environmental protection. Instead, the Government ought to 
actively support planning by northern communities and groups. 

The federal Government's sponsorship of community planning by 
native people across Ontario represents the only other significant 
attempt by governments to promote comprehensive planning affecting 
the north. While this initiative embodies some attractive 
planning principles, problems have arisen in its implementation 
and it has encountered some resistance. 

Sectoral planning is undertaken by individual government 
agencies and by sectoral interest groups. Several agencies of the 
Ontario Government have carried out sectoral planning studies for 
large regions in the north. Like Design for Development, these 
too represent "top-down" planning. Sectoral planning by 
governments focuses on specific elements of their overall 
responsibilities, often considering these elements in the context 
of those of other agencies. Sectoral planning obviously entails 
sacrifice of comprehensiveness. 

The Ministry of Natural Resources' land use planning remains 
the single most Impressive effort by an agency at either senior 
level of government to undertake sectoral planning at large 



Community Planning 



10-6 



regional scales in Ontario. The Ministry sought to broaden the 
scope of its planning by integrating its interests with those of 
other public and private bodies having a stake in the disposition 
and management of Crown lands. But it was not mandated to either 
plan comprehensively or present an authentically northern 
perspective on development, and ultimately it did not do so. The 
main thrust of the land use planning has now become exhausted. 
Any attempt to revive it or make it more comprehensive and more 
responsive to northern needs would be doomed to fail. 

Other regional-scale sectoral planning has been carried out 
in the north: Ontario Hydro's studies of northern rivers, for 
example, and several studies of the tourism industry, most of them 
outdated and pertaining mainly to the southern part of northern 
Ontario. 

In exercising their responsibilities, federal, provincial and 
municipal government agencies conduct sectoral planning for 
smaller areas and individual communities. Some of these planning 
activities have focused on natural resources (lake management and 
forest mangemsnt planning by the Ministry of Natural Resources, 
for example), others on infrastructure and other community 
matters, and still others on particular aspects of social 
development and economic development. 

Most government agencies carry out sectoral planning 
primarily in order to improve the discharge of their 
responsibilities to their clients across the province in 
contributing to the well-being of the province's population as a 
whole, and only secondarily, when at all, to meet the needs of 
regional or other special interest groups. This emphasis is as it 
should be; only governments have the obligation, the sufficiently 
broad perspective, and the appropriate expertise to balance these 
needs. But governments can balance them more equitably if 
regional and special interest groups become better equipped to 
articulate and substantiate their own needs. Northerners must 
engage in their own sectoral planning in order to determine and 
then advance their own priorities. Governments should contribute 
to this task by encouraging it, by conducting research, and by 
providing information, expertise, and catalytic funding. But any 
attempt by governments to do sectoral planning on behalf of 
northerners - something that only northerners can do for 
themselves - is sure to fall on barren ground. 

PARTICIPATION BY NATIVE COMMUNITIES IN PLANNING 
AND DECISION MAKING FOR DEVELOPMENT 

Responses to the Land Use Planning 

Both the Ministry of Natural Resources and the Commission 
recognized the crucial contribution that effective participation 
by native people could make in development-related planning and 
decision making, and both exerted themselves to secure it. 
Valuable practical insights for the future can be gained by 
summarizing the two agencies' experiences and the lessons learned. 
In comparing and contrasting these experiences, the Commission 
must point out that the differences reflect mainly the different 



Community Planning 



10-7 



objectives of the two agencies. Ultimately, the Ministry's job 
was to prepare plans that articulated and specified its policies 
and principles at the regional and district levels in support of 
its mandate. The Commission was not fettered in this way. 
Indeed, it recognized that its mandate was not to produce a plan 
but to make recommendations about alternative forms of development 
that could benefit northerners, particularly native northerners, 
and others in Ontario as well. 

The Ministry was unable to attain a sustained, productive 
interface with native people, and its land use planning suffered 
greatly because it could not elicit a strong, positive, and 
prospective statement of the native peoples' own priorities. What 
it did manage to obtain from them was a diffuse, general, 
negative, and not very helpful reaction to both the planning 
process and the too-rapidly jelling substance of the plans. The 
Ministry tried very hard to secure the participation of native 
people, as it had been able to do in the case of other interest 
groups, so as to obtain a clearer understanding of how their 
interests could be better accommodated in the plans without 
compromising seriously its other objectives. While the Ministry 
would have undoubtedly taken into account the strong, positive, 
and constructive statements of native priorities that it did not 
get, it did not consider itself obliged, fitted, or welcome to do 
more than solicit input. The Ministry's active support of 
planning and consensus-building in the native communities would 
have been costly and time consuming and, moreover, would have 
facilitated expression of views that could only give it trouble. 

The Ministry could discharge its objectives, albeit much less 
than satisfactorily, without central native participation. The 
Commission could not; indeed the Commission would not have been in 
the least successful had it not been able to secure a sufficient 
native contribution to its own work. Accordingly, I was obliged, 
in the face of discouraging and time-consuming setbacks, to make 
establishment of an effective working relationship with native 
people a central focus of my entire program. I consider these 
efforts to have been justified by the outcome although, in the 
end, they were not as successful as I had hoped they would be. 

Native organizations, communities, and individuals explained 
to me why they refused to take part in the Ministry of Natural 
Resources' land use planning, or were reticent to do so on an 
intensive or protracted basis. The Treaty organizations and some 
other native agencies regarded settlement of land claim, 
aboriginal rights, and constitutional issues as preconditions for 
their involvement, arguing that they would be compromising their 
stance on these issues by acknowledging the Ministry's juris- 
diction over Crown lands and its rights to plan for their use and 
to manage them. Several native submitters pointed out that the 
Ministry's public participation procedures, based as they mainly 
were on written documentation and calling as they did for rapid 
assimilation of information and quick response times, were 
incompatible with traditional native ways of oral communication, 
careful consideration, and consensus-building. Many found the 
information that the Ministry sent them too technical, while 
others noted that they were not even made aware of the planning 



Community Planning 



10-8 



until too late a stage in the process. In some Instances, it 
appears that information sent to the band office was simply 
stock-piled and never distributed throughout the community. 

Other considerations presumably added to the reluctance of 
native agencies to take part in the planning. Some took issue with 
the accuracy of the Ministry's data, suggesting that it was often 
not in accord with their own experience, as the people most 
intimately familiar with the natural environment and its use, and 
even that it was contrived to serve the ends of southern 
development interests. The Ministry introduced into its 
participation process a sophisticated, "scientific" and quantified 
data base that native people, whatever their reservations about 
its accuracy, apparently felt ill-equipped to counter. Native 
agencies have recognized that they must acquire more convincing 
bodies of quantitative and qualitative information of their own if 
they are to further their claims and work as partners with others 
in planning. And, as they point out, the Ministry was able to 
draw on seemingly limitless funds for its inventorial and planning 
work, while they have had to plead for money to carry out their 
own studies of traditional patterns of land use and occupancy and 
their own documentation of the crucial importance of living off 
the land to their identity and survival. Moreover, funding was 
not made available to potential native intervenors to cover the 
high transportation and other costs that they would have to bear 
if they were to participate effectively. In the face of these 
obstacles, their progress has been remarkable. 

In carrying out their work, the Ministry of Natural 
Resources' planners had strong financial support, the necessary 
technical expertise, and clear instructions to plan. But, above 
all, they had the momentum of a firm mandate when it came to 
public participation. While the plan documents did not always 
present a clear, spatially explicit statement of what was being 
considered, the whole planning effort seemed to be moving in a 
pre-ordained direction, driven by goals, objectives, and targets 
determined mainly elsewhere. While the directly affected parties 
and others were given or, in the case of native people at least 
offered, ample opportunities to contribute their views about 
development and about the planning and to contest proposals 
perceived to be not in their best interests, the Ministry's 
momentum and its final rapid drive to wind up the planning placed 
all participants in essentially a defensive and reactive position. 
I can sympathize with the reluctance of many native groups to 
become involved at all. 

The Commission learned of many issues which the Ministry 
seemed willing to debate only because it was willing to make 
concessions on them. Tourist outfitters, for example, became 
engaged in discussions with the Ministry about the width of forest 
buffer zones to be left around lakes with outpost camps and about 
whether these zones should be "managed" or simply left alone. 
Trappers argued with the Ministry over timber harvesting methods 
that would impact least on their trapping, while advancing no 
strong case that timber should not be harvested in some areas at 
all. The debate scarcely touched on still other major issues. 
Can, for example, an authentic wilderness experience for a 



Community Planning 



10-9 



specialized or elite tourist clientele be provided in a 
"manicured" wilderness landscape in which the prospect from the 
shore is one of untouched forest, while the flight in to the 
outpost camp is over clear-cut forest and the day's solitude is 
broken by the not-so-distant buzz of chain-saws? It is not my 
intent to adjudicate these issues; I am simply pointing out they 
were seldom clearly raised, let alone debated. Most participants 
in the planning felt placed on the defensive. While they knew 
that they had to respond to the evolving substance of the plans 
according to how they perceived that it would affect them 
directly, they seldom came forward with strong positive statements 
of their own priorities. My recommendations on planning are 
intended to ensure that native and other northerners are placed in 
a position to do so, without having to react to proposals of 
others far more powerful than they. 

The Commission's Experience 

The Commission's own experience in attempting to work with 
native people yields lessons for the future. The Commission 
experimented with five different kinds of participation models and 
forums. First, it made efforts to publicize the role of the 
inquiry and to transmit the results of its own work and other 
information to the communities in order to elicit constructive 
response and positive input from them, and it produced newsletters 
and took on a staff of information officers to do so. This 
particular participation was not as effective as it could have 
been had the Commission been able to better synchronise its 
research and public participation programs during the middle 
stages of the inquiry. A second model called for collaborative 
research projects to be undertaken by the Commission and native 
agencies; this approach was implemented, with some degree of 
success, with the Kayahna Tribal Area Council. A third model, a 
particularly productive one in my view, was the Commission's 
support and sponsorship of an independent impact study at Fort 
Hope. In the fourth model, I sought to secure participation by 
native people through their submissions under my public funding 
program and at hearings held in their communities and elsewhere; 
their response was crucially valuable to me. The fifth model 
entailed the circulation of research reports by my staff and 
consultants. 

The Commission strove to stimulate the participation of 
northern native people at all levels. I regret that I could not 
forge a productive working relationship with Grand Council 
Treaty //9 , although I tried to do so in several ways. I felt 
disinclined to debate issues pertaining to land claims, aboriginal 
rights, and the Constitution, for to do so would have surely 
compelled me to step beyond my mandate and would, in any event, 
have been counter-productive to its discharge. While I 
acknowledge these to be vitally important issues, I concluded that 
they are ones more appropriately addressed in other forums. 

I met with somewhat greater success in my efforts to work 
constructively with at least some of the tribal area councils, 
whose activities include both political representation of 
groupings of communities and socio-economic development within 



Community Planning 



10-10 



them. In the case of the Kayahna Area Tribal Council, 
representing a group of Indian communities centred around Big 
Trout Lake, the Commission agreed, after some strong initial 
reservations, to support native-executed land use and occupancy 
studies by contributing funds, supplying needed expertise, and 
making provision for cartographic services. The communities' work 
culminated in an impressive published report and atlas: The 
Kayahna Region Land Use and Occupancy Study . 

In order to complement the Kayahna research, the Commission 
carried out a comparative study of cash income sources in the 
Kayahna communities and non-native communities in the Sioux 
Lookout district. I had intended the whole joint project to be 
fully collaborative; I wanted it to develop a common body of 
information that the two parties could draw on in order to reach 
shared as well as independent conclusions. Unfortunately, while 
some interaction took place, the hoped-for close fusion of the two 
components never happened because contact between them was too 
sporadic. Collaborative research may have a future as a useful 
forum for planning and participation, but the work must be 
integrated on a continuing. Sustained basis if it is to be fully 
productive. 

Throughout my inquiry, I found my efforts to stimulate con- 
tributions from native people to be particularly fruitful and most 
cordially received through my contacts with them at the community 
level, where interaction could take place largely unencumbered by 
political rhetoric. That the native communities wanted to bring 
their concerns and proposals before me is manifest by the large 
number of submissions that they made through my public interest 
subsidy program and at my informal hearings and meetings. 
Collectively, these submissions constitute a powerful statement of 
native peoples' aspirations and priorities that has guided me in 
drawing my conclusions and framing my recommendations. 

Some Accomplishments 

Submissions to the Commission dispelled any notion that 
native people are incapable of setting their own goals, 
objectives, and priorities or actually undertaking projects that 
generate jobs, income, and other lasting benefits. To the 
contrary, northern native people demonstrated to me that they are 
often better equipped than any outsider, however well-intentioned 
and "expert", to assess community strengths and weaknesses, 
identify communities' own realistic solutions to problems, and 
embark on courses of action that contribute to their self- 
reliance, cohesiveness, and cultural identity. Heartening 
examples can be cited to show that native people are capable of 
taking constructive steps to confront what must often have seemed 
to be a set of hopelessly unresolvable problems. I can touch on 
only a few of the most outstanding ones in this report. 

Kingfisher Lake Socio-Economic 
Development Corporation 

The experience of the Kingfisher Lake Band and its 
development corporation provided me with tangible evidence of the 



Community Planning 



10-11 



lasting and widely-dispersed benefits and self-reliance that a 
native community can gain through involving its members in 
deliberate, cautious, comprehensive and sustained planning to 
determine its own independent course of action. The community 
made a realistic appraisal of its own circumstances and the 
development options open to it. It concluded that continuing 
reliance on government programs and on outside sources for most 
goods would not provide enduring solutions to the problems 
confronting it. While it recognized the need to rely on the 
resource base for subsistence and economic development, it also 
realized that it had to seek long-term alternatives to trapping, 
hunting, and fishing, pursuits that could not continue to support 
a growing population and that, in any event, depended on 
traditional skills that were vanishing. It resolved to identify 
and take up opportunites to establish band-owned, non-profit 
businesses and services that would be self-supporting, create 
employment, and endow self-reliance and community pride. 

The Kingfisher Lake Band determined its first priority to be 
the containment of economic leakage from the community. In 1980, 
it established, as the crucial first step, the Kingfisher Lake 
Socio-Economic Development Corporation, a non-profit organization 
having potential to increase the community's control over its own 
affairs. The corporation's first task was to buy out the Hudson's 
Bay Company store, which was known to be capturing some 82 per 
cent of the money flowing into the community through economic 
activities and transfer payments and transmitting most of it to 
the outside. 

The store's operation could not completely stop the flow of 
money to the outside, for it still depended on imported goods. 
But the surpluses were sufficient to create an independent fund of 
capital, to which no strings were attached, for investment in 
other projects that the community wanted: a laundromat to free 
women from the arduous tasks of fetching water and fuelwood, 
heating the water, and washing and drying by hand; a mechanics and 
repair shop where equipment and skills are shared; a coffee shop 
operated by the band in consultation with the corporation. The 
corporation is considering and investigating further initiatives: 
a new store, to be built from surpluses generated by the store 
sales and using locally obtained construction materials wherever 
possible; a community gardening and greenhouse project; small- 
scale alternative energy systems. The corporation also sometimes 
supports recreational and other activities in the community. 

While the corporation has received catalytic grants and loans 
from government to get its enterprises started, these enterprises 
appear now to be able to sustain themselves on their own. The 
corporation operates primarily with funds from store sales, the 
local purchase and subsequent resale of furs, and interest on terra 
deposits, and all surpluses from the various community projects go 
to the corporation. 

The corporation's structure and mandate encourage participa- 
tory decision making and sharing of responsibility through 
consensus. The corporation is accountable for all its activities 
to the membership, which comprises the whole community, and its 



Cowmunity Planning 



10-12 



Board of Directors is composed of representatives of the 
community's families. 

Several ingredients came together to contribute to the 
success of the Kingfisher Lake Socio-Econoraic Development 
Corporation: the corporation's non-profit nature and its ability 
to generate an independent, community-controlled fund of capital 
and reinvest surpluses in community projects; the commitment of 
the corporation to work, with the community's leaders and members 
in planning and implementing projects consistent with community 
priorities and to be accountable to the whole community; the 
corporation's conduct of its affairs in a business-like way, 
maintaining a distance from federal government agencies and also 
from band administrative control and native politics while working 
closely with the Chief and Council; the representation on the 
corporation's Board of the traditional family structure of the 
community; and recognition by the corporation of the importance to 
the community of such non-monetary values as good working 
conditions, a sense of ownership and participation, and cultural 
identity. 

Gull Bay: Kiashke River Native 
Development Incorporated 

The success of Kiashke River Native Development Incorporated 
of the Gull Bay Band on Lake Nipigon further reinforced my 
conviction that locally-based development corporations can be an 
exceedingly productive vehicle for the implementation of projects 
that enhance income and self-reliance in northern native 
communities. This corporation's story is worth recounting, for 
it, too, shows what can be accomplished through the sustained 
efforts of capable and dedicated community leaders bolstered by 
constructive support from government agencies and other outsiders 
at key stages when it is needed but without excessive interference 
by these agencies or band politicians. The Gull Bay band's 
successes arose from its leaders' resolve, dating back to the 
early 1970 's, that Gull Bay should become a forest-based economic 
community through participation in a timber-harvesting enterprise 
tied to industrial markets and through maintenance of the natural 
environment for trapping, hunting, fishing, and wilderness 
tourism. These leaders followed the kind of deliberate, cautious, 
learn-as-you-go approach to the problems confronting them that was 
evident at Kingfisher Lake. 

By the end of 1983, after nine years of existence, the 
Kiashke corporation's operations were employing 40 pieceworkers as 
loggers, cone pickers, tree planters, and haul crew. Total wages 
over the period 1974 to 1982 amounted to about $4-million. The 
corporation has performed as a good citizen of Gull Bay by 
providing support for a variety of community projects. 

Kiashke Native Development Incorporated was created and 
became able to contribute to the well-being of Gull Bay because of 
the confluence of a number of favorable circumstances and 
ingredients: strong local leadership and initiative; determi- 
nation on the part of the leaders to make maximum use of community 
skills, to conduct the forest operations as a business and not a 



Community Planning 



10-13 



band venture, and to seek outside advice and training when 
necessary; access to a sufficiently productive resource base and 
to markets; and cooperative attitudes and actions on the part of 
governments and industry as regards advice, on-the-job training, 
start-up funding, and markets. 

CES Strategy at Big Trout Lake 

Still another experience worth recounting for the useful 
insights that it reveals about how government agencies can both 
assist and retard community socio-economic development is that of 
the Big Trout Lake Band with the Community Employment Strategy 
over the period 1976 to early 1980. The CES was a joint 
federal-provincial initiative spearheaded by the Canada Employment 
and Immigration Commission and the Ontario Ministry of Labour. 
Its primary thrust was to coordinate development activities within 
each of several selected native communities, in partnership with 
their members, in order to alleviate worsening crises of 
unemployment, underemployment, and welfare dependency. The 
program's key operating principles were that the communities 
themselves would Identify problems and propose solutions that 
could be attained through more effective use of existing federal 
and provincial government programs. And the basic strategy that 
it developed for Big Trout Lake was facilitation of community 
planning to find short-terra solutions to unemployment while 
establishing a basis for longer-term planning. 

Early studies under the program led to recommendations for 
14 projects in the areas of training, job- and education-related 
information, and specific proposals for evaluation. Tangible 
benefits arose from the concentrated efforts to improve 
coordination and eliminate blocks to implementation: a causeway 
linking parts of the community; a winter access road to haul logs 
from Long Dog Lake; initiation of further research on projects 
appearing to offer development potential; conduct of training 
courses for practical skills; hiring of an outreach worker and a 
planning coordinator; feasibility studies of a furniture shop, a 
proposal to purchase a commercial aircraft, timber operations, and 
alternative energy generation; trapline development; and an 
organizational study of the band government. 

While these early accomplishments of Big Trout Lake under the 
CES program were fairly consequential in terms of short-terra job 
creation, skills development, and infrastructure improvement, 
long-terra benefits could be attained only by on-going coordination 
of training, job creation, and agency support, by better access to 
existing permanent employment opportunities, and by the establish- 
ment of new viable enterprises owned and operated by Indians. 
CES was wound up in 1980 because of "budgetary constraints". An 
evaluation of the program, as presented in a submission to me 
remarked that "The establishment of a permanent co-ordinating 
mechanism under local control and with stable and adequate funding 
is necessary if the kind of momentum achieved during the CES is to 
be regained, and sustained to the point where long-term solutions 
are found." 



Community Planning 



10-14 



The start-up of a still-successful, community-ovmed furniture 
shop - providing jobs, meeting local needs, and supplying outside 
markets - was a major accomplishment of CES at Big Trout Lake. 
The community had been interested in this project as early as 
1974. A shop bulldiiig was completed two years later with funds 
from the Opportunities for Youth Program. A feasibility study 
conducted by outside consultants under the aegis of CES and with 
funding by the Local Employment Assistance Program (LEAP) foresaw 
an optimistic future for the enterprise while inadequately 
identifying major obstacles that were eventually encountered 
during implementation: insufficient attention to local wood 
supplies, which have proved to be deficient; over-estimation of 
community demands for furniture and cabinets; failure to identify 
the potential long-term strengths of the institutional and 
off-reserve markets and the shorter-term impediments to entering 
them; inadequate provision for the local production of 
good-quality dried lumber; and insufficient provision for 
phasing-in supporting infrastructure, like electric power, prior 
to the commencement of operations. 

Other obstacles were encountered that niight not have been so 
readily foreseen: difficulty in finding a suitable manager/ 
trainer; problems with devising furniture designs appropriate to 
both local skills and markets; the desire of other bands to engage 
competitively in a similar enterprise; and, according to one 
submission, reluctance of the Department of Indian Affairs and 
Northern Development to be a more active institutional customer 
for a development initiative in which it had no financial 
commitment or direct control. 

The furniture enterprise has survived these formidable 
obstacles and seems established as an asset to Big Trout Lake. 
The community's dedication to the enterprise and its persistent 
resolve to make it work provides a heartening example of what can 
be done in isolated northern native communities. 

Summer Beaver's Land Use Plan 

I was particularly impressed by the pride and enthusiasm 
displayed by leaders of Summer Beaver when they presented to me 
their community's well-thought-out preliminary land use plan for 
the settlement itself and its hinterland. Continuation of this 
commendable initial work merits support, as does the planning now 
taking place in several other communities. 

Impact Study and Research at Fort Hope 

The Fort Hope community's response to my sponsoring of its 
impact study and research was a high point of my tenure as 
Commissioner. Fort Hopians presented the results of their work in 
a commendable report - The Ogoki Road: An Avenue of Worry - and 
at a public hearing there in which virtually the entire community 
participated. I remain greatly impressed by the breadth, depth, 
and insightf ulness of the study and by the logic and innovative- 
ness of its findings, and also deeply moved by the commitment, 
enthusiasm, and unity of purpose demonstrated by the community's 
members, almost all of whom had taken part in it. The products of 
Fort Hope's efforts provide tangible evidence of what a community 

Community Planning 



10-15 



can accomplish through consensus when left alone to follow its own 
independent course. 

The impact study was coordinated by two principal 
researchers, one a resident of Fort Hope and the other an 
experienced outside professional who proved acceptable to the 
community and was willing and able to contribute to consensus- 
building over an extended period of time. The researchers, in 
effect, participated in the community, rather than the community 
in the research. The roles of the Commission in the project were 
essentially those of providing administrative support and funding, 
subject of course to reasonable financial accountability. 

The impetus for the Fort Hope study was apprehension in the 
community about the problems and challenges that it would have to 
confront if it became linked to the outside by the Ogoki road. 
The Ogoki road was being constructed northwestwards from Nakina to 
give Kimberly-Clark of Canada Limited access to mature timber in 
that part of its limits near the Albany River while relieving 
harvesting pressures on its southern limits. The community had to 
decide whether or not it wanted a road link to the access road. 

The results of a comprehensive and detailed questionnaire 
administered to residents proved to be the main key for 
stimulating dialogue, interest, discussion, and consensus-building 
within the community. This was complemented by other work, 
notably archival research and the establishment of harmonious 
relations with Kimberly-Clark officials. The outcome was a more 
realistic understanding by community members of their circum- 
stances and the historical events and cultural factors that had 
led to them and a clearer consensus about what they now must do to 
take fuller advantage of their limited opportunities while coming 
to grips with discouraging economic problems and a disintegrating 
society and culture. 

The results of the questionnaire substantiated the litany of 
seemingly intractable problems confronting the community: the 
devastating impacts of decisions made outside to settle a nomadic 
people in ill-planned permanent communities; the erosion of 
traditional skills and the cultural heritage through educational 
policies tied to payment of family allowances; the increasing 
ascendancy of a disoriented subculture of younger people 
( "Whindians") who are highly dependent on welfare and lack both 
traditional skills and the ability to compete outside, who are 
losing touch with the elders' wisdom and knowledge of Indian 
culture, and who are becoming the political advocates of Indian 
ways that they never experienced; the inability of the natural 
environment to sustain the growing population; the limited job 
opportunities in the community, coupled with a demoralizing 
dependence on transfer payments and welfare and on high-cost goods 
from the outside. 

Residents of Fort Hope did not claim that their plight went 
unrecognized. To the contrary, they found themselves victims of 
governments' paternalism and inability to gear assistance to 
community realities and aspirations. The study report states 
their views on this matter more convincingly and vividly then I 



Community Planning 



10-16 



ever could myself: ".... the I960' s and 70' s were an era of 
expanded funding to native oommunities and all sorts of programs 
whish brought education missionaries ^ eoonomia missionaries , 
social missionaries , political missionaries ^ community 
'development' missionaries - missionaries of every variety, but 
missionaries nonetheless. All the programs were designed to 
re-form and upgrade the Indian, to re-make and re-model him in the 
image of the whiteman. It is true that Fort Hopians weren't 
coping too well with the second-rate version of the 20th Century 
that had been foisted upon them - but it was not due to any defect 
in the people or their traditional culture. It was due to the 
defects in the policies and programs - the main one being their 
lack of coordination and any well-defined explicit overall 
purpose. Thus the new policies and programs of the 60' s and 70' s 
just made matters worse." 

The report later continues on with the indictment in a 
similar vein: "Throughout the 1960's, native communities in 
Northern Ontario were bombarded with courses, programs, projects 
and studies from government agencies such as ARDA, Youth and 
Recreation Branch and the CYC. All of which made little 
noticeable difference in people or their communities and some of 
which were patently absurd. In the 1970' s, the emphasis shifted 
to 'hard core development' - Economic Development Officers and 
their missionaries from DIAND and other federal government 
agencies took over. On the basis of the 1980 and '81 employment 
figures, their programs, projects , courses and studies must be 
judged as unsuccessful since they failed to produce the jobCs] 
.... so badly needed to survive .... programs were devised based 
on the community' s 'needs' (i.e., lacks ) as perceived by white, 
middle class outsiders ... . without a thorough analysis of the 
realities involved, there could never be any clearly defined 
overall purpose and coordination of the programs .... the control 
and decision-making was in the hands of those through whom the 
funds came ... ." 

The Royal Commission on the Northern Environment sponsored 
the program of planning and research at Fort Hope for three and a 
half years. This period was sufficiently long to enable Fort 
Hopians to make a useful start and substantial progress towards 
reaching a consensus on their priorities and on realistic courses 
of action consistent with them. The community needs and merits 
continuing support for its own long-term planning efforts. Many 
of the projects and actions that its members tentatively 
identified require further "mulling over", fleshing out, and 
feasibility testing. As the research report acknowledges, in 
setting out its internal recommendations pertaining to the 
community: "It was the task of the Study to arrive at 
recommendations based on the data gathered about Fort Hope and the 
Ogoki Road. It is beyond the scope of the study to provide 
detailed plans or ways in which to carry out specific 
recommendations. That is the task of Council, the Community, 
future studies and future programs. The authors caution that a^y 
attempt to implement the recommendations instantly and/or all at 
once without exhaustive discussion within the community and 
without a carefully planned and integrated approach, will doom 



Community Planning 



10-17 



them to failure, worsen existing problems in the community and 
create absolute chaos." 

The study's findings, along with the recommendations made to 
the Commission at the Fort Hope hearings, lead the Commission to 
conclude that a strategy consisting of a set of five inter- 
dependent components must be devised and implemented for the 
community's survival and development. This conclusion is further 
reinforced by The People of North of 50°; In Quest of 
Understanding , a report prepared at the Commission's request by 
the two principal researchers on the Fort Hope project as a 
synthesis of their knowledge gained there and elsewhere in the 
north. The strategy has obvious application to other native 
communities in the north. 

The first component, the prerequisite for the success of the 
other four, calls for mobilizing the community's cultural heri- 
tage, social strengths, and skills so as to bring about community 
cohesion and self-reliance and make the community a better place 
in which to live. The objective here is to maintain what is best 
of Indian values, while gaining greater familiarity with the white 
man's ways and taking what is best from them. And a key to 
achieving it is to harness the wisdom of the "traditional" elders 
and the skills of the "transitional" group in coping in both 
worlds, before it is too late. The study, based as it was on 
consensus-building, has already demonstrated that it can serve as 
a powerful tool for addressing this formidable task; it has ident- 
ified for further consideration an array of specific actions for 
doing so. Yet, while the study has helped the community's members 
to reach a clearer understanding of the things that they them- 
selves, and not others, must do, their planning must continue on. 

The second component calls for import substitution, the 
production of goods and the provision of services locally to 
replace high cost alternatives now imported from the outside. 
According to the study. Fort Hopians spent more than $1.5-million 
annually for supplies and goods at the co-op store alone, an 
amount equivalent to almost $6 per person every day of the year. 
While local control of the co-op store has generated some surplus 
money for circulation in the community, the store remains a major 
source of economic leakage to the outside. But an increase in 
commercial fishing to meet community needs and the production 
locally of livestock can replace costly imported meat, and a local 
market garden operation would displace imported vegetables that 
are generally low in quality. The subsidized housing provided by 
the Department of Indian Affairs and Northern Development is 
unsuited to the northern Ontario environment and the needs of its 
native communities; the funds available for housing could be more 
productively applied to support a local industry producing logs 
and other materials for dwellings and buildings of local design. 
And, as well, there may be scope for other small community-serving 
enterprises like the repair shop and laundromat at Kingfisher 
Lake. 

The third component focuses on the production of goods for 
export to the outside and the sale of goods and services to 
outsiders coming into the community. The Fort Hope study advo- 



Community Planning 



10-18 



cates that such enterprises be based on feasibility considerations 
and be pursued on a business footing with no control by the band 
administration. The study identified handicraft production as one 
activity meriting further investigation. The sale of timber pro- 
duced on local timber limits to outside mills has been successful 
at Gull Bay and may become feasible here too if the road arrives. 
The community sees opportunities for expansion in tourism; it 
would like to become involved in "world class tourism" of a kind 
that doesn't exploit the environnment and it urges the government 
to investigate the market for this type of tourist experience. 
The completion of the Ogoki road would bring recreational 
cottagers into the area, providing a new market for construction 
and services. The establishment of the proposed Albany River 
waterway park, which the community favors provided that 
traditional uses are allowed to continue in it, may provide Fort 
Hopians with further opportunities to serve tourists. Other 
prospects for enterprises engaged in manufacturing for export as 
well as domestic consumption doubtless exist; the furniture shop 
at Big Trout Lake is one example that might be relevant to Fort 
Hope. 

The fourth compoaent calls for the creation of opportunities 
for Fort Hopians to work in the "outside" economy, particularly in 
its natural resource-based segment, as well as for continuing 
access to hinterland resources for traditional uses. The study 
outlines some of the specific opportunities, among them the 
following: working in the woods operations on the northern part 
of the Kimberly-Clark limits; employment in resource management 
and environmental protection, whereby local people could take jobs 
in tree planting and other forest regeneration activities, in fire 
fighting, and as conservation, park, and enforcement officers; 
work at the fire control centre that they propose the Ministry of 
Natural Resources establish in Fort Hope; and employment in 
mining, should development of promising deposits near the 
community take place. 

The fifth component of the strategy calls for action by 
governments, working in concert with the community, to create the 
external prerequisites for ensuring that development is beneficial 
to the community. The recommendations of the Commission lend 
strong support to many of the proposals stated or implied in the 
study report and at the Fort Hope hearing. 

Fort Hopians ask for recognition of their community's effect- 
ive zone of influence, the hinterland on which they still rely for 
its contribution to their survival. They require priority rights 
of access for use and development of natural resources within this 
territory, and they want their traplines exempted from quotas. 
They expect to be consulted and be partners in decision making on 
proposals by others affecting the hinterland and the community. 
They want jobs in the new projects and a share of the revenues 
generated by industrial operations. They advocate application of 
the Environmental Assessment Act , 1975 to all proposed 
undertakings, and want to take part in monitoring their effects. 

Fort Hopians recommend that the Ministry of Natural 
Resources' West Patricia and district land use guidelines not be 



Community Planning 



10-19 



implemented until the necessary further investigations are made on 
such matters as environmental carrying capacities, timber harvest- 
ing methods, and regeneration. They want participation in such 
investigations and opportunities to evaluate their results. And 
they want to be in a position to contribute their own perspectives 
and information to land use planning and decision making. 

The community's members support the Government's proposal to 
create the Albany River waterway park, which they see as a means 
for preserving that area's sacred and historic significance. They 
want jobs in the opening-up and operation of the park, and they 
insist that the park regulations allow for the continuation of 
traditional uses within it. 

Fort Hopians are dismayed by the proliferation of ministries, 
departments, and program branches with which they must interact. 
They argue, justifiably, that this confusing situation impedes 
communication and coordination and detracts from effectiveness, 
and they recommend that all Ontario government agencies deal 
directly with the native communities through a single agency to be 
situated in the north. 

The strategy and its components clearly cannot be 
successfully implemented unless native people can acquire higher 
skill and educational levels than they now possess. The Fort Hope 
study has much to say about community members' needs for 
sustained, on-the-job training related to management and other 
employment opportunities that exist or can realistically be 
created. On the other hand, it expresses disdain for the 
short-lived, patchwork, and crisis-responsive make-work and 
training programs that the community has suffered from all too 
often. Sufficient funds and the best expertise obtainable are 
desperately needed by native people to support their participation 
in the future development of Ontario north of 50. 

Of no less importance to the successful implementation of the 
strategy's components is the commitment by governments to give 
continuing encouragement to northern native peoples' desires and 
initiatives for conducting their own long-range planning and for 
participating in decision making on matters that vitally concern 
their lives. On the part of sponsoring agencies, the nurturing of 
community-based planning requires: funding, with no strings 
attached apart from accountability; patience and understanding; 
the making available of expert advice; and a willingness to work 
as partners in the gathering of information and in the planning 
itself when that is called for. What clearly is not required is a 
planning process and timetable imposed from the outside. 



A RECOMMENDED INTEGRATED PLANNING STRATEGY FOR THE FUTURE 

Policy Goals and Principles 

The Government of Ontario has no articulated policy for the 
development of the north. While individual ministries, such as 
Natural Resources, may have policy guidelines that are reflected 
in their activities in the north, the Government as a whole 

Community Planning 



10-20 



seems to have no conception of what sort of future it wishes to 
see for the northern lialf of the province, still less how it is to 
be achieved. Even in the days of the "province-wide" and 
supposedly comprehensive Design for Development, a decade or more 
ago, the half of the province north of 50° was virtually ignored 
in the setting of goals, objectives, and programs. Perhaps the 
only significant change in this respect was the creation of the 
Commission itself, which at least seemed to imply a recognition 
that policy guidelines of some sort were needed as an alternative 
to viewing and treating the north as little more than a storehouse 
of riches to be tapped for the benefit of the south. The 
government as a whole has never explicitly acknowledged that it 
regards the north as also a homeland with the potential for, and 
the right to, a future as something more than just an economic 
hinterland. 

Genuine and meaningful change in approaches and programs on 
the part of the Government of Ontario demands clear policy 
direction: an explicit definition of just what it is that the 
Government ultimately seeks to achieve and a touchstone against 
which performance can be gauged. I am compelled to conclude, from 
the evidence presented to me, that northerners must be accorded 
greater control over both development and decision making, with a 
view to bettering the northern environment in all its facets. 

The Government of Ontario should adopt, as its main policy 
goal for the north, the social, cultural and economic development 
of northern communities and peoples to their fullest potential, 
towards 1) economic parity with Ontario as a whole and 2) cultural 
and economic self-sufficiency within the framework of the Ontario 
society, economy, and government, according to values, objectives 
and means chosen by northern communities and peoples themselves. 

By adopting this goal, the Government would be, in effect, 
acknowledging several crucially important development principles: 
that development involves not just exploitation, but also growth 
in well-being, personal development, opportunities and choices, 
and self-reliance; that development is not charity or welfare but 
a sound investment; that development must be based more on 
northern models and less on southern ones; that community 
development (of which economic, social, and political development 
are but facets) must become the main future thrust; that the 
planning and control of community development must be in hands of 
the communities themselves; that governments' proper roles are to 
facilitate community development, not impose it, and to ensure 
coordinated design and delivery of their programs. 

Northerners ' Planning Roles 

If northerners wish to gain greater control over their own 
destinies, they must also accept responsibility for articulating 
their own development goals, objectives, and priorities more 
clearly and explicitly than they have in the past. To respond to 
development and planning initiatives imposed largely from the 
outside, as northerners did in the case of the Ministry of Natural 
Resources' land use planning, is not a particularly difficult 



Community Planning 



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task. Much more onerous, but also potentially much more 
rewarding, is northerners' task of specifying their priorities in 
a positive, constructive, and proactive manner. In short, 
northerners need to devise planning programs and processes that 
are tailored to their needs and that can elicit the necessary full 
participation of northern interest groups and individuals having a 
stake in northern development. 

While no government agency, however well-intentioned or 
competently staffed, can carry out the required planning on behalf 
of northerners, governments can contribute strong support to it in 
several ways: by establishing institutional arrangements and 
other preconditions for planning by northerners; by providing 
information, funds, and expert advice; by coordinating agencies' 
input and response to the planning; and by undertaking 
complementary planning and research. 

Even though the Commission placed itself in a position to 
hear the views of northerners, it is little better fitted than 
governments themselves to reach any but the broadest conclusions 
regarding future directions for development in Ontario north of 
50. I was neither mandated nor inclined to produce plans for 
northern development; that is a task that northerners themselves 
and others affected must assume responsibility for, with the 
support of governments. Accordingly, my recommendations to the 
Government of Ontario constitute advice on specific actions that 
it can take to facilitate northern planning and development, 
without detracting from the flexibility of northerners to carry 
out their own planning and reach their own conclusions about 
development. 

My recommendations to the Government of Ontario advocate a 
strategy that will provide each northern interest group having a 
direct stake in northern development with opportunities to 
determine and specify its own priorities through a kind of 
planning that is positive, constructive, and proactive. This 
strategy represents a major departure from the past, when 
interest groups were not encouraged or assisted to come forward 
with their own carefully formulated views about how development 
should take place but were Instead placed in the adversarial 
position of having to react to planning proposals and development 
initiatives emanating from outside the north. 

This strategy is crafted to ensure that planning by 
northerners themselves can proceed unfettered by assumptions that 
the terras and conditions of northern development are pre-ordained 
by others and cannot be changed. And, it is based on my 
conviction that northern interest groups, once armed with a clear 
sense of their own priorities, will be able to negotiate with 
considerable success on the trade-off and other issues outstanding 
between them. My own view, based on what I have learned, is that 
these issues may prove to be more tractable and amenable to 
resolution than many people now believe. Moreover, while I am 
convinced that strong pressures for northern development persist, 
I also realize that the spate of major new development proposals 
confronting northerners at the time that my Commission was 
established has considerably abated, so that circumstances are now 

u— 4 ; ■ -f " -^ 

^ I HiAyil <, h ] Y /Lo~^ -OK" Cr'c^u y I C^/''/'' Community Blahnin^ ■ 



10-22 



more propitious for new planning initiatives to flourish, if not 
for economic growth. 

Components of the Strategy 

Thrusts 

The strategy that I am proposing has four main thrusts, which 
are interdependent and mutually reinforcing and must be imple- 
mented through a coordinated set of actions by governments; no 
single one of thera will be sufficient to endow northerners with a 
significant measure of control over planning and decision making 
on development matters. In many instances, the strategy simply 
assembles and "packages" recommendations detailed and 
substantiated more fully elsewhere in this report. 

The first thrust calls for actions to remove government com- 
mitments and uncertainties respecting the allocation and manage- 
ment of natural resources - commitments and uncertainties that 
would impede the ability of northerners to determine and assert 
their own priorities. Specifically, I am asking the Ministry of 
Natural Resources to publish its land use guidelines for the West 
Patricia area and Geraldton District and, when available, for 
Moosonee District, to acknowledge that its land use guidelines are 
merely broad statements of its intentions in the exercise of its 
jurisdictional role and not statements of Government policy, to 
clarify in collaboration with the Ministry of the Environment the 
relationship between its planning activities and the Environmental 
Assessment Act , and to rescind the Memorandum of Agreement respec- 
ting the future use of the Reed tract, as recommended in Chapter 
5. 

The second thrust calls for actions that would endow native 
communities with a greater measure of control over the development 
and use of natural resources in their hinterlands. As elsewhere 
discussed, I am asking the Government of Ontario to work with the 
communities towards designation of expanded reserves and 
community-use areas within which native people would have prior 
rights of access to develop and use natural resources and would be 
placed in a position to negotiate terms and conditions with 
prospective outside developers. 

The third thrust, the obvious linch-pin of the whole 
strategy, calls on governments to actively promote planning by 
northern native and non-native communities and other northern 
interest groups, to make available information and expert advice 
when required and to conduct necessary research, to support viable 
development projects identified through the planning, and to 
coordinate the activities of the multitude of agencies providing 
infrastructure and delivering programs to communities in Ontario 
north of 50. I am asking the Government of Ontario to support, 
reinforce, and complement the comprehensive planning that is now 
in its inceptional stages in northern native communities and to 
encourage and assist tourist operators, trappers, and other 
Interest groups to carry out their own sectoral planning. 

The fourth thrust, a precondition for success in the other 
three, calls on governments to devise and establish a 
multipartite mechanism that would coordinate administration of the 

Community Planning 



10-23 



planning overall and provide a forum for ongoing negotiation 
between interest groups and the resolution of issues outstanding 
between them. 

Removal of Commitments and Uncertainties 

The resource allocation and planning activities of Ontario 
Government ministries and the evident bias of some ministries 
towards economic development based on use of natural resources to 
meet markets outside the north signifies the perpetuation of past 
modes of development and decision making and hence impedes the 
ability of northerners to chart their own future. My recommended 
strategy is intended to "clear the slate" of existing natural 
resource commitments, real or perceived, that put northerners on 
the defensive. 

The prescriptions for development embedded in the Ministry of 
Natural Resources' strategic land use plans and district land use 
guidelines, together with the equivocal status accorded to the 
latter as a basis for reaching decisions on northern development, 
continue to be a source of apprehension and uncertainty for 
northerners. Moreover, the options offered for public response in 
the district plan documents were all compatible with the 
Ministry's view of how development should take place, and hence 
were so narrowly ranging that they inhibited the ability of native 
people and some other northern interest groups to come forward 
with strong statements of their own priorities - priorities that 
would likely have been genuine alternatives to all the choices 
offered. Finally, the plan documents failed to evaluate the 
social, economic, and natural environmental consequences of their 
prescriptions, so that northerners were given insufficent 
information on which to formulate their responses. And, in all 
these respects, the planning was carried out with scant regard to 
the good planning principles embodied in the Environmental 
Assessment Act, 1975 . 

The recommendations on land use planning made in Chapter 8 of 
this report are intended to bring planning under the Environmental 
Assessment Act and to clarify the status of existing guidelines. 
These recommendations are focused primarily on the planning for 
the West Patricia area and Moosonee and Geraldton districts, which 
together include most of Ontario north of 50. 

I have recorded elsewhere my apprehension that major 
decisions regarding resource allocation and resource management 
may be reached without sufficient input by northerners and 
sufficient consideration of the consequences for northern 
interest groups. While 1 accept that Cabinet ministers are 
empowered to make such decisions, 1 am convinced that northerners 
expect them to do so only when they have been armed with the best 
possible factual information and the strongest possible expression 
of northerners' priorities. The Ministry of Natural Resources' 
land use guidelines are intended to establish a resource 
allocation pattern as a spatial framework for more detailed 
resource management planning and ultimately for implementation of 
management plans. I am concerned that the Minister of Natural 
Resources ' Insistence on his prerogatives to make decisions about 



Community Planning 



10-24 
resource allocation outside the reach of any formal planning 
process could interrupt the continuum between the land use 
planning and the resource management planning, so that resource 
management plans asserting priorities for a particular use could 
be devised and implemented without serious consideration of the 
possibility that other use priorities might make greater sense to 
northerners. I believe that the continuum must be re-established 
through application of the Environmental Assessment Act at appro- 
priate stages in the Ministry's planning system in order to ensure 
that the Act's provisions regarding investigation of alternatives 
to a proposed undertaking are applied to resource management plans 
before they are implemented, as I have already recommended. I also 
conclude that the Ministry of the Environment and the Ministry of 
Natural Resources must devise and publish a comprehensive and 
detailed strategy for applying the Act to the latter 's planning 
system and its resource allocation and resource management 
activities. 

The future of the Reed tract raised issues leading to the 
creation of the Commission and remains a source of concern and 
uncertainty to northerners. I have concluded, for reasons 
detailed elsewhere in Chapter 5, that the Memorandum of Agreement 
regarding the allocation of this tract to large-scale timber 
harvesting can now be rescinded. To do so would strengthen the 
opportunities for northern interest groups to advance their own 
priorities for the area in a prospective manner. 

In reaching that conclusion, I must point out that I see 
nothing intrinsically "wrong" about allocation of this tract 
wholly or in part to a large pulp and paper company. That may 
indeed turn out to be a beneficial future for the tract, but it 
should be regarded for now as but one of several alternatives. 

The Ministry of Natural Resources ' policies and intents 
regarding the priority that it accords to timber harvesting are 
manifest in the pattern of forest management units that it has 
demarcated across the province wherever potential for commercial 
timber production is known or considered to exist and within which 
it may allocate rights to harvest timber through licences and 
agreements. Two kinds of units exist. Company management 
units are areas for which large, integrated pulp and paper 
companies hold Order-in-Council licences or forest management 
agreements conferring on them long-term rights to harvest timber 
for their own mills according to mutually agreed-upon management 
plans. In the case of Crown management units, which are of 
greater concern in this development and planning strategy, the 
Ministry may allocate the timber supplies in all or part of a unit 
to independent sawmillers and other operators through shorter-terra 
licences and volume agreements. 

The Crown management units that the Ministry has demarcated 
extensively across the southern part of Ontario north of 50 
consist in the main of timber stands that have not been allocated 
or exploited. Two of these, the Berens River CMU and the Lake St. 
Joseph CMU, occupy the southern part of the Reed tract, while 
others, to the east, extend as far north as the Albany River. 

The very existence of these units signals to northerners and 
the industry an at least tentative intention on the Ministry's 
part to eventually assign to them a priority for commercial timber 
harvesting should market and alternative timber supply 

Community Planning 



10-25 



considerations so dictate. But here again, as with the Reed 
tract, commercial timber harvesting is only one of several 
alternatives that northerners and others might wish to evaluate. 
The Ministry should remove from designation all unallocated and 
unexploited Crown management units in the original Reed area and 
elsewhere north of the forest access road network in Ontario north 
of 50. 

Assertion of Native Communities' Rights of Access 
to Hinterland Resources 

The hinterland of a native community comprises the territory 
on which the community has traditionally relied for survival and 
jignificant income. The maps in The Kayahna Region Land Use and 
Occupancy Study show the expected land use pattern. Trapping, 
hunting, fishing and other resource-using activities are pursued 
most intensively near the communities and with decreasing intens- 
ity towards the peripheries of the hinterlands. Thus defined to 
include their least utilized portions, the hinterlands of adjacent 
communities are seen to coalesce and together occupy a large area 
in northwestern Ontario. 

Native people told the Commission on countless occasions of 
their fears that timber harvesting and other intrusive develop- 
ments would compromise their rights of access to their hinterlands 
for trapping, fishing and hunting and could bring about disastrous 
disruption of wildlife and fish habitat. While these fears may 
seem somewhat exaggerated, they are founded on experience. 

As the Fort Hope study and other evidence demonstrated, 
continuing access by the native communities to natural resources 
in their hinterlands is a precondition for their growth and 
development, and perhaps even their survival. The hinterlands can 
contribute in a number of ways: by producing commodities for 
local consumption to offset the high costs of imported 
alternatives, by yielding products for sale in processed or raw 
forms to outside markets, and by offering the wilderness values 
and biological resources that can attract growing numbers of 
tourists and recreationists for whom local native people can 
provide goods and services. 

Elsewhere in this report, I have made recommendations to 
ensure that northern native communities will be able to secure 
an even greater flow of benefits from use of their hinterland 
resources than they have in the past. To summarize them briefly, 
I have proposed that the existing reserves be enlarged by 
alienation from Crown lands to a size sufficient to encompass the 
resources on which the communities most intensively rely and that 
settlements now lacking reserves be provided with adequate ones. 
I have further proposed the delineation of larger community-use 
areas comprising those lands and waters currently sustaining the 
community through trapping, hunting, fishing and wilderness 
tourism, or required to do so in the future. 

While I am recommending that native people be accorded a much 
higher priority in the development and use of resources in the 
hinterland community-use areas, I am not proposing that they 
should be granted sole rights of access to them. To do so would 
be inequitable and, moreover, could stifle development of the 

Community Planning 



10-26 



north for the benefit of all northerners and affected outside 
interests. Instead, I have made recommendations that would ensure 
that no outside development proposal significantly affecting a 
community or its community-use area could be implemented without 
prior consultation with the community. I have recommended the 
creation of a Northern Development Authority as an independent and 
neutral body empowered to facilitate negotiations between the 
affected community and a proponent, with a view to securing agree- 
ment on terms and conditions that would enhance benefits to the 
community. Such terms and conditions could include stipulations 
regarding on-the-job training, employment, environmental 
protection, and the proponent's other obligations to foster 
community development as a good corporate citizen. They could 
also set out the community's obligations to the proponent. 

But if native communities are to benefit as fully as 
they could from their own resource-based activities in their 
hinterlands and to participate to the greatest possible extent in 
the non-native enterprises that may be established there, they 
will have to extend their community planning to encompass the 
hinterlands. Native communities must determine and clearly 
articulate their own values, priorities, goals, and objectives 
before they can gain a clear understanding of the most 
economically-productive relationship between their communities and 
the natural environments surrounding them, before they can put 
forward their own positive hinterland plans as an alternative to 
the Ministry of Natural Resources' land use guidelines, and before 
they can negotiate favorable terras and conditions with outside 
developers under the aegis of the proposed Northern Development 
Authority. 

Strengthening Planning by Northern 
Native Communities 

The story of governments' efforts to foster the social and 
economic well-being of northern native communities has been 
largely one of millions of dollars being spent on a multitude of 
well-intentioned but mainly ill-conceived, abysmally coordinated, 
short-lived, and ultimately ineffectual development and assistance 
programs, too often out of control and running amok. The evident 
failure of these efforts to generate substantial benefits has 
become a source of frustration to both the agencies delivering 
programs and the intended beneficiaries. And the demonstrated 
willingness of governments to support community projects and 
native enterprises that have little chance of success and to 
respond to employment crises with short-term, make-work programs 
that have no lasting effects has fostered an expectation that 
government agencies will remain the source of inexhaustible funds, 
tappable with minimal requirements for financial and performance 
accountability. Although some successes have been attained, for 
example in tourism development, they are few and far between. 

While the Commission could substantiate this conclusion by 
presenting a litany of programs gone awry through lack of proper 
planning, coordination, and performance evaluation, no useful 
purpose would be served by doing so. Instead, it prefers to focus 



Community Planning 



10-27 



attention on the prerequisites for better planning and program 
coordination in the future. 

Government agencies are well aware that coordination of their 
programs must be improved and they have taken constructive steps 
to do so. However, while better coordination is essential, it 
cannot by itself resolve the development problems confronting 
northern native communities. Beyond this, governments must now 
tackle the even more formidable task of devising coherent sets of 
policies and objectives regarding the future development of native 
communities in Ontario's far north. But policy formulation and 
objective setting are not activities that governments can 
accomplish satisfactorily in isolation from their clients. 
Instead they are activities that demand sustained input by native 
agencies and communities over a considerable time span. 
Comprehensive planning by northern communities can contribute 
centrally to the derivation of mutually acceptable policies that 
provide a coherent and consistent rationale for the identification 
of program needs and the coordination and delivery of programs and 
to the involvement of native people in charting their own 
conmunities' futures. 

Native communities in Ontario were made more fully aware of 
the concepts of community planning in 1980, when the Ontario 
Region of the Department of Indian Affairs and Northern 
Development initiated its Comprehensive Community Planning 
process. This planning, as outlined in DlAND's Comprehensive 
Community Planning and Development Strategy Paper of 1983, 
embodies some innovative and progressive principles that boded 
well to secure for native communities greater involvement in their 
own planning than they had ever had before. The document outlines 
a team planning approach that provides opportunities for the 
bands, DIAND, and other agencies to work in an effective way 
towards identifying and achieving the bands' goals and 
aspirations, while considering each participating band as the 
primary actor. According to the document, a comprehensive 
community plan must cover a broad range of fields, including 
physical, economic, socio-cultural , site, environmental and 
recreational planning, and it must present an implementation 
strategy. DlAND's report enumerates the expected benefits from 
the planning: improved program delivery and services, improved 
departmental operations, promotion of leadership development at 
the local level, the transfer of skills to the communities, the 
growing awareness in the communities of strengths, weaknesses and 
opportunities, and the development of Indian self-determination 
and self-sufficiency. DIAND has taken on the role of coordinating 
the input of other federal government departments to the planning 
and development process and sees planning as a route towards 
improving the access of communities to provincial government 
services. 

Unfortunately, in the case of the far northern native 
settlements at least, the performance of DlAND's comprehensive 
community planning has not matched its initial promise. As 
recently as a year ago, the planning had not even been initiated 
for most reserves, although work was under way in some. Other 
agencies had completed planning-related studies, most of them 



Community Planning 



10-28 



focusing on capital development planning and physical 
infrastructure without necessarily ascertaining the real needs and 
priorities of the communities themselves or their relationships 
with their hinterlands. Some of the community planning actually 
in progress and almost all of the ancillary work by other agencies 
had been carried out by consultants. Moreover, the Commission has 
also learned that DIAND's Planning and Review Unit has been 
encountering staffing problems, cut-backs in funding, and 
difficulties in establishing an effective working interface with 
provincial ministries and some other federal government 
departments. 

UIAND's comprehensive community planning is also encountering 
resistance from at least some of its intended clients. The Fort 
Hope report was skeptical about the likelihood that the planning 
program being mounted by the department for native communities in 
the north would prove any better fitted than earlier economic, 
social, and community development programs to bring about any 
significant improvement in their lot. It said: "... As the 
1970' s ended and the '80's began, DIAND (perhaps in desperation) 
began promoting and pushing 'planning' on the Bands .... 
'Planning' will be as ineffective as all the rest of the 
'development' since the I960' s for it bears the unmistakable 
characteristics of all the rest: 

(i) it was DIAND's idea and they drew up the Terms 
of Reference .... 

(ii) it is underfunded; 

(Hi) it is done by urban-based, urban- bias ed , 
outside consultants .... ; and 

(iv) the length of time actually spent in the 
community is incredibly small - the plans and 
reports are all done somewhere else," 

The Commission's own experience with its project at Fort Hope 
is clearly relevant to the planning that the Department of Indian 
Affairs and Northern Development has initiated in the far northern 
settlements. The Fort Hope study was conducted by Fort Hopians 
themselves with outside support but no outside interference over a 
period of more than three years. The study has made an 
indispensable contribution to the community's awareness of its 
circumstances, to its ability to identify needs and opportunities, 
and to the emergence of a consensus on its directions for the 
future. The study constituted the first stage of its community 
planning and is a prerequisite for success in all later stages, on 
which it is now ready to embark. DIAND's planning elements - 
physical planning, economic planning, socio-cultural planning, and 
all the rest - make little sense unless based on the kind of 
consensus-building that Fort Hopians have been able to accomplish 
through their own study. 

The Commission supported the Fort Hope study by funding it 
and by providing for the services of an experienced and dedicated 
northern professional who became accepted by the community and was 



Community Planning 



10-29 



willing to contribute to community consensus-building over the 
duration of the project. The key ingredients for success in the 
Fort Hope study - adequate funds (without strings), appropriate 
expertise, and sufficient time - seem unlikely to be attainable by 
DIAND's comprehensive community planning as now constituted, with 
its small district staff and heavy reliance on shorter-term 
assignments of work to consultants, most of whom lack the right 
kind of northern experiences. 

A compelling case can be made for a much more catalytic and 
central contribution by the Ontario Government to the planning 
efforts of northern native communities. Status Indian people may 
be "wards" of the federal Government, but they are also citizens 
of the province who have suffered from both benign paternalism and 
abject neglect and deserve all the suport that they can get. 
Also ignored have been Metis and non-status natives, who have been 
less shielded by the federal Government's "protective" umbrella. 
However, investment in the future of northern native people has to 
do with much more than giving charity to the underpriviledged or 
the righting of historic wrongs, and its benefits extend far 
beyond reducing the provincial Government's welfare bill. The 
Ontario Government's support of native development initiatives 
that are the product of consensus-building within a community 
planning process that native people control would be an indispen- 
sable contribution to native self-sufficiency and self-reliance. 
Self-sufficient and self-reliant people can be only an asset to 
society as a whole. 

The results of the research at Fort Hope constituted the 
necessary first step in comprehensive planning there and laid the 
foundation for its later stages. That research concentrated on 
the settlement itself rather than on the settlement's hinterland. 
On the other hand, Kayahna's land use and occupancy studies 
focused on establishing its communities' territorial spheres of 
influence by exploring the functional relationships between 
communities and their hinterlands, and thus set the stage for 
fuller documentation of the contribution of the hinterlands to 
subsistence and economic activities and eventually for the deri- 
vation of land use plans. The fundamentally different research 
objectives and approaches that evolved in Fort Hope and Kayahna 
may well serve as general models for similar work in other native 
communities; however, each community must be encouraged to design 
its own research objectives and approaches in accordance with its 
own circumstances and consistent with its own aspirations. 

Settlement-oriented and hinterland-oriented approaches 
complement each other and could be integrated to produce a 
powerful foundation for further planning and eventually, through 
planning, a clear statement of development priorities. By 
sponsoring adoption of these two research approaches in other 
native communities, the provincial Government could build on work 
already shown by the Commission to be promising. DIAND's 
comprehensive community planning embodies principles to which the 
provincial Government could give its whole-hearted support were 
the planning initiatives to be made more responsive to 
communities' needs and the course of the planning itself to be 
left more firmly in communities' control. 



Community Planning 



10-30 



A great many ministries of the Ontario Government have a 
major potential contribution to make toward the success of 
comprehensive planning by northern native communities and the 
developments that may ensue. The Ministry of Natural Resources is 
an obvious key actor through its control over the allocation and 
management of Crown land resources; so, too, is the Ministry of 
the Environment, charged as it is with administering the 
Environmental Protection Act and the Environmental Assessment Act . 
The Ministry of Northern Affairs has a mandate to provide 
northerners with levels of service and access to the Government 
comparable with those available in the rest of the province. The 
Ministry of Tourism and Recreation has responsibilities that 
impinge on planning and development in the tourism sector. The 
Ministry of Community and Social Services delivers essential 
programs and services for native people both on and off reserves. 
The list is far from complete. 

Moreover, a surprising number of branches and committees 
within provincial government ministries are discharging responsi- 
bilities related to the formulation of provincial policies toward 
native people or the coordination and delivery of programs for 
them. Because ihost of this ongoing work is carried on behind the 
scenes, the public has had little inkling of its existence, let 
alone its substance. This must change. The Commission is con- 
vinced that the Government now adopt a more aggressive and visible 
policy on planning and development of the province's far northern 
native communities and their hinterlands. 

The Government of Ontario should reach agreement with the 
Government of Canada and northern native people on the scope, 
goals, operating principles, procedures and funding of long-term, 
coordinated federal- provincial planning for northern native 
communities. In so doing, it should seek to strengthen its 
contribution to the comprehensive community planning process 
alread embarked upon by the Department of Indian Affairs and 
Northern Development. 



Initiation of Sectoral Planning by Tourism 
and Other Interest Groups 

Implementation of the Commission's recommendations regarding 
the recognition and delineation of community-use areas would 
accord to native people priority rights of access to hinterland 
resources for development of their potentials for trapping, 
hunting, fishing, and other resource-dependent activities 
including wilderness tourism. Acquisition of these priority 
rights by native people over the area generally north of the 7th 



Community Planning 



10-31 



and Uth baselines and the Albany River would not exclude 
prospective non-native interests from gaining access to resources 
there, but their ability to do so would be contingent on the 
satisfactory outcome of consultation with the affected community 
or communities on the terms and conditions to be met. The 
community-use areas thus recognized would form the spatial 
framework within which the Commission's recommendations regarding 
comprehensive planning by native people for their communities and 
associated hinterlands would be implemented. The proposed 
planning would enable people in native communities to determine 
and specify their requirements for hinterland resources to support 
their commercial and subsistence activities and hence to engage in 
productive negotiation with prospective outside developers and 
interest groups. 

Sectoral interest groups - tourist operators, trappers, 
wilderness advocates, and others - have an obvious major stake in 
community-based planning and should place themselves in a position 
to participate in it and to influence its outcome. Each interest 
group can enhance its clout in doing so by organizing its 
individual members into associations for purposes of planning, 
setting objectives, seeking funds, and presenting a unified front 
in asserting its priorities when dealing with government agencies, 
communities, and competing groups. 

In the case of tourism, mainly non-native interests have 
already secured representation through the Northern Ontario 
Tourist Outfitters Association (NOTO) and its member groups and 
through the travel associations established for regions having 
such evocative names as Sunset Country, North of Superior, and 
James Bay Frontier. The recent initiatives made by some native 
tourist operators to establish their own associations in the 
Lowlands and on the Shield merit the encouragement and support 
that they are now being given by federal and provincial government 
agencies. Trappers in the southern part of Ontario north of 50 
have formed associations to safeguard and promote their interests; 
the Sioux Lookout Trappers Council pressed its case with particu- 
lar vigour at hearings of the Commission. Native trappers, too, 
are now contemplating the creation of associations of their own. 

The integrated planning strategy advocated by the Commission 
is designed to provide northern communities and interest groups 
with sufficient opportunities to determine and promote their own 
priorities in a manner that is constructive and not hampered by 
preconceptions that the course of northern development has already 
been set by outsiders. Once armed with a strong sense of their 
own objectives, northern communities and interest groups will be 
well equipped to participate forcefully and constructively in 
negotiations on tradeoffs that must inevitably take place. The 
Government of Ontario, and particularly the Ministry of Northern 
Affairs, could encourage and facilitate the formation of 
associations representing sectoral interests north of 50 and the 
initiation and conduct of sectoral planning by such associations. 

A major objective of sectoral planning by interest groups, in 
collaboration with government agencies, should be to delineate 
areas having strong natural resource potentials for particular 



Community Planning 



10-32 



uses and within which particular sectors would be accorded 
priority in the allocation and management of resources. 
Delineation of such resource management areas, as they could be 
termed, would represent a simple extension to other sectors of the 
principles underlying the provincial Government's designation of 
forest management units and agreement areas within which timber 
harvesting is accorded the highest priority and the interests of 
other users may be accommodated to a degree but are subordinate. 

The chapter on tourism in this report advocates the creation 
of tourism management areas to encompass lands and waters having 
particularly strong potentials for wilderness tourism and within 
which the priorities of tourism and activities compatible with it 
would be paramount, though not necessarily to the exclusion of 
timber harvesting and other resource-using activities where they 
could be carried on without compromising wilderness tourism 
objectives. The concept of tourism management areas is obviously 
less applicable to those road-accessible southwestern parts of 
Ontario north of 50 where irrevocable commitments to large-scale 
timber harvesting have already been made and where the main 
concerns of the tourism industry centre on the rehabilitation of 
deteriorating physical plant and the conversion of base and 
outpost camps into family resort operations. 

Application of the resource management area concept to areas 
not already deeply committed to other uses could be extended 
beyond wilderness tourism to trapping and other forest-dependent 
uses, but the Commission sees no particular need to do so at this 
time. Forest protection areas, as recommended, could play a 
related role. While wilderness tourism is apparently the sector 
offering the greatest prospects for generating income and 
employment over the greater part of Ontario north of 50, it should 
not conflict with trapping, hunting, or the cutting of timber for 
local construction and fuel. Although some curtailment of 
commercial fishing may be necessary in order to support tourist 
angling, this is unlikely a serious constraint given the weak 
long-terra outlook for this industry. 

The concept of the tourism management area can be fruitfully 
applied to the hinterlands of native communities, where high 
quality terrain, biological, cultural, historic and archaeological 
resources exist on a scale sufficient to support wilderness 
tourism. The delineation of such areas therefore calls for 
inventory and evaluation of the resource base to be carried out 
collaboratively by communities, prospective native tourism 
associations, and the Ministry of Natural Resources, which has the 
mandate to allocate natural resources and also the necessary 
technical expertise. 

The concept of tourism management areas is essentially a 
resource supply concept, to be implemented through this process of 
inventory and evaluation, much of which has already been carried 
out by the Ministry of Natural Resources. But, once established, 
tourism management areas can serve much broader purposes. 
Recognition by the Government of a tourism management area would 
signify Government's commitment to the preservation, allocation, 
management, and enhancement of the natural and cultural resources 



Community Planning 



10-33 



within it for the benefit of the wilderness tourism industry. 
Tourism management areas would constitute the framework within 
which planning for wilderness tourism development could take place 
and that would assure for the tourism industry that security of 
resource supply, information flow, and consistency in resource 
management decision making required by potential investors. Thus, 
implementation of the tourism management area concept could 
contribute crucially to the success of tourist enterprises and to 
their ability to generate sorely needed income and employment. 

While native communities and tourism associations have a 
central role to play in comprehensive tourism planning by 
providing its initial impetus and by identifying their own 
priorities, they cannot carry it out on their own. Comprehensive 
planning for the sector encompasses the jurisdictions and requires 
the expertise of both levels of government and several agencies. 
The allocation and management of most of the natural resource 
supply foundations of the tourism industry in the north is the 
mandated responsibility of the Ministry of Natural Resources. 
Responsibility for tourism development in Ontario rests with the 
Ministry of Tourism and Recreation. A host of other agencies are 
involved in the provision of infrastructure and funds for tourism 
development. The market for wilderness tourism in far northern 
Ontario needs to be more fully probed, and a marketing and 
promotion strategy devised. Given the large number of government 
agencies and private groups having significant and often 
conflicting interests in the tourism field, the Ministry of 
Northern Affairs could have particularly crucial leadership and 
coordinating roles to perform. 

Facilitating Coordination and Negotiation 

The Royal Commission on the Northern Environment advocates a 
northern-oriented planning system in which compehensive community 
planning, sectoral planning by northern interest groups, and 
planning and programming by government agencies interact with each 
other and reinforce each other. Implementation of the 
Commission's recommendations would help to ensure that each 
community and interest group is enabled to determine its own 
realistic priorities and to advance them in constructive 
negotiation with other interest groups and with the government 
agencies, including the Ministry of Natural Resources as a primary 
protagonist for outside interests as well as allocator and manager 
of Crown lands. The Commission sees the conduct of such 
negotiations as the only feasible basis for synthesis of a truly 
comprehensive plan for the north, expressing the common will of 
northerners and reconciling the diverging concerns of groups to 
the maximum possible extent. 

The required coordination and synthesis will not take place 
automatically. The federal and provincial Governments must devise 
and create mechanisms crafted to ensure that they do. Northern 
planning clearly needs a multipartite forum providing for 
negotiation between representatives of governments, communities, 
and interest groups and an administrative mechanism to coordinate 
funding, information flows, the provision of expert advice, 
program delivery, and other essential inputs and to monitor 



Community Planning 



10-34 



progress. The Department of Indian Affairs and Northern 
Development is an obvious participant, as it already has mandated 
responsibilities for coordinating federal government departments' 
activities impinging on Indian people. The Ministry of Northern 
Affairs should accept the corresponding role on the part of the 
many provincial government agencies having responsibilities that 
impact on northern planning and development. The question of how 
northern native people can best represent themselves on planning 
and negotiation matters is one to be addressed by native people 
themselves. I can do no more than observe that too much political 
rhetoric in the process vd.ll surely wreck it and that the native 
communities themselves, which have a particularly great stake in 
the outcome, must be accorded clear channels of access to whatever 
negotiation forum and administrative mechanism are established. 
The securing of an effective input to the process by sectoral 
interest groups would likely prove to be less difficult, provided 
that their individual members organize themselves into 
associations that can negotiate with a strong collective voice. 

The Commission has examined the potential of a Northern 
Development Authority, recommended elsewhere in this report, as a 
body designed primarily to facilitate negotiation of development 
agreements between communities and project proponents, to take on 
the additional functions of becoming a focus for coordinating 
northern planning and providing a forum for the resolution of 
differences between participants. This is an issue on which the 
Commission finds itself unable to make a clear recommendation. 
While the Commission has recommended that the Northern Development 
Authority be given the small investigative capability that it 
needs in order to back up the negotiation of development 
agreements, it hesitates to saddle it with the additional planning 
functions required to keep northern planning on course. On the 
other hand, the Commission does not want implementation of its 
recommendations to proliferate new bureaucratic structures 
designed to meet the needs of the only 30,000 people living in 
Ontario north of 50. The Commission concludes that the provincial 
Government can best address the issue. 



Community Planning 



RECOMMENDATIONS 

The Need For Institutional Change 

2.1 Recommendation: 

That a Northern Development Authority be established by 
special legislation as an independent agency, reporting to 
the Legislature, through the Minister of Northern Affairs. 

2.2 Recommendation: 

That the Northern Development Authority be empowered to 
negotiate resource use agreements with developers proposing 
to develop northern resources. 

2.3 Recommendation: 

That resource use agreements be preconditions to proposed 
resource developments considered to be significant by the 
Northern Development Authority. 

2.4 Recommendation: 

That if the Northern Development Authority and a developer 
cannot agree on the terms and conditions of a resource use 
agreement, then the parties may request the Minister of 
Northern Affairs to resolve such conflicts in whatever 
manner the Minister may deem appropriate. 

2.5 Recommendation: 

That the Northern Development Authority be administered by 
three directors, to be named by the Cabinet with the 
consent of the Legislature, for seven-year terms; that one 
of the directors be selected from a list of candidates 
proposed by municipalities and towns north of 50; that one 
director be selected from a list of candidates proposed by 
Indian communities in the north; and that one director, 
who must be a resident of Ontario near or north of 50, be 
selected by Cabinet; that one director be appointed' as 
initial managing director of the Authority for a two-year 
term; and that subsequently, the three directors be 
empowered to decide amongst themselves who should 
subsequently serve as managing director for a similar 
term. 



2.6 Recommendation: 

That the Northern Development Authority be empowered to 
monitor compliance with resource use agreements and have 
the legal capacity to enforce such agreements. 



Recommendations 



R-2 

2.7 Recommendation: 

That the Northern Development Authority be empowered and 
funded to permit it to carry out activities and implement 
programs which are of direct and immediate value to its 
principal function of determining the appropriate content 
of resource use agreements, as well as negotiating, imple- 
menting, monitoring and enforcing such agreements; that 
among such activities be the coordination of all related 
regulatory approvals, the design and implementation of 
occupational and business training programs, the operation 
of an information centre on government economic development 
programs, and the acting as co-proponent of undertakings 
north of 50 for purposes of assessment under the 
Environmental Assessment Act. 



Protecting the Northern Environment 

3.1. Recommendation: 

That for purposes of environmental assessment under the 
Environmental Assessment Act of undertakings on Crown land, 
the Government of Ontario, through the ministry or 
ministeries most involved in the management or regulation 
of the resource or activity concerned, be the proponent or 
co-proponent of such undertakings; and that the Northern 
Development Authority be a co-proponent for all 
undertakings north of 50 for which a resource use agreement 
has been negotiated. 

3.2. Recommendation: 

That the Government of Ontario develop and introduce 
procedures for identifying proponents at the earliest 
possible stage of the environmental assessment process 
under the Environmental Assessment Act . 

3.3 Recommendation: 

That the Minister of the Environment be empowered to 
designate proponents for undertakings subject to the 
Environment Assessment Act . 

3.4 Recommendation: 

That the Environmental Assessment Act be amended to require 
pre-submission consultation by the proponent, government 
and interested parties; that procedures for pre-submission 
consultation continue to be established through the 
publication of guidelines by the Ministry of Environment. 



Recommendations 



R-3 

3.5 Recommendation: 

That the Environmental Assessment Act and Section 5(3) 
thereof be amended to require that the environmental 
assessment document also contain a description of pre — 
submission consultation which indicates who was involved 
and what matters were discussed. 

3.6 Recommendation: 

That the Government of Ontario develop specific and 
quantifiable ecological factors for use in the assessment 
process under the Environmental Assessment Act . 

3.7 Recommendation: 

That the Environmental Assessment Board develop guidelines 
to assist its determination of who has standing before the 
Board; and that such guidelines provide that standing 
shall be granted to any native community which may be 
concerned about any effects of an undertaking. 

3.8 Recommendation: 

That the public record maintained by the Ministry of the 
Environment for undertakings subject to environmental 
assessment include any report or study relied on by the 
proponent or by any Government agency reviewing the 
environmental assessment. 

3.9 Recommendation: 

That copies of the public record be maintained by the 
Ministry of the Environment for proposed undertakings north 
of 50 at the Northern Development Authority and at affected 
northern communities in Band offices. 

3.10 Recommendation: 

That for every undertaking subject to the Environmental 
Assessment Act , the Ministry of the Environment prepare a 
concise summary or screening document that describes the 
proposed undertaking, sets out the schedule contemplated 
for its completion, identifies a proponent of the 
undertaking, provides a preliminary evaluation of potential 
environmental effects and contains a copy of any guidelines 
for preparing the environmental assessment document issued 
by the Ministry. 



Recommendations 



R-4 

3.11 Recommendation: 

That the public have access to any record maintained by the 
Minister of the Environment under the Environmental 
Assessment Act with respect to a proposed undertaking from 
the time the screening document is released 

3.12 Recommendation: 

That the requirements for public notice under the 
Environmental Assessment Act be expanded to provide for 
earlier and more extensive dissemination of information to 
the public about proposed under takings by: 

(a) immediate and widespread public notice and 
dissemination of the screening document by the 
Ministry of the Environment when all informa- 
tion required for the document is available. 

(b) similar public notice by the Ministry of the 
receipt of the completion of an environmental 
assessment document indicating how interested 
persons may have access to the document and how 
submissions commenting on the document may be 
made in order to be included in the 
Government's review of the environmental 
assessment document; and 

(c) similar public notice by the Ministry of 
completion of the Government's review of the 
environmental assessment document, including 
how interested persons may request a hearing. 

3.13 Recommendation: 

That wide-spread public notice by advertisement and mail- 
ing be given of any decision to hold a hearing by the 
Environmental Assessment Board; that such notice not be 
restricted to notification of previously identified 
persons; and that a minimum of 60 days notice be given of 
any hearing involving an undertaking north of 50. 

3.14 Recommendation: 

That public notice under the Environmental Assessment Act 
involving undertakings that either the Ministry of the 
Environment or the Northern Development Authority consider 
to be of interest to northern communities be made in the 
appropriate native language and provided to potentially 
interested local governments, Band Councils and northern 
residents; and that all such notice indicate what further 
notices, if any, will be given. 



Recommendations 



R-5 



3.15 Recommendation: 

That the Ministry of the Environment's publication, "EA 
Update", include all requirements for public notice, both 
in general and with respect to particular assessments; and 
that "EA Update" be distributed in a timely manner to all 
northern communities. 

3.16 Recommendation: 

That the Environmental Assessment Act be amended to specify 
that the environmental assessment document contains a full 
report on all public response or consultation in which the 
proponent was involved while planning and designing the 
undertaking and preparing the assessment. 

3.17 Recommendation: 

That all class assessments under the Environmental 



Assessment Act effecting areas north of 50 contain a 
"bump-up" provision to ensure that environmentally 
significant undertakings within the class are subject to 
individual assessment. 

3.18 Recommendation: 

That each "bump-up" provision in a class assessment under 
the Environmental Assessment Act indicate the circumstances 
in which the "bump-up" is to occur - e.g., by request of 
affected persons, by identification of resource-use 
conflicts, and by criteria such as unique ecological 
factors which call for individual assessment. 



3.19 Recommendation: 

That north of 50, funding for public participation in the 
environmental assessment process be mandatory under the 
Environmental Assessment Act ; and that a special fund be 
established on an experimental basis to fund participants 
in the environmental assessment process to which proponents 
and government ministries or agencies contribute, as may be 
required by the Minister of the Environment. 



3.20 Recommendation: 

That funding for public participation in the environmental 
assessment process be provided to groups or individuals 
with a relevant interest in the matter, to the extent that 
financial assistance is needed to ensure adequate partici- 
pation and the presentation of all relevant views. 



Recommendations 



R-6 

3.21 Recommendation: 

That the public participation fund be administered by an 
"arms-length" body (see Recommendation 3.24). 

3.22 Recommendation: 

That, with the assistance of interested persons, criteria 
be developed to guide decisions on allocating funds to 
persons for participation in the environmental assessment 
process under the Environmental Assessment Act ; that these 
criteria give special consideration to the needs of 
northern residents and to others with needs arising from 
the nature of their interests or their place of residence; 
and that these criteria also establish appropriate require- 
ments for accounting by recipients of funds received for 
participation. 

3.23 Recommendation: 

That, a list of approved uses for funding of participation 
in the environmental assessment process be developed by an 
"arms-length" body and include funding for written sub- 
missions on the environmental assessment document, expert 
assistance in preparing submissions, research, expert 
witnesses, legal counsel, translation and communications. 

3.24 Recommendation: 

That the Environmental Assessment Advisory Committee be 
directed by the Minister of the Environment to advise, 
following a thorough investigation involving full public 
participation, on the following matters: 

(1) all exemption and designation requests received by the 
Minister; 

(2) the Guidelines for Pre-Submission Consultation and the 
pre-submission consultation process; 

(3) class assessment procedures, including "bump-up" 
provisions; 

(4) procedures for early determination of the proponent; 

(5) criteria for funding public participation in the 
environmental assessment process (including the 
selection of applicants for funding) and account- 
ability for the use of the funds; and 

(6) procedures for resolving interprovincial and federal 
provincial conflicts. 



Recommendations 



R-7 

3.25 Recommendation: 

That the Environmental Assessment Advisory Committee 
administer the public participation fund as called for in 
Recommendation 3.19 and 3.21 and decide on applications for 
funding. 

3.26 Recommendation: 

That the Committee annually review and report on its 
activities and the state of environmental assessment in 
Ontario to the Legislature, through the Minister of the 
Environment. 

3.27 Recommendtion: 

That given the sensitivity of the environment and the 
unique circumstances of development in the north, the 
Ministry of the Environment designate all private 
undertakings which it finds to have significant 
environmental effects north of 50 for environmental 
assessment under the Environmental Assessment Act. 



3.28 Recommendation: 

That in the determination of the "significance" of the 
environmental effects of any undertaking by the Minister of 
the Environment, the unique environment of northern Ontario 
and its importance to the socio-economic health of its 
residents, be considered, as well as expressions of public 
concern and recommendations from the Environmental 
Assessment Advisory Committee and the proposed Northern 
Development Authority. 



3.29 Recommendation: 

That no further undertakings be exempted by the Minister of 
the Environment from the Environmental Assessment Act on 
the basis of historical criteria such as "grandfathering" 
or "advanced stage of planning" north of 50. 



3.30 Recommendation: 

That all aspects (including related infrastructure, such as 
access roads) of site-specific undertakings subject to 
assessment under the Environmental Assessment Act be 
covered by a single comprehensive environmental asessment. 



Recommendations 



R-8 



3.31 Recommendation: 

That the Minister of the Environment designate all private 
undertakings for environmental assessment where related 
public undertakings are subject to the Environmental 
Assessment Act. 



3.32 Recommendation: 

That the Environmental Assessment Advisory Committee after 
public consultation, develop guidelines and procedures for 
environmental assessments of undertakings with trans-border 
or interjurisdictional effects in order to lessen jurisdic- 
tional disputes. 

3.33 Recommendation: 

That the Government of Ontario become directly associated 
with international research efforts and undertake increased 
research into the effects of acid precipitation on the 
forests, game, waterfowl and wildlife of northern Ontario 
(particularly on all species believed to be affected by 
such precipitation). 

3.34 Recommendation: 

That fines levied on offenders of environmental legislation 
be increased to a maximum level greater than or equal to 
the costs of abatement, to the extent possible. 

3.35 Recommendation: 

That a large portion of the monies collected from environ- 
mental prosecution and fines be allocated to the local area 
impacted by the pollution, to be spent according to needs 
determined by local residents. 

3.36 Recommendation: 

That the Ministry of the Environment increase its 
environmental detection and enforcement staff, some of whom 
should specialize in the detecting and enforcement of 
particular pollutants and should not be tied to regional 
offices. 



Recommendations 



R-9 



3.37 Recommendation: 

That the Government of Ontario provide additional funding 
for scientific research to improve on the Ontario Water 
Management Objectives and allow for better documentation on 
the environmental effects of new and little known 
substances. 

3.38 Recommendation: 

That the Water Management Objectives be enacted as regula- 
tions and enable prosecution for violation of the 
regulations. 

3.39 Recommendation: 

That more funding be committed toward expansion of know- 
ledge and expertise in the field of abatement technology. 

3.40 Recommendation: 

That public and industry input into the decision-making 
process be increased in the EPA and OWRA especially at the 
stages of establishing environmental protection regula- 
tions, (e.g., standard-setting) and developing project- 
specific abatement requirements (e.g., control order 
process) . 

3.41 Recommendation: 

That, to assure the payment of compensation in cases where 
environmental damage results in loss of health or socio- 
economic opportunities for local residents, it is recom- 
mended that: 

(1) clear jurisdictional responsibilities be established 
between the federal and provincial Governments 
regarding Indian claimants; 

(2) funds be made available to those members of the public 
requiring financial assistance where legal action is 
required to obtain or recover compensation payments 
due as a result of environmental damage; 

(3) the provincial and federal Governments confer on 
quantitative and qualitative methods for determining 
the financial equivalent of damage caused to the 
physical, social and economic environment as a result 
of violations of environmental legislation and 
regulation; 



Recommendations 



R-10 



(4) enforceable regulations be established to determine 
the time frame in which a violator is obligated to 
pay the compensation in full. 



The Indian People in the North of Ontario 

4.1 Recommendation 



4.2 



That the Government 
Government that the 



of Ontario recommend to the federal 
Indian Act be amended to give full 



status as legal persons to band councils and bands. 

Recommendation: 

That the Government of Ontario grant Crown land to Indian 
communities located north of 50, pursuant to procedures 
outlined in Recommendation 4.3. 



4.3 Recommendation: 

That the Government of Ontario appoint a Northern Land 
Commissioner under the Public Inquiries Act to identify and 
report to the Government on Crown lands to be granted to 
and for the use, benefit and eventual ownership of Indian 
communities north of 50 for the settlement of; these 
communities, their present and future residents, and the 
surrounding environment. 

4.4 Recommendation: 

That the Northern Land Commissioner, in identifying and 
recommending Crown land for grant to northern Indian 
communities, consider: 

- the adequacy of existing reserves for community needs; 

- current and future populations; 

present and future community requirements for food 
gathering, housing, community facilities, water 
supply, energy, fuel, building materials, 
transportation and communications: 

- existing surface and subsurface rights; 

- the needs of existing, contemplated or likely local 
businesses or economic development projects; 

- the views of the Indian community affected; 

- the need for buffer zones to shelter the community 
from adjacent resource development impacts. 



Recommendations 



R-11 



4.5 Recommendation: 

That on receipt by the Government of Ontario of the report 
of the Northern Land Commissioner, the Government of 
Ontario unconditionally grant all rights in the lands 
identified by the Commissioner to the Government of Canada 
in trust for the use, benefit and eventual ownership of the 
indicated Indian communities; and that after such grants 
have been made, the Government of Ontario be prepared to 
negotiate the unconditional granting of additional or 
alternative land if and when petitioned by representatives 
of northern Indian communities. 

4.6 Recommendation: 

That all income earned by residents and businesses living 
or located on land granted by the Government of Ontario to 
Indian communities in the north be exempt from taxation 
until such time as the federal and provincial Governments 
agree, after consultation with affected Indian communities, 
that taxation if imposed would not discourage or lessen 
business or other economic development activities. 

4.7 Recommendation: 

That the Government of Ontario introduce legislation to 
require that those persons undertaking prospecting or 
mineral exploration on lands occupied by Indian communities 
give reasonable advance notice to the communities affected 
of the nature and timing of such activities. 

4.8 Recommendation: 

That the Ministry of Natural Resources train and employ 
Indian Conservation Officers. 

4.9 Recommendation: 

That the Ministry of Natural Resources establish special 
committees to advise the Ministry on research, planning and 
resource management matters as these pertain to Indian 
communities; and that Indian Conservation Officers be 
among the persons named to such committees. 

4.10 Recommendation: 

That the Government of Ontario designate community use 
areas in the province north of 50 in which hunting, fishing 
and trapping by Indian persons would have priority over 
other resource users, subject to Recommendation 4.11 to 
4.14. 



Recommendations 



R-12 



4.11 Recommendation: 

That the Government of Ontario establish procedures for 
designation of community use areas by the Ministry of 
Natural Resources; that such procedures be activated by an 
application by an Indian community located north of 50 and 
that the Ministry designate the Community Use Area as 
applied for within 90 days of the application if it has 
received evidence of the community's reliance on the area 
for hunting, fishing and trapping. 

4.12 Recommendation: 

That the Ministry of Natural Resources exclude from any 
area designated as a community use area any existing rights 
of use of occupancy and make provision for easements to 
permit public access along water ways and reasonable public 
recreational and tourism uses which are not likely to 
impinge on fishing, hunting and trapping by members of the 
Indian community for whom the designation of a community 
use area was made. 

4.13 Recommendation: 

That the Ministry name an independent scientist acceptable 
to affected Indian communities whose decisions on the 
appropriateness of any restriction on levels of hunting, 
fishing or trapping would be binding on all parties. 

4.14 Recommendation: 

That in the event of any resource use other than fishing, 
hunting and trapping by the affected Indian community and 
its residents being proposed for a designated reource use 
area, that a precondition of such use be the negotiation of 
a resource-use agreement between the developer and the 
Northern Development Authority. 

4.15 Recommendation: 

That elected school boards be established in each Indian 
community to be responsible for the administration and 
delivery of educational services at the local level. 

4.16 Recommendation: 

That the Indian community school boards, in conjunction 
with the Ministry of Education and native parents, 
establish a special curriculum for community schools which 
is on a par with provincial standards but which also 
accommodates the traditional culture. 



Recommendations 



R-13 



4.17 Recommendation: 

That Indian Community school boards and the Ministry of 
Education recruit teachers from qualified members of the 
community. 

4.18 Recommendation: 

That Indian community school boards in northern communites 
provide Grade 9 and 10 within the community. 

4.19 Recommendation: 

That the Province of Ontario move immediately to approve 
the construction of a first-class high school with techni- 
cal and vocational options at a remote location selected by 
representatives of Indian community school boards. 



The Northern Forest 

5.1 Recommendation: 

That the Ministry of Natural Resources be required by law 
to establish and maintainan up-to-date Forest Resources 
Inventory and that this Inventory contain accurate 
information on timber volume and regeneration capability of 
the province's forests including timber volumes on already 
cut and regenerated areas. 

5.2 Recommendation: 

That the Crown Timber Act be amended to provide that forest 
product companies be strictly liable for wasting wood in 
forest areas allocated to them for cutting and subject to 
fines equal to the value at the mill of wasted timber; 
that the AAC be calculated in volumes of timber rather than 
in area of forest; that licencees be required to account 
for the volume of timber cut and used and the volume left; 
that the sturapage fees paid to the Government of Ontario by 
licenceesbe reduced for hardwoods, balsam, insect-damaged 
and dead timber to levels that will encourage the use of 
such timber. 

5.3 Recommendation: 

That the annual allowable cut be adjusted over the next 
decade, beginning in 1986, to reflect the actual timber 
supply in Ontario's forest. 



Recommendation 



R-14 



5.4 Recommendation: 

That the rehabilitation of the backlog of cut-over forest 
land not sufficiently regenerated occur over a 20 year 
period; that these efforts be concentrated first on forest 
lands that are most likely to sustain regrowth and are 
closest to existing mill sites and second on forest lands 
around communities in which the principal employer is the 
forest products industry. 

5.5 Recommendtion: 



' That the Government of Ontario freeze mill capacity until 

t wood supply under sustained yield management permits 

expansion. 

I 5.6 Recommendation: 

I 

That the Reed Agreement should be repudiated by the 
Government of Ontario and no part of the tract should be 
licenced for cutting until Recommendations 5.9 and 5.27 of 
. this report are implemented. 

5.7 Recommendation: 

That until the claims of White Dog and Grassy Narrows are 
settled, the Government of Ontario not grant any cutting 
rights in forest lands outside existing company management 
units to Great Lakes or any subsequent owner of the Dryden 
mill complex. 

5.8 Recommendation: 

That the Ministry of Natural Resources bring all company 
management units under forest management agreements by 
December 31, 1968. 

5.9 Recommendation: 

That sustained yield be imposed by law as an essential 
aspect of all forest management in Ontario. 

5.10 Recommendation: 

That the Ministry of Natural Resources amend the objective 
set out in the preamble of forest management agreements so 
that it calls for the management of the forest area on a 
sustained yield basis -- the volume of wood that can be cut 
not to exceed the volume growing in that area — without 
reference to continuous supply, meeting market requirements 
or to mills. 



Recommendations 



R-15 



5.11 Recommeadatlon: 

That Che Ministry of Natural Resources begin, on an 
experimental basis, to allocate cutting rights through a 
public tender process. 

5.12 Recommendation: 

That "modified managment areas" as provided for by the 
standard forest management agreement be called "forest 
protection areas". 

5.13 Recommendation: 

That northern residents and communities be given the right 
to apply to the Minister of Natural Resources for 
designation of forest protection areas at any time, 
including in advance of the submission of the licensee's 
five-year plan or the signing of a forest management 
agreement. 

5.14 Recommendation: 

That the Minister of Natural Resources be empowered to 
impose such operating standards as the Minister deems 
necessary when authorizing the cutting of trees in forest 
protection areas. 

5.15 Recommendation: 

That if an objection to designation of a forest protection 
area is received, the Minister of Natural Resources be 
empowered to refer the matter to the Northern Development 
Authority; that this Authority be empowered to terminate 
or continue the designation of any forest protection area 
and to determine the conditions under which designation is 
or is not to occur. 

5.16 Recommendation: 

That the Ministry of Natural Resources prescribe the 
circumstances in which clear-cutting should not be used. 

5.17 Recommendation: 

That the Ministry formulate and issue on a regular basis 
"Standards for Cutting the Boreal Forest" which set out 
appropriate cutting methods . for representative forest 
areas. 



Recommendations 



R-16 



5.18 Recommendation: 

That, for forest areas in the Reed Tract and north of 
existing Crown and company management units, licensees be 
required to demonstrate that proposed uses of clear-cutting 
and related clear-cut configurations will not irreparably 
harm regeneration capabilities of affected sites, the 
ecology of adjacent waterways and the viability of other 
significant forest uses. 

5.19 Recommendation: 

That the Ministry of Natural Resources consider imposing 
the requirement that all cutting in environmentally sensi- 
tive areas and forest protection areas be contracted out to 
specialized cutting companies with demonstrated experience 
and expertise in environmentally acceptable tree cutting 
and removal. 

5.20 Recommendation: 

That the Ministry of Natural Resources consider providing 
incentives, training and accreditation programs to 
northern-based enterprises wishing to acquire the skills 
necessary to offer specialized cutting services. 

5.21 Recommendation: 

That undertakings in which particular cutting methods are 
proposed for use in the boreal forest be subject to assess- 
ment under the Environmental Assessment Act and that class 
assessments of such cutting method not be permitted until 
an information base on the environmental effects of cutting 
methods in representative boreal forest areas has been 
generated from actual environmental assessments. 

5.22 Recommendation: 

That the Northern Development Authority be empowered to 
require that a resource use agreement be a condition to 
commencement of construction of access roads, north of 50. 

5.23 Recommendation: 

That an independent Forest Audit Agency be established with 
powers, obligations and independence similar to those of 
the Provincial Auditor. 



Recommendations 



R-17 



5.24 Recommendation: 

That the Forest Audit Agency inspect, monitor, measure and 
report upon the conditions of the province's forest and all 
aspects of forest management; and that the Agency be 
headed by an Inspector of Forests whose appointment is 
subject to the approval of the Legislature and is for a 
term of years and level or remuneration that ensures 
independence. 

5.25 Recommendation: 

That the Inspector of Forest should report to the 
Legislature annually on the condition of Ontario's 
forests, the conduct of forest management, the success or 
failure of management techniques including regeneration and 
the performance of sustained yield and other obligations 
imposed by forest management agreements on forest product 
companies and the Ministry of Natural Resources. 

5.26 Recommendation: 

That the post of "Provincial Forester" be reestablished 
within the Ministry of Natural Resources. 

5.27 Recommendation: 

That the Ministry of Natural Resources take all necessary 
steps to ensure that seedlings with genetic qualities of 
faster growth and larger timber volume be planted on at 
least 80 percent of cut-over areas immediately after 
cutting or as soon as weather otherwise permits. 

5.28 Recommendation: 

That the Ministry of Natural Resources take whatever steps 
may be necessary to expand intensive forestry activities by 
the Ministry and licensees, such as thinning, spacing and 
fertilization, so that by 1990, all areas artificially 
seeded or planted are spaced and thinned at intervals of 
time acceptable to the Inspector of Forests. 



Minln 



S. 



6.1 Recommendati 



on; 



That the Government of Ontario recognize the full 
importance of the mining industry to its economy and the 
future welfare of Ontario by reinstituting the Ministry of 



Mines, 



Recommendations 



R-18 



6.2 Recommendation: 

That in order to advance the rate of mine exploration and 
development in the north of Ontario, the Ministry of Mines 
increase its geological and technical staff to undertake 
innovative research, mapping, geo-chemical testing, air- 
borne geophysics and diamond drilling. 

6.3 Recommendation: 

That the Ministry of Mines continue to support research on 
rock bursts and rock mechanics in coordination with similar 
research underway in other countries to improve the ability 
to predict unsafe rock conditions in mines and enhance safe 
ore recovery in mining incompetent rock structures. 

6.4 Recommendation: 

That the Ministry of Mines review the appropriateness of 
existing taxes imposed on the raining industry and recommend 
reforms which would encourage greater exploration and 
development in Ontario. 

6.5 Recommendation: 

That any new mining reduction mill or expansions of exist- 
ing mills must incorporate the latest proven pollution 
abatement technologies and techniques into the design of 
the milling process. 



Tourism 

7.1 Recommendation: 

That the Ontario Government formally adopt the policy that 
tourism be regarded as the priority commercial activity in 
Ontario north of 50, particularly north of the 7th and 11th 
baselines. 

7.2 Recommendation: 

That the Government of Ontario, and specifically the 
Ministry of Natural Resources, affirm a policy giving 
priority rights to residents north of 50 in the development 
of tourism facilities north of the 7th and 11 baselines, 
with a provision that Indians have first right of refusal 
for such developments for a period of at least five years. 



Recommendations 



R-19 



7.3 Recommendation: 

That the Government of Ontario implement a policy so that, 
following operation for three years on land use permit, 
tourist operators north of 50 be permitted to apply for a 
land patent from MNR based on proof of the operator's 
commitment to his/her business and its financial viability 
for the future. 

7.4 Recommendation: 

That the Government of Ontario adopt a policy of Tourist 
Management Areas and Agreements similar to those used for 
the forest industry, to allow for a more organized 
progressive and co-operative approach to tourism develop- 
ment north of 50. 

7.5 Recommendation: 

That the Ministry of Natural Resources take immediate steps 
to recognize the diversity of northern tourism operations 
by dividing and treating Ontario north of the 7th and 11th 
baselines into at least two separate and distinct Tourist 
Management Areas. 

7.6 Recommendation: 

That experienced professional staff available to the 
Ministry of Natural Resources be employed in the develop- 
ment and managment of all aspects of the TMA. It is 
important to ensure the TMA program is not pushed into an 
administrative "backwater" with inadequate professional 
resources. 

7.7 Recommendation: 

That public participation be treated as a vital component 
of any TMA decision-making process. 

7.8 Recommendation: 

That compensation be provided whenever private commercial 
tourism operations are adversely affected by other resource 
users . 



7.9 Recommendation: 

That responsibilities and obligations of private tourism 
developers as stipulated in land and water leases, 
permits, and agreements for the use of resources, be met. 



Recommendations 



R-20 



7.10 Recommendation: 

That a record of information be developed and maintained 
for each TMA to which the public will have ready access 
upon demand. 

7.11 Recommendation: 

That one or more regionally-organized North of 50 Tourism 
' Associations be established as quickly as possible to serve 

I northern tourism operators through a united voice directed 

at natural resource management policy, as well as to 
allocation and funding for various endeavours including 
j area and regional planning studies. 

' 7.12 Recommendation: 

That the Government of Ontario encourage these tourism 
1 associations by providing financial support in the design- 
ing, testing, implementing and marketing of tourism 
activities. 

7.13 Recomendation: 

That the Ministries of Natural Resources, Northern Affairs 
and Tourism and Recreation co-ordinate input and decision 
making regarding tourism policies and programs. 

7.14 Recommendation: 

That the Ministry of Tourism and Recreation seek to 
establish better communiction ties with federal ministries 
with the goal of eliminating duplication of tourism assis- 
tance programs in Ontario north of 50. 

7.15 Recommendation: 

That the Government of Ontario ensures the results of 
historic and archaeological research are transmitted to 
local residents at the earliest possible date and that 
artifacts are returned for display in the local area to the 
maximum degree consistent with their continued preserva- 
( tion. 

7.16 Recommendation: 

That the Government of Ontario begin an immediate and 
on-going assessment of the fisheries resource potential for 
the major lakes and rivers north of 50 with a view to 
allocating those resources on a sustained yield basis. 



Recommendations 



R-21 



7.17 Recommendation: 

That a provincial fish hatchery be established in the 
western portion of Ontario north of 50, preferably in the 
Ear Falls area where a modern community infrastructure is 
inplace, to raise sport fish for restocking depleted lakes 
and to raise new sport species for introduction into other 
northern lakes. 

7.18 Recommendation: 

That the Government of Ontario direct an in-depth 
biological study north of the 50th parallel on the moose, 
white-tailed deer and woodland caribou population with 
particular attention to predators and hunting to determine 
measures necessary to increase the numbers of white-tailed 
deer, moose and woodland caribou. 



Planning in the North 

8.1 Recommendation: 

That in any planning process in the north, Ministries and 
government agencies place a priority on two-way forms of 
public participation, particularly those which rely on 
dialogue between interest groups and individuals; that 
district and regional advisory committees be created with 
clear terms of reference and defined roles: and that 
native participation be encouraged and accommodated. 

8.2 Recommendation: 

That recommendations of all advisory groups (including the 
regional and district advisory committees and the existing 
Provincial Parks Council) be made public prior to Ministry 
or agency decisions. 

8.3 Recommendation: 

That the Ministry of Natural Resources continue and 
regularize its procedures for the dissemination of 
information, through, open house, mailings and public 
forums . 

8.4 Recommendation: 

That public participation procedures for planning processes 
be clearly outlined in a public document (e.g. for 
guidelines) . 



Recommendations 



R-22 



8.5 Recommendation: 

That the Ministry of Natural Resources publish the land use 
guidelines for the West Patricia and Geraldton Districts 
and, when available, for Moosonee District, at the same 
time making clear that all such documents represent the 
views of the Ministry and have no official status as the 
basis for implementation decisions by the Ministry. 

8.6 Recommendation: 

Given that section l(o) of the Environmental Assessment Act 
defines "undertaking" to include "...proposal, plan or 
program in respect of an enterprise...," and given the 
potentially significant environmental impacts of any 
enterprise involving resource development north of 50, that 
all proposals, plans and programs, including regional, 
district and management plans for use north of 50 (and all 
land use planning activities and regional, district, 
resource and forest management plans) be subject to the 
Environmental Assessment Act . 

8.7 Recommendation: 

That an active inter-ministry committee, involving the 
Ministry of Natural Resources and Ministry of the 
Environment, establish guidelines for the application of 
the Environmental Assessment Act to planning processes in 
the north; clearly defined procedures should be imple- 
mented for the assessment of plans. Alternatively, the 
Environmental Assessment Advisory Committee could undertake 
to develop guidelines or special procedures for the 
environmental assessment of proposals, plans and programs. 

8.8 Recommendation: 

That each Ministry and government agency involved in 
planning develop a single, specif ic legislative base, either 
by new legislation or by amendment to existing legislation 
for planning activities. 



Recommendations 



R-23 



Resource-Dependent Communities 

9.1 Recommendation: 

That the Government of Ontario establish a special fund 
administered by a board of persons representative of the 
north; that the fund be used for medical, educational, 
cultural and recreational purposes in communities north of 
50 at the discretion of this board; and that the fund be 
comprised for the first three years of 25 per cent of 
revenue collected by the Government of Ontario from mining 
and forest undertakings north of 50 in the form of under- 
ground mining taxes and stumpage fees and subsequently, 
such percentages as is fixed each year by the Provincial 
Cabinet. 

9.2 Recommendation: 

That the Ministry of North Affairs act as the coordinator 
and "one-stop" source of information and assistance for 
provincial and federal economic development programs, to 
include working closely with the Northen Development 
Authority to ensure maximum benefits to Northern residents. 

9.3 Recommendation: 

That the Ministry of Northern Affairs develop and maintain 
in each of their northern offices a current bank of data on 
the many Government and private sector agencies offering 
financial expertise and assistance in the establishment and 
financing of new enterprises. 



Recommendations 



APPENDICES 



ORDER IN COUNCIL 1900/77 



ORDER IN COUNCIL 2316/78 



ORDER IN COUNCIL 3679/81 



Appendix 1 



- 1 - 



ORDERS IN COUNCIL 



ORDER IN COUNCIL 1900/77 



Copy of an Order-in-Council approved by His Honour the 
Administrator of the Government of the Province of Ontario, dated 
the 13th day of July, A.D. 1977. 



The Committee of Council have had under consideration the 
report of the Honourable the Minister of the Environment, wherein 
he states that, 



Recognizing that major enterprises and related technologies 
in that part of Ontario that is north or generally north of the 
50th parallel of north latitude for the use of natural resources 
could have significant beneficial and adverse effects on the 
environment, as defined in Schedule A, for the people of Ontario 
and in particular those people of Ontario who live north of the 
50th parallel. 



Recognizing further that any such effects on the environment 
are hereby declared to be a matter of public concern. 



Recognizing further that the purpose of the Environmental 
Assessment Act, 1975 , is the betterment of the people of the whole 
oT any part of Ontario by providing for the protection, 
conservation and wise management in Ontario of the environment. 



The Honourable the Minister of the Environment recommends 
that the Honourable Mr. Justice Patrick Hartt, a Justice of the 
Supreme Court of Ontario, be appointed a commission pursuant to 
the provisions of the Public Inquiries Act, 1971 , effective the 
13th day of July, 1977: 



1. to inquire into any beneficial and adverse effects on the 
environment as defined in Schedule A, for the people of 
Ontario of any public or private enterprise, which, in the 
opinion of the commission, is a major enterprise north or 
generally north of the 50th parallel of north latitude, such 
as those related to harvesting, supply and use of timber 
resources, mining, milling, smelting, oil and gas extraction, 
hydro-electric development, nuclear power development, 
water-use, tourism and recreation, transportation, 
communications or pipelines; 



2. to inquire into methods that should be used in the future to 
assess, evaluate and make decisions concerning the effects on 
the environment of such major enterprises; 



Appendix 1 



- 2 



3. to investigate the feasibility and desirability of 

alternative undertakings north or generally north of the 

50th parallel of north latitude, for the benefit of the 
environment as defined in Schedule A; 



to report and make such recommendations to the Minister 
of the Environment from time to time and as 
expeditiously as possible with respect to the subject 
matter of the inquiry as the commission deems necessary 
and desirable to carry out the purpose of the 
Environmental Assessment Act, 1975 . 



The Honourable the Minister of the Environment further 
recommends that 



5. all the ministries, boards, agencies and committees of 
the Government of Ontario be d 
commission to the fullest extent. 



the commission be authorized to engage such counsel, 
research and other staff and technical advisers as it 
deems proper for the purpose of carrying out the 
commission at rates of remuneration and reimbursement to 
be approved by the Management Board of Cabinet; 



the commission be authorized to distribute funds to such 
persons as in its discretion, having regard to the 
criteria in Schedule B, it deems advisable for the 
purpose of ensuring effective participation by the 
public in the inquiry. 



The Committee of Council concur in the recommendation of the 
Honourable the Minister of the Environment and advise that the 
same be acted on. 



Certified, 

Deputy Clerk, Executive Council. 



Appendix 1 



- 3 



Schedule A 

"Environment" means, 

(i) air, land or water, 

(ii) plant and animal life, including man 

(iii) the social, economic and cultural conditions that 
influence the life of man or a community, 

(iv) any building, structure, machine or other device or 
thing made by man, 

(v) any solid, liquid, gas, odour, heat, sound, vibration or 
radiation resulting directly or indirectly from the 
activities of man, 
or 

(vi) any part or combination of the foregoing and the 

interrelationships between any two or more of them, 

in or of Ontario. 



Appendix 1 



- 4 - 



Schedule B 



CRITERIA FOR FUNDING OR PARTICIPATION IN INQUIRY 



These criteria are intended to assist the commission in 
distributing the available funds in the fairest possible way so as 
to ensure effective public participation in the inquiry. 



1. Representation of Wide Range of Interest 

The parties assisted should be representative of the 
various interests which are directly or indirectly 
affected by the matters subject to the inquiry. It may 
not be feasible or practicable to fund representatives 
of all or any groups to the extent they feel necessary 
or desirable. 

2 . Avoidance of Duplication 

Consideration may be given to encouraging the 
coalescence of individuals or groups with similar 
interests. An incentive could be provided to groups or 
individuals who are willing to work together and combine 
their presentations for the inquiry. 

3. Representation of Various Geographic Areas 

Funding may be allocated to representatives of concerned 
groups or individuals who do not live or work 
immediately adjacent to the proposed development but who 
have substantial and direct interest in the subject 
matter of the inquiry. 

4. Allocation of Limited Funds 

Within the context of the above criteria, in determining 
which applications for funding should be accepted, the 
commission may give consideration to the following 
specific guidelines: 

- the applicant for funding should be one who 
the commission is satisfied, has a direct and 
substantial interest in the subject-matter of 
the inquiry, 

- it should be clear to the commission that 
separate and adequate representation of that 
Interest will make a necessary and substantial 
contribution to the hearing, 



Appendix 1 



- 5 



- those seeking assistance should have an 
established record of concern for, and should 
have demonstrated their own commitment to, the 
interests they seek to represent, 

- it should be shown to the satisfaction of the 
commission that those seeking assistance do 
not have sufficient financial resources to 
enable them to represent adequately that 
interest in the hearing under consideration, 
and will require the assistance to enable them 
to do so, 

- those seeking assistance should have a clear 
proposal as to the use they intend to make of 
the funds, and should be willing to make a 
commitment to account for the funds. 

5. Determination of Specific Requirements 

In determining whether to provide assistance and the 
amount of assistance to provide, the commission may 
consider : 

- the length of time required for preparation of 
the presentation, 

- non-monetary subsidies or other monetary 
inputs available to the individual or group 
applying for assistance, 

- the number of paid employees who will be 
participating in the preparation of the 
presentation, 

- the number of people represented by the 
group. 



Appendix 1 



- 6 - 



ORDER IN COUNCIL 2316/78 



Copy of an Order-in-Council approved by Her Honour the Lieutenant 
Governor, dated the 2nd day of August, A.D. 1978. 



The Committee of Council have had under consideration the 
report of the Honourable the Minister of the Environment, wherein 
he states that. 



WHEREAS, pursuant to Order-in-Councll numbered OC-1900/77 
dated the 13th day of July A.D. 1977, Mr. Justice Patrick 
Hartt of the Supreme Court of Ontario was appointed a 
commission pursuant to The Public Inquiries Act, 1971, and 
directed to inquire into the beneficial and adverse effects 
of enterprises north or generally north of the 50th 
parallel of north latitude, to identify and evaluate 
alternatives thereto, and to carry out other duties; and 



WHEREAS Mr. Justice Hartt in April of this year issued an 
interim report in which he made various recommendations, 
including recommendations as to the further conduct of the 
inquiries and investigations to be carried out by the 
commission; 



The Honourable the Minister of the Environment therefore 
recommends that, pursuant to the provisions of the Public 
Inquiries Act, 1971 , a Commission be issued to appoint Mr. J. 
Edwin J. Fahlgren of Cochenour, Ontario, in the place and stead of 
Mr. Justice Patrick Hartt, for the purpose of carrying out the 
inquiries, investigations and other duties set out in 
Order-in-Council numbered OC-1900/77, that the Commissioner 
receive remuneration and reimbursement at rates to be approved by 
Management Board of Cabinet, and that this appointment be 
effective on and after the 2nd day of August, 1978. 



The Committee of Council concur in the recommendations of the 
Honourable the Minister of the Environment and advise that the 
same be acted on. 



Certified, 

Deputy Clerk, Executive Council. 



Appendix 1 



- 7 - 



ORDER-IN-COUNCIL 3679/81 



On the recommendatton of the undersigned, the Lieutenant Governor, 
by and with the advice and concurrence of the Executive Council, 
orders that, 



the Order-in-Council numbered OC-1900/77 dated the 13th 
day of July, 1977 as amended by Order-in-Council 
numbered OC- 2316/78 dated the 2nd day of August, 1978, 
be further amended by adding the following paragraph: 



"AND THAT effective from the 1st day of January, 1982, 
the Ministry of the Attorney General will be responsible 
for providing administrative support to the commission 
and will also be responsible for ensuring that the 
commission complete its activities within the 
constraints established by the Management Board of 
Cabinet Policy on the Administration of Royal 
Commissions". 



Recommended by the Minister of the Environment 

Concurred by the Chairman 

Approved and Ordered December 23, 1981 by the Lieutenant Governor 



Appendix 1 



MR. JUSTICE E.P. HARTT 
RECOMMENDATIONS AND PROPOSALS FOR ACTION 



INTERIM REPORT OF THE 
ROYAL COMMISSION ON THE NORTHERN ENVIRONMENT 
APRIL 4, 1978 



Onakawana Development Limited and the Ministry of the 
Environment should take immediate steps to discuss fully and 
openly the planned environmental assessment of the proposed 
lignite mine south of Moosonee vd.th local and affected groups 
and that the company undertake to meet their concerns in its 
assessment. 



2. A complete review and assessment of the West Patricia 
Planning process, in relation to other relevant programs of 
the Ontario government, and with special emphasis on the 
"Reed tract", should be carried out by the Commission, with 
the proposals of the Ministry of Natural Resources being 
considered as the focal point of the review. 



3. A task force of northern residents should be appointed to 
investigate and recommend ways for the people of the north to 
become effectively involved in the making of decisions by 
government ministries and agencies that affect their lives 
and communities. 



A committee should be formed, composed of ministerial-level 
representatives of the federal and Ontario governments and 
representatives of the Indian people. The committee would 
attempt to resolve, through negotiation, issues raised by its 
members, and in particular would address questions of 
devolution of authority to govern local affairs and access to 
resources for the Indian people. A small secretariat, 
acceptable to all parties, should be established to support 
the committee. 



5. As its first priority, the committee should address the 
plight of the Indian communities of Whitedog and Grassy 
Narrows. Methods to ensure access to resources and viable 
community economics, along with related supportive programs 
should be considered jointly by the committee and the 
communities. To facilitate this, a mutually acceptable fact 
finder should be appointed to review and report on available 
information and options within 90 days. 



Appendix 2 



- 2 - 



6. The government of Ontario should not implement any new policy 
on vd.lcl rice which would weaken the Indians' position in this 
industry in the north. During the next five years, the 
Indians should be given the opportunity to develop a viable 
wild rice industry on their own. To foster this, no new 
licences to harvest rice should be granted to non-Indians 
during this period. The government should provide 
assistance, for example, by examining the influence of water 
control structures on the productivity of the harvests, by 
appropriate research into improved growing and harvesting 
methods, and by necessary training programs. 



V 



Appendix 2 



- 1 



PUBLIC FUNDING PROGRAM 



The Commission, throughout its lifespan, has provided 
financial assistance to groups and individuals to assist them in 
taking an active role in the inquiry. This program of Public 
Funding was initiated through the Commission's Order in Council 
1900/77 which specifically authorized the Commissioner "...to 
distribute funds to such persons as in its discretion, having 
regard to the criteria in Schedule B (of the Order in Council) it 
deems advisable for the purpose of ensuring effective 
participation by the public in the inquiry." 

Schedule B was intended to assist the commission in 

distributing the available funds in the fairest possible way so as 
to ensure effective public participation in the inquiry. It 
specified the following points: 

"1 . Representation of Wide Range of Interests 

The parties assisted should be representatives of the 
various interests which are directly or indirectly 
affected by the matters subject to the inquiry. It may 
not be feasible or practicable to fund representatives 
of all or any groups to the extent they feel necessary 
or desirable. 

2 . Avoidance of Duplication 

Consideration may be given to encouraging the 
coalescence of individuals or groups with similar 
interests. An incentive could be provided to groups or 
individuals who are willing to work together and combine 
their presentations for the inquiry. 

3 . Representation of Various Geographic Areas 

Funding may be allocated to representatives of concerned 
groups or individuals who do not live or work 
immediately adjacent to the proposed development but who 
have a substantial and direct interest in the subject 
matter of the inquiry. 

4 . Allocation of Limited Funds 

Within the context of the above criteria, in determining 
which applications for funding should be accepted , the 
commission may give consideration to the following 
specific guidelines: 



Appendix 3 



- 2 - 



- the applicant for funding should be one who the 
eommission is satisfied, has a direct and substantial 
interest in the subject matter of the inquiry, 

- it should be clear to the commission that separate and 
adequate representation of that interest will make a 
necessary and substantial contribution to the 
hearing , 

- those seeking assistance should have an established 
record of concern for, and should have demonstrated 
their own commitment to, the interests they seek to 
represent . 

- it should be shown to the satisfaction of the 
commission that those seeking assistance do not have 
sufficient financial resources to enable them to 
represent adequately that interest in the hearing 
under consideration, and will require the assistance 
to enable them to do so, 

- those seeking assistance should have a clear proposal 
as to the use they intend to make of the funds, and 
should be willing to make a commitment to account for 
the funds." 

Early Funding - Mr» Justice Hartt 

During the period July, 1977 - August, 1978 under 
Mr. Justice Patrick Hartt, $403,092 was awarded to and spent by 
groups and individuals to prepare for and participate in the 
Commission's inquiry. No formal application process was set into 
place to make these awards. Decisions were made internally by the 
Commission as each request for financial assistance was received. 

The Table below details funding awarded during this early 
stage of the Commission's inquiry. 



TABLE X-1 

Funding Awards July 1977 - August 1978 

RECIPIENT 

Grand Council Treaty #9 

National Survival Institute 

Grand Council Treaty #3 

Mental Health Timmins 

Northwestern Ontario Municipal Association 

Tri Municipal Committee 

Town of Sioux Lookout 

James Bay Education Centre 



Amount 


Spent 


$ 


170, 


,636 




4, 


,171 




170, 


,928 
85 




6, 


,683 




47, 


,323 




1. 


,266 




2 


,000 



Appendix 3 



- 3 



Commissioner Fahlgren's Approach 

Under Commissioner Fahlgren a more formal approach to the 
awarding of financial assistance was instituted. 

The Commission established a Funding Advisory Committee to 
consider and make recommendations to the Commissioner on 
applications for funding during the 1978/1979/1980 period. The 
Committee was set up to ensure a fair and unbiased distribution of 
the funds available. The Committee members were selected from 
nominations made by active participants in the Commission's work 
and was composed of five northerners and one Commission staff 
member. 

For the Funding Period September to November, 1982 
(Phase IV), the Commission did not utilize the Funding Advisory 
Committee. During this period, an internal committee of staff 
members was set up to make recommendations to the Commissioner on 
each application. 

Brochures explaining the Commission's formal Funding Program 
and application forms were prepared and widely distributed for 
each phase of funding. Timing, budgets and application limits for 
each phase were as follows: 



Phase I 

November 15, 1978 to March 31, 1978 
Budget: $125,000 
Application limit: $10,000 

Phase II 

September 10, 1979 to February 28, 1980 
Budget: $230,000 
Application limit: $10,000 

Phase III 

December I, 1979 to February 29, 1980 
Budget: $40,000 
Application limit: $5,000 

Phase IV 

September 1, 1982 to November 10, 1982 
Budget: $350,000 
Application limit: $10,000 



Appendix 3 



- 4 - 



Applicants who were successful in having their request for 
financial assistance approved were required to sign a Letter of 
Agreement stating that the funds would only be used for the 
intended purpose in accordance with the approved budget, that 
proper accounting procedures would be met and that deadlines for 
completion of the project would be observed. 

In all cases, an amount ranging from 10 to 25 per cent of the 
approved award was held back pending completion of the project and 
receipt by the Commission of a satisfactory financial accounting 
of the funds. 



Program Assessment 

Table II lists the recipients of financial assistance during 
the formalized funding program under Commissioner Fahlgren. The 
table indicated the recipients of the funding, the amount spent 
and whether the project was satisfactorily completed. The 
Commission can only confirm that the project was undertaken and 
completed and that the money spent and accounted for. No effort 
has been made on an individual basis to indicate whether the 
Commission believes that good value was received for the money. 
In some instances this would be impossible to evaluate as in the 
case of a project whose sole purpose was for community partici- 
pation, issue awareness or local decision making. As for projects 
that required funding for research or for the preparation of 
submissions, the Commission is prepared only to indicate if the 
report or submission was received and the money satisfactorily 
accounted for. No specific evaluation on an individual basis will 
be made. 



TABLE X-II 



Phase I November 15, 1978 - March 31, 1979 



RECIPIENT Amount Spent 

James Burr and William Napier (Waterloo) $ 1,265 

Conservation Council of Ontario (Toronto) 3,235 

James Bay Cree Society (Moose Factory) 4,575 

William Moses (Timmins) 5,867 

Moose Band Council (Moose Factory) 1,834 

Northern Development Research Group (Toronto) 4,885 



Appendix 2 



5 - 



Northwestern Ontario Internationl Women's 

Decade Coordinating Council (Thunder Bay) $ 8,752* 

Osgoode Hall Law School, Public Interest 

Advocacy Centre (Toronto) 7,000 
Ontario Metis and Non-Status 

Indian Association (Zone 3) 4 455 

Pollution Probe Foundation (Toronto) 4,196 

Town of Sioux Lookout (Sioux Lookout) 4,257 

Thunder Bay and District Labour Council (Thunder Bay) 5,670 

Bert Trapper (Moosonee) 1 492 

Grand Council Treaty </3 (Kenora) 6,511 

Winisk Band Council Advisory Board (Winisk) 4,637 

White Dog Band (White Dog) 150* 

* Project not completed or financial accounting not received. 



Phase II September 10, 1979 - February 28, 1980 



RECIPIENT Amount Spent 

Timiskamlng Environmental Action Committee (Kenabeek) $ 8,866 

Northern Ontario Women's Conference Committee (Sudbury) 4,000 

Noract (Hearst) 8 940 

Michael Zudel (Timmins) 2 000 

Gary Clark (Timmins) 2 160* 

Energy Probe (Toronto) 7*399 

Stanley Hunnisett (Big Trout Lake) 9,524 

Northern Ontario Research & Development Institute (Hearst) 9,679 

Conservation Council of Ontario (Toronto) 7,500 

Canada Environmental Law Research Foundation (Toronto) 9,361 

Pollution Probe (Toronto) 4 700 

Northern Development Research Group (Toronto) 7,847 

Canadian Paperworkers Union (Toronto) 4,528 

Fort Albany Band (Fort Albany) 7,543* 

Big Island Reserve #93 (Morson) 7,712* 

Northwestern Ontario Prospectors Association (Thunder Bay) 1,653 

Dr. Roger Suffling (Waterloo) 9,047 
Ontario Metis & Non-Status Indian Association (Zone 2) 

(Thunder Bay) 99O 

Webequie Settlement Committee (Webequie) 6,795 

Lake Nipigon Metis Association (Thunder Bay) 5,203 
Native Education Advisory Council (Thunder Bay) 10,143 

* Project not completed or financial accounting not received. 



Appendix 3 



- 8 - 



Phase III December 1, 1979 - February 28, 1980 



RECIPIENT 



Amount Spent 



Transport 2000 Canada (Ottawa) 

Jean Trudel (Hearst) 

Wa Wa Ta Native Communications Society (Sioux Lookout) 

Bruce D. Ralph (Ignace) 

Mark & Wendy MacMillan (Ignace) 

Pollution Probe (Toronto) 

Terry Graves (Charlton) 

Long Dog Lake Community (Long Dog Lake) 

Association des Francophones du Nord-Ouest 

de I'Ontario (Thunder Bay) 
Thunder Bay National Exhibition Centre (Thunder Bay) 
Inter-Agency Coordinating Committee (Red Lake) 
Fort Severn Band (Fort Severn) 
Naganawit Corporation (Kenora) 



$ 3, 


,106 


4 


,395 


■) 3, 


,645* 


4, 


,142 


2, 


,924 


5 


,325 


7, 


,580 


1 


,776* 


4, 


,237 


4, 


,935 


1, 


,748 


7, 


,299 




350* 



* Project not completed or financial accounting not received. 



Phase IV September 1, 1982 - November 10, 1982 



RECIPIENT 



Amount Spent 



Martin Falls Band (Ogoki Post) $ 5,120 

Rocky Bay Indian Band (MacDiarraid) 9,353 

Canadian Environmental Law Research Foundation (Toronto) 9,922 

Conservation Council of Ontario (Toronto) 9,230 

David Sewell (Timmins) 3,539 

James Bay Tribal Council (Moose Factory) 11,641 

Wildlands League (Toronto) 9,595 

New Post Band #69 (Cochrane) 14,620 

Moose Factory Band (Moose Factory) 5,649* 

Fikret Berkes (St. Catharines) 800 

Savant Lake Native Community (Savant Lake) 5,349 

Brian McMillan/David Peerla (Thunder Bay) 5,716 
Moosonee Metis and Non-Status Indian Association (Moosonee)8,935* 
Association Canadienne Francaise d'Ontario, 

Regionale de Timmins (Timmins) 10,070 
Canadian Society of Environmental Biologists, 

Ontario Chapter (Toronto) 9,893 

* Project not completed or financial accounting not received. 



Appendix 3 



- 7 - 



Parks for Tomorrow (Kakabeka Falls) 
Former Chiefs Committee (Winisk) 
Chief Thomas Fiddler/James Stevens 

(Sandy Lake & Thunder Bay) 
Sidney Fels (Thunder Bay) 
Armstrong Metis Association (Armstrong) 
Economic Development Sub-Committee (Thunder Bay) 
David Martin (Thunder Bay) 
Attawapiskat Band Council (Attawapiskat ) 
Ontario Metis Association (Zone 1) (Sioux Lookout) 
Deer Lake Band (Deer Lake) 

Armstrong Wilderness Outfitters Association (Armstrong) 
Frontier College (Toronto) 
Bearskin Lake Band (Bearskin Lake) 
Lake Nipigon Metis Association (Thunder Bay) 
Muskrat Dam Band (Muskrat Dam) 

Cochrane Tourist Outfitters Association (Cochrane) 
Association of Canadian Universities for Northern Studies 

(Ottawa) 
Development Education Centre (Toronto) 
Sioux Lookout Trappers Council (Sioux Lookout) 
Lac Seul Band (Lac Seul) 

Northern Ontario Tourist Outfitters Association (North Bay) 10 
Amikwlish (Geraldton) 
R.G. Brisson (Cochrane) 

North Caribou Lake Band (Weagamow Lake) 
Concerned Women's Group (Iroquois Falls) 
Town of Iroquois Falls (Iroquis Falls) 
Town of Sioux Lookout (Sioux Lookout) 
Sioux Lookout Chamber of Commerce (Sioux Lookout) 
Red Lake Chamber of Commerce (Red Lake) 
Sachigo Lake Band (Sachigo Lake) 
Martin Falls Band (Ogoki) 
Naganawet (Kenora) 
Noract (Hearst) 
Reeve S. Leschuk (Ear Falls) 

* Project not completed or financial accounting not received. 



Under this program, 99 different awards of financial assis- 
tance were made totalling $572,773, of which 15 recipents failed 
to either satisfactorily complete their project or submit a proper 
financial accounting. 



9 


,973 


4 


,086 


8 


,834 


2 


,525 


14 


,148 


8 


,325 


2 


,487 


15 


,110 


1 


,747* 


9 


,064 


1 


,450 


3 


,350 


4 


,870* 


2 


,400 


8 


,800 


10 


,024 


2 


,500 


9 


,957 


6 


,297 


9 


,834 


10 


,000 


3 


,396* 


1 


,665* 


3 


,478* 


6 


806 


5 


454 


1 


250 




300 


5 


053 


7 


000 


3 


079 


^ 


650 


5 


000 


^ 


586 



Appendix 3 



Funding for Major Participants 

The Commission realized that its formal programs for funding, 
with their relatively small application budget limits and short 
time frames, were not appropriate for those it considered to be 
potentially major participants in the inquiry. Accordingly, in 
addition to the formal programs, funding was made available to 
organizations with significant interests in the Commission's 
mandate. 

The following major groups or organizaitons received funding 
from the Commission and spent the amounts indicated. 



Kayahna Area Tribal Council $456,000 

Fort Severn Band 58,364 

Grand Council Treaty #9 297,397 

Ontario Metis Association 65,642 

Pehtabun Chiefs Tribal Council 93,148 

Windigo Tribal Council 35,465 

Central Tribal Council 20,535 

Fort Hope Band 241,261 



Travel to Hearings 

The area covered by the Commission's mandate was extensive, 
with great distances between communities, and with travel 
difficult and costly. 

For the Commission to hold hearings that were accessible to 
the public north of 50, there were basically two options: take 
the hearings to the people or bring the people to the hearings. 

The time and expense required to take the hearings to the 
people of most communities, particularly the remote locations, 
could not in all conscience be contemplated. However, for the 
public to willingly participate in a more limited number of 
hearing locations would have required a commitment from the 
Commission to cover travel costs for participants to present oral 
versions of their written submissions. In some cases participants 
were required to appear if their submissions were funded by the 
Commission. Not all participants requested travel assistance but 
those who did were required to show a need that if such assistance 
was not available they would otherwise be unable to participate 
further. Those receiving travel assistance were required to 
submit documented claims and reimbursement was subject to the same 
guidelines and limits for travel expenses as those set down for 
employees of the Commission. 



Appendix 3 



Cross-Examination at Formal Hearings 

Funding was made available to parties granted standing at 
formal hearings to engage counsel, to research and to undertake 
cross-examination. 

Those who were granted standing and who required funding for 
legal fees and/or travel are listed below. 



RECIPIENT Amount Spent 

Kayahna Area Tribal Council $ 14,347 

Red Lake District Chamber of Commerce 5,979 

Deer Lake Band 5,226 

Northern Ontario Tourist Outfitters 6,17U 

Summer Beaver Community 16,394 

Sioux Lookout Trappers Council 945* 

* Travel only 



Appendix 2 



- 1 



December 17, 1982 



The Honourable William G. Davis, Q.C. 

Premier of Ontario and 

President of the Council 

Legislative Building 

Queen's Park 

Toronto, Ontario 

M7A lAl 



Dear Mr. Premier; 



Pursuant to Orders-in-Council 1900/77 and 2316/78, this 
letter sets forth my interim recommendation concerning the 
Ministry of Natural Resources' planning activities in Ontario 
north of 50°. 

As you know, this Commission's mandate directs rae to 
make recommendations concerning both the manner in which major 
development takes place in Ontario north of 50° and the means 
whereby decisions pertaining to such development are reached. In 
order to further clarify, define and limit the subject matter of 
my inquiry, I chose a course of action suggested by briefs 
submitted to Mr. Justice Patrick Hartt, the results of my own 
community visits and research program, and other public input. 
Accordingly, on July 5, 1982 I announced my intention to focus ray 
inquiry primarily on those aspects of development entailing the 
allocation, use and management of natural resources and to accord 
particular emphasis to decision-making related to these aspects. 

This Commission's interests in decision-making for the 
north rest centrally on the Ministry of Natural Resources' land 
use and resource management planning activities and on the 
application of the Environmental Assessment Act to these 
activities. These planning and assessment processes converge in 
an especially crucial and illuminating manner in West Patricia. 

The West Patricia area exemplifies pressing issues 
confronting development of the Boreal Forest and Shield 
environments of the north. Many of these issues came to a head in 
the raid-1970's when Reed Paper Limited began to examine the 
prospects for establishing an integrated forest products complex 
in the Red Lake/Ear Falls area using timber from a tract of 19,000 
square miles to the north. Public reaction to the harvesting 
proposal contributed to the creation of this Commission and gave 
impetus to the Ministry of Natural Resources' accelerated land use 
planning for West Patricia. 

...2/ 



Appendix 4 



Letter to the Honourable W.G. Davis - Dec. 17/82 - 2 



The Ministry of Natural Resources ' planning and 
program-delivery activities have major potential to shape the 
future course of northern development by virtue of the Ministry's 
central role as custodian, manager and developer of Crown lands. 
Therefore, my final recommendations will be directed towards 
ensuring first, that northern development proceeds in a beneficial 
and orderly fashion, working in concert with and not at the 
expense of the environment, and second, that development decisions 
proceed through a rational and equitable process that embodies 
thorough analysis, provides for effective public involvement and 
evaluation of public input, and opens to the public an avenue of 
access to an accounting of how and why decisions are reached. 

I find that important issues concerning both the 
substance of the land use plans and the decision-making process 
leading to their formulation have not been as fully and 
productively addressed as they should have been. I have reviewed 
the Ministry of Natural Resources' land use planning principles, 
the planning and public participation processes followed, and the 
nature of the evolving plans themselves, using as touchstones the 
Ministry's Guidelines for Land Use Planning and the Ministry of 
the Environment's General Guidelines for the Preparation of 
Environmental Assessments . My review led to identification of 
unresolved questions and concerns central to my mandate. I 
transmitted these to the Minister of Natural Resources in a letter 
dated November 24, 1982 and read them into public record at my 
hearing at Ear Falls on December 2, 1982. Moreover, the public 
has raised other important issues of substance and process in its 
written submissions and presentations at my hearings. 

Furthermore, these submissions and presentations, 
together with my own review, have led me to identify several 
concerns having to do with the application of the Environmental 
Assessment Act to both the Ministry of Natural Resources ' planning 
system and the resolution of major trade-off issues involving the 
allocation, use and management of resources in Ontario North of 
50°. I am conveying these concerns today by letter to the 
Minister of the Environment. 

On May 16, 1978 you stated in the Legislature that one 
of this Commission's future activities would be to review and 
assess the West Patricia planning process, using the Ministry of 
Natural Resources' proposals as the focal point. You further 
said: "I support the concept that northern residents should be 
more directly involved in the decision-making process of 
government". The Minister of Natural Resources, in his written 
submission to me dated December 2, 1982, confirmed that he is 
awaiting direction from the Royal Commission on the Northern 
Environment but will not accept "public input" on the West 
Patricia land use plan after December 31, 1982. 

...3/ 



Appendix 4 



- 3 



Letter to The Honourable W.G. Davis - Dec. 17/82 - 3 



My advice to the Minister of Natural Resources will take 
the form of findings and recommendations arising from my inquiry. 
My inquiry into the Ministry's planning and decision-making in the 
north, which obviously includes the adequacy of "public input" and 
related procedures, cannot possibly lead to findings and 
recommendations until 1 have had the opportunity to review further 
submissions made to me. 1 have established March 31, 1983 as my 
current deadline for submissions and expect to be in a position to 
advise the Minister no later than June 30, 1983. 

In order to secure information essential to the 
effective discharge of my mandate, 1 have required: 

1) that the Minister of Natural Resources or his 
senior staff respond fully in writing before 
December 31, 1982 to the questions and concerns 
read into the public record at my hearings on 
December 2, 1982; 

2) that the Minister of Natural Resources or his 
senior staff appear before me, either at hearings 
now scheduled or at subsequent hearings to be 
scheduled for our mutual convenience, to present 
an oral summary of such written responses, and to 
respond at such time to questions which the 
Commission may then have; 

3) that the Minister of Natural Resources or his 
senior staff continue to provide information in 
writing for purposes of clarification as I may 
request during and following ray hearings and in 
general continue to cooperate with my staff in 
this regard; and 

4) that the Minister of the Environment or his senior 
staff respond in writing at the earliest possible 
time to the concerns transmitted to the Minister 
in my letter of December 17, 1982 and appear 
before me at hearings on mutually convenient 
dates. 

Given my terms of reference, your recognition of land 
use planning as a focal point of my inquiry, the Minister of 
Natural Resources' own tight schedule for completion of the 
district land use plans across the north, and the above four 
requirements, I hereby recommend: 

. . .4/ 



Appendix 4 



Letter to the Honourable W.G. Davis - Dec. 17/82 - 4 



that all land use planning processes affecting 
Ontario north of 50° latitude be deferred and not 
terminated or closed in any way, and that the 
product of the Ministry of Natural Resources' 
planning activities — land use plans — not be 
finalized until my findings and recommendations 
are released in the form of a public report and 
have been considered by your Government. 

I regard your response to this recommendation as a 
matter of the utmost urgency for the satisfactory completion of my 
inquiry. 

Yours very truly, 



J.E.J. Fahlgren 
Commissioner 



Appendix 4 



- 1 - 



December 17, 1982 



Honourable Alan W. Pope 
Minister of Natural Resources 
Room 6323, Whitney Block 
99 Wellesley Street West 
Toronto, Ontario 
M7A 1W3 

Dear Mr. Pope: 

Today 1 delivered my interim recommendation concerning the 

Ministry of Natural Resources' planning activities in Ontario 

north of 50° to the Honourable William G. Davis, Premier of 

Ontario. This recommendation reads as follows: 

"that all land use planning processes affecting 

Ontario north of 50° latitude be deferred and not 
terminated or closed in any way, and that the 

product of the Ministry of Natural Resources' 
planning activities — land use plans — not be 
finalized until my findings and recommendations are 
released in the form of a public report and have 
been considered by your Government." 

In my letter to the Premier, a copy of which is enclosed, 1 set 
forth certain required actions that would support this 
recommendation and thus enable me to discharge my mandate 
effectively. The particular requirements that call for your 
response read as follows: 

"1) that the Minister of Natural Resources or his 
senior staff respond fully in writing before 
December 31, 1982 to the questions and concerns 
read into the public record at my hearings on 
December 2, 1982;" 

"2) that the Minister of Natural Resources or his 
senior staff appear before me, either at 
hearings now scheduled or at subsequent hearings 
to be scheduled for our mutual convenience, to 
present an oral summary of such written 
responses, and to respond at such time to 
questions which the Commission may then have;" 

"3) that the Minister of Natural Resources or his 
senior staff continue to provide information in 
writing for purposes of clarification as I may 
request during and following my hearings and in 
general continue to co-operate with my research 
staff in this regard...." 



Appendix 5 



- 2 - 



December 17, 1982 Page 2 



I regard your response to these requirements as a matter of the 
utmost urgency, given my need to conclude my inquiry as quickly as 
possible and your own desire to expedite completion, internal 
approval and release of the district land use plans. My Director 
of Research and my Counsel will be pleased to explain and 
elaborate on these concerns to members of your staff and to 
discuss with them the nature, timing and format of your written 
submissions and presentations at my public hearings. 

Yours very truly, 



J. E. J. Fahlgren 
Commissioner 



End. 



Appendix 5 



- 1 - 



December 17, 1982 



Honourable Keith C. Norton 
Minister of the Environment 
135 St. Clair Avenue West 
Toronto, Ontario 
M4V 1P5 



Dear Mr. Norton: 

Today I delivered my interim recommendation concerning the 

Ministry of Natural Resources' planning activities in Ontario 

north of 50° to the Honourable William G. Davis, Premier of 

Ontario. This recommendation reads as follows: 

"that all land use planning processes affecting 
Ontario north of 50° latitude be deferred and not 
terminated or closed in any way, and that the 
product of the Ministry of Natural Resources' 
planning activities — land use plans — not be finalized 
until my findings and recommendations are released in the 
form of a public report and have been considered by your 
Government." 

In my letter to the Premier, a copy of which is enclosed, I set 
forth certain required actions that would support this 
recommendation and thus enable me to discharge my mandate 
effectively. The purpose of this letter to you is to clarify the 
particular requirement that calls for your response. This reads 
as follows: 

"1) that the Minister of the Environment or his 
senior staff respond fully in writing at the 
earliest possible time to the concerns 
transmitted to the Minister in my letter of 
December 17, 1982 and appear before me at 
hearings on mutually convenient dates." 

As you know, my mandate requires me to find ways of ensuring that 
major development in Ontario North of 50° takes place in an 
orderly and beneficial manner and to seek improvements in the 
procedures followed to reach decisions on such development. This 
Commission's interests in decision-making for the north focus on 
the environmental assessment process stemming from the 
Environmental Assessment Act and the land use and resource 
planning activities of the Ministry of Natural Resources. These 
processes converge in that Ministry's district land use planning 
across the north and in a particularly crucial and illuminating 
manner in West Patricia, an area which exemplifies many of the 
main issues confronting northern development. 



Appendix 6 



- 2 



December 17, 1982 Page 2 



The Ministry of Natural Resources' planning and program-delivery 
activities have major potential to shape the future course of 
northern development by virtue of the Ministry's role as 
custodian, manager and developer of Crown lands. Land use 
planning by the Ministry generates a framework of objectives, 
operational strategies and targets that give direction to the 
subsequent formulation and eventual implementation of resource 
management plans. For these reasons, my program accords a central 
place to an evaluation of the principles, research methodology, 
public consultation approach, and products of the Ministry's land 
use planning. 

The Environmental Assessment Act appears to establish a consistent 
and logical process embodying good planning principles that, when 
applied, could play a crucially important role in balancing the 
legitimate interests of development and environmental protection. 
My findings to date suggest that these principles could be 
fruitfully applied in the case of the Ministry of Natural 
Resources' district planning. Moreover, there are good reasons to 
regard the Ministry's planning activities as provincial government 
undertakings subject to the Act. 

I expect that your Ministry's written submissions to me and oral 
presentations at my hearings will clarify your views on the status 
and treatment of these activities under the Environmental 
Assessment Act . Further, I expect that your submissions and 
presentations will respond to the following additional areas of 
concern, some arising from earlier submissions and my internal 
review of land use planning and others stemming from my research 
on the Detour Lake road and Onakawana undertakings. 

Applicability of class and individual environmental 
assessment approaches to MNR's land use and resource 
management planning subsystems; appropriate points of 
application in the planning system. 

Status and intended treatment of the West Patricia plan and 
other district land use plans under the Environmental 
Assessment Act . 

- MOE's view of the land use plans: implementable or 
conce p t ual /invent or ial? 

- consultation between MNR and MOE at ministerial and staff 
levels regarding status, format and content of MNR's 
environmental assessment for West Patricia; 

- schedule of submission of West Patricia environmental 
assessment to MOE; 

- status of an MNR-approved land use plan pending approval 
under the Environmental Assessment Act. 



Appendix 6 



December 17, 1982 Page 3 



Compatibility of land use planning and environmental assessment 
processes with special reference to West Patricia and with respect 
to: 



- identification and comparative evaluation of alternatives 
to and alternative methods of carrying out the undertaking; 

- determination of social, economic and natural environmental 
impacts, and associated costs and benefits, of alternatives 
including the preferred alternative; 

- management and mitigation measures and their feasibility. 



MOE's views on MNR's process for weighting, analyzing and evalu- 
ating public and research input and for incorporating it in the 
final land use plans. 

MOE's views on the applicability of the Environmental Assessment 
Act towards resolution of conflicting views on resource allocation 
and management, including issues of cross-impact between such 
sectors as parks and timber harvesting. 

Status and intended treatment of MNR's forest management planning 
under the Act. 



- applicability of class and individual environmental assess- 
ment approaches; 

- MOE comments on draft class environmental assessment; 

- status of the exemption; prospects for extension. 



Status and intended treatment of access road planning and other 
resource management planning under the Act. 



Criteria for exemptions; 

Extension of the Act to private undertakings; 

Internal evaluation of the Act and the environmental 
assessment process; 

Status and functions of the Environmental Assessment Advisory 
Committee. 



Appendix 6 



- 4 - 



December 17, 1982 Page 4 



My findings to date indicate that the Environmental Assessment Act 
has the potential to provide a rational, accessible process of 
environmental decision-making and a clear pattern of accountabili- 
ty to the public for the decisions reached. My final recommen- 
dations will be directed in part towards ensuring that this 
potential is attained in the case of land use and resource 
management planning and other major undertakings across Ontario 
North of 50°. 

1 now require your Ministry's position on the concerns outlined 
here and others that will undoubtedly be raised as ray hearings and 
research progress. I regard this as a matter of the utmost 
urgency, given my need to conclude my own inquiry as quickly as 
possible and the Minister of Natural Resources' desire to expedite 
completion, internal approval and release of the district land use 
plans. 

My Director of Research and my Counsel will be pleased to explain 
and elaborate on these concerns to meraebers of your staff and to 
discuss with them the nature, timing, and format of your written 
responses and presentations at my public hearings. 

Yours very truly, 



J. E. J. Fahlgren 
Commissioner 



End. 



Appendix 6 



1 - 



March 24, 1983 



Honourable Keith Norton, Minister 

Ministry of the Environment 

135 St. Clair Avenue West, 14th Floor 

Toronto, Ontario 

M4V 1P5 



Dear Mr. Norton: 

Thank you for your letter of February 1, 1983 in which you clari- 
fied your position on the Ministry of Natural Resources' land use 
planning and commented briefly on major concerns raised earlier by 
me. 

In his letter to me of January 18, 1983, the Minister of Natural 
Resources established a legalistic and technical rationale for a 
position that the Environmental Assessment Act should not apply to 
the land use plans. This rationale, and now your apparent accept- 
ance of it, gives rise to fundamental questions about the true 
nature, intent, status, substance, and implications of his 
Ministry's planning, about the appropriate locus of decision- 
making related to resource allocation, management and protection, 
about the effective injection of the Act's principles into the 
Ministry's decision-making and planning processes, and about the 
continuing credibility of the Act itself. These matters are the 
direct and central consequence to me, in the discharge of my 
mandate, and I would presume to you, as Minister responsible for 
the Act and its promotion and implementation. 

I want to comment on two salient aspects of the Minister of 
Natural Resources' remarks on planning and decision-making 
prerogatives of individual Cabinet ministers and Cabinet, while 
downplaying the status of land use planning and its significance 
as a framework for consistent decision-making. Second, they omit 
any reference, let alone any commitment, to the Environmental 
Assessment Act as an appropriate statutory basis for enlightened 
decision-making with respect to the allocation, use, management 
and protection of lands and waters. 

The Minister advances three arguments in support of a case that 
land use planning is a process something apart from decision- 
making: first, that the plans are merely guidelines lacking 
official policy substance; second, that they are intended 
primarily for internal, program coordinating purposes; and third, 
that they do not embody legal commitments to allocate or manage 
natural resources in any explicit manner. I wish to comment on 
each of these arguments in turn. 

...2/ 



Appendix 7 



- 2 - 



March 24, 1983 Page 2 



The Minister backs up his assertion that the plans are merely 
guidelines on the grounds that they are "capability inventories" 
and that land use planning is a process distinct from decision- 
making. To me, this seems unsupportable. Inventory and 
capability are technical terras having explicit meanings that have 
been widely accepted by professionals in resource planning. An 
inventory can be defined simply as a "stocktaking of natural 
resources", capability as the "natural ability of an area of 
provide continuous opportunity for benefits under an assumed level 
of management". The Phase I or Background Information phase 
clearly represents the capability inventory stage in the Ministry 
of Natural Resources ' land use planning process and the foundation 
against which specific resource "policies and targets will be 
tested, optional plans developed, and a final plan produced". The 
treatment accorded to policies, objectives, targets and strategies 
in the Ministry's Phase II documents demonstrates that the final 
plans will reach far beyond what is encompassed by the terms 
inventory and capability . 

To dismiss the land use plans as "guidelines" or statements of 
"hypothetical intent" would be highly inconsistent with the 
Ministry of Natural Resources' stated positions on planning, the 
scope of the plan documents, and the decade of effort and millions 
of dollars spent on land use planning. The Ministry defines a 
land use plan as a "document which indicates how the Ministry 
plans to use Crown land ... and intends to influence the use of 
private land in achieving its objectives". Definitions in 
strategic land use plans already approved affirm that planning 
"culminates in a commitment" and that a plan "displays a 
decision". More to the point is the substance of the plans 
themselves. Judging from the Phase II documents, the approved 
land use plans will constitute an explicit statement of the 
Ministry's sectoral policies, articulated in the form of alloca- 
tion and protection objectives and quantified targets for 
districts and component zones together with the general strategies 
for attaining them. 

The Minister's second argument has to do with program coordi- 
national functions largely internal to the Ministry. The Ministry 
of Natural Resources has stated that the purpose of a land use 
plan is "to coordinate the various Ministry programs, concerning 
the use of land, so that conflicts and inefficiencies are avoided 
and all objectives are met". The Minister's letter reinforces 
this by emphasizing that the plans are for purposes of "ensuring 
general conformity of the Ministry's disposition activities with 
other Ministries and other Ministry of Natural Resources program 
activities and responsibilities". You lend your own support when 
you note that the Environmental Assessment Act "cannot replace the 
normal responsibilities of government ministries to develop 
policies and plan and manage programs". 

...3/ 



Appendix 7 



March 24, 1983 Page 3 



While the Ministry of Natural Resources' application of land use 
planning as a tool for program coordination is eminently 
appropriate, the impacts of the plan implementation activities 
will obviously extend far beyond mere good internal housekeeping. 
In the case of Ontario North of 50°, the Ministry's planning and 
program-delivery activities have major potential to shape the 
future course of development by virtue of the Ministry's crucial 
roles as custodian, manager and developer of Crown lands. My 
Commission's concerns rest primarily on the adequacy of the plans 
and on their real-world consequences. 

In developing his third argument, that the land use plans do not 
embody direct legal commitments to allocate or manage resoruces in 
any explicit manner, the Minister draws my attention to a major 
distinction between the land use planning process applied by 
public servants and the "decision or resource allocation process" 
culminating in decisions at the Cabinet level. Is this a legalis- 
tic attempt to distance program implementation as far as possible 
from plan formulation? If so, it raises a spectre of arbitrary 
decision-making taking place outside the gambit of any formal 
planning or assessment process. That government bears the final 
authority, responsibility and accountability for decision-making 
cannot be disputed. I agree that approved plans must not be 
regarded as etched in stone. Undoubtedly, circumstances may 
sometimes necessitate that plans be overridden by a decision at 
the Cabinet level or altered through the ongoing review and 
revision mechanisms built into the land use planning process. 
Nevertheless, I am required, in the discharge of my mandate, to 
gain the fullest possible understanding of decision-making whether 
it takes place as the result of a formal planning or assessment 
process or independently. 

Accordingly, I am asking the Minister to further define the 
"decision or resource allocation process" that he highlights, to 
let me know his intentions for its applications, and to indicate 
whether he would be giving the final district land use plans his 
official approval. 

Moveover, while a land use plan may not legally commit natural 
resources to "project-specific end-uses", the Minister's approval 
of a plan surely signifies that it can be accepted as an authen- 
tic, consistent and potent statement of his Ministry's priorities 
and intents for allocating, using and protecting natural resources 
and for resolving sectoral tradoff issues arising from conflicting 
demands on a finite resource base. Approval surely signifies that 
the integrity of the plan is to be safeguarded — to the extent 
that external circumstances and political realities permit — from 
frequent non-confirming changes to its fundamental objectives, 
thrust and balance. Finally, approval must be construed to be a 

...4/ 



Appendix 7 



March 24, 1983 Page 4 



directive for major policy decisions on projects and resource 
allocations, for later resource management planning, and for 
operational activities by administrators as well as a very strong 
signal of government's intentions to interest groups and potential 
private investors. To assert otherwise would assign to the plans 
an equivocal status that would enable them to be either adhered to 
or ignored as a basis for reaching decisions, as expedient. 

Land use planning and resource management planning are two of the 
five subsystems of the Ministry of Natural Resources' corporate 
planning system. You are now confronting the problem of 
determining the point or points at which the Environmental 
Assessment Act can be most appropriately applied in the continuum 
of planning and decision-making activities that these two 
subsystems embody. Two prerequisities exist for the effective 
application of the Act in this case: a commitment to the 
underlying principles of the Act and a phased strategy for 
applying the Act to the planning system. 

While I agree with your statement that environmental assessment is 
"a process which contributes to and complements planning but does 
not replace it", I cannot see how this potential contribution can 
be attained if the Act is not even applied to the land use 
planning. Two main points bear amplification here. The first has 
to do with the crucial importance of applying the Act at that 
point in the planning system where policies are articulated, 
sectoral and spatial priorities are set, and tradeoff positions 
are established, and hence where the factors that will have a 
major environmental impact are determined. The full range of 
policies, priorities and tradeoffs is arrayed comprehensively only 
at the land use planning stage, and not at later stages in the 
system. The land use plans thus constitute the primary framework 
for the Ministry of Natural Resources' decision-making, whether it 
takes place at the Minister's level, at senior staff levels, or 
through a multitude of compatible operational decision and 
implementation actions at the administrative level in the field. 
To apply the Act consistently to these individual decisions — 
rather than to the framework itself — would be a monumental task. 
Moreover, I doubt that the substance of a land use plan can be 
expressed or its integrity and coherence adequately defined in 
terras of the individual projects and implementation actions 
stemming from it. 

The second point has to do with the adequacy of the land use plans 
themselves as a basis for decision-making. The Ministry of 
Natural Resources has established a logical and coherent set of 
planning principles and a general planning process which meet its 
own needs for coordinated programming and program delivery. These 
principles and process conform only in part to external criteria 
for good planning, such as those stemming from the Environmental 

...5/ 



Appendix 7 



o - 



March 24, 1983 Page 5 



Assessment Act . A comparison of the land use planning and 
environmental assessment processes reveals major problems of 
compatability which can be amply illustrated by reference to the 
Phase II district plan documents for the north. The former 
process does not lead readily to the generation of alternative 
planning models, objectives, targets or operational strategies, 
which the latter calls for a progressive narrowing down of the 
possible alternatives to the plan undertaking before selecting the 
alternative recommended. The Phase II documents appear to provide 
too narrow an array of options to serve as a focus for adequate 
public response. Nor were environmental assessment principles 
calling for the comparative evaluation of alternative plans in 
social, economic and natural environmental terms effectively 
implemented in the case of the northern district plan documents. 

My concern about the application of the Environmental Assessment 
Act to the land use planning thus rests on pragmatic rather than 
hypothetical grounds. The principles embedded in the Act are 
eminently relevant to the planning and their effective injection 
into the planning process would have led to better plans that 
could be relied upon as a basis for informed decisions. On the 
other hand, applications of the Act would undoubtedly have 
precluded early completion and approval of the plans. 

It appears to me that the Ministry of Natural Resources' Planning 
system and decision process could escape effective scrutiny under 
the Environmental Assessment Act . Such an outcome could have 
serious adverse consequences for northern development and would 
erode the credibility of the Act and its underpinning principles. 
Deferral of environmental assessment to some later stage in the 
Ministry's planning and decision process would surely complicate, 
fragment and proliferate application of the Act. Your strategy 
for applying the Act will obviously have to encompass consistently 
the variety of ways by which consequential decisions are made 
respecting the allocation, use and management of natural 
resources. Some major projects may be initiated and allocation 
decisions reached at Cabinet level with or without reference to an 
approved land use plan, while others may be deferred until after a 
later resource management planning stage. A host of both major 
and routine decisions will be made by administrative officers in 
the regions and districts or by program executives at head office 
in conformity to a Minister's directive or an approved land use 
plan; the cumulative impact of this kind of decision-making can be 
very great. 

Surely, the credibility of the Environmental Assessment Act 
requires that it be applied consistently in the process culmina- 
ting in decisions to undertake a major project or to allocate 
natural resources on a consequential scale. The intent of the Act 
is that such decisions should flow from a narrowing down process 

...6/ 



Appendix 7 



6 - 



March 24, 1983 Page 6 



that considers alternatives to an undertaking as well as altern- 
ative methods of carrying out an undertaking. This means to me 
that the Ministry of Natural Resources' array of policies, 
priorities, and tradeoff position should come under comprehensive 
scrutiny before a decision to proceed vd.th a major project or 
allocation can be reached. 

Your comments and the Minister's on planning and decision-making 
bring into question the degree of government commitment to compre- 
hensive planning for northern development. The Minister's stance 
on the land use plans appears to signal a further withdrawal from 
comprehensive prospective planning at the provincial and large 
regional scales. Your own assertion that prudent and pragmatic 
administration of the Environmental Assessment Act should focus on 
the significant impacts of concrete proposals already formulated 
or nearly so appears to reinforce this trend; it is not in accord 
with statements in your Ministry's Guidelines to the effect that 
environmental assessment embodies comparative evaluation of the 
social, economic and natural environmental consequences of 
alternatives to an undertaking as a prelude to the selection of 
the preferred alternative. Abandonment of environmental assess- 
ment as a process for project selection and justification would 
undercut a fundamental principle of the Act itself, reducing it to 
little more than an impact assessment procedure to be applied 
after irrevocable decisions have been made. Surely, where it is 
deficient, the Environmental Assessment Act should be 
strengthened, not weakened. 

1 am not at all certain that the class environmental assessment 
approach should be regarded as a panacea for reducing potentially 
proliferating individual environmental assessments to a manageable 
number in the case of Ontario north of 50°. A class environmental 
assessment covers a group of projects which are "relatively small 
in scale, recur frequently, and have a generally predictable range 
of effects which ... are likely to cause relatively minor effects 
in most cases". Projects that might be considered minor in scale 
and impact elsewhere can have a devastating impact on the fragile 
natural environments and social structures in the remote north; 
for these, the class environmental assessment approach may simply 
to be too blunt an instrument. 

I will soon be drawing my conclusions and making ray recommen- 
dations on the application of the Environmental Assessment Act to 
the Ministry of Natural Resources' planning system and on other 
matters respecting the Act. I want to ensure that all viewpoints 
on the issues raised in this letter are brought to bear on this 
task and therefore invite your comments in response. 

...7/ 



Appendix 7 



- 7 



March 24, 1983 Page 7 



In addition, I now seek written clarification of your own position 
and intents on several specific matters. I have raised a number 
of technical and tactical problems having to do with the 
application of the Environmental Assessment Act to the planning 
system, and I have pointed out some of the opportunities that will 
be foregone if the Act is not applied to the land use plans. In 
view of these concerns, can you provide additional reasons for the 
decision that you have taken? 

I have summarized some of the evident complexities that will 
likely arise when applying the Act to the planning system. Does 
the Ministry of the Environment have a comprehensive strategy for 
applying the Act to the various products of the Ministry of 
Natural Resources' planning system and to the various kinds of 
decisions made at different levels within that Ministry with 
respect to the allocation, use, management and protection of 
natural resources? If so, what are its components? What are the 
most important points at which the Act will be applied to the 
planning system? To what extent do you intend to use individual 
environmental assessment and class environmental assessment 
approaches in the evaluation of projects and allocations relevant 
to the Ministry's land disposition and programming activities in 
Ontario North of 50°? At which stages do you consider that 
environmental assessment can best contribute to and complement 
planning? In what ways could it contribute? 

I have raised some concerns about the environmental assessment 
process stemming from the Act, in particular those prospective 
provisions that call for identification and comparative evaluation 
of alternatives to an undertaking as well as alternative methods 
of carrying out an undertaking before a decision is reached to 
proceed with the undertaking. Do you intend to retain these 
prospective provisions in the Act and to continue to implement 
them? If so, how would you apply them to the Ministry of Natural 
Resources' planning system? To what extent would application of 
these provisions to a major allocation decision require full 
scrutiny of the Ministry's array of policies, priorities, 
objectives and tradeoff positions respecting the use and manage- 
ment of resources? In the event that several such allocation 
decisions were to be reached over a period of time, how could 
consistency in the scrutiny of policies, priorities, objectives 
and tradeoff positions be secured and compatability between 
projects be assured? 

I was pleased to learn, at ray meeting in Thunder Bay on March 
22nd, that Mr. David Redgrave, Assistant Deputy Minister with your 
Environmental Planning Division, will be representing your 
Ministry during the next round of my public hearings. I trust 
that my remarks will assist him in preparing for this assignment. 

...8/ 



Appendix 7 



March 24, 1983 Page 8 

Thank you for your willingness to assist me in the conduct of my 
inquiry. 

\ 
Yours very truly, ' 



J. E. J. Fahlgren 
Commissioner 



cc: Honourable W. G. Davis 
Honourable A. W, Pope 
Honourable R. R. McMurtry 



Appendix 7 



1 - 



PRESENTATIONS MADE TO 
THE ROYAL COMMISSION ON THE NORTHERN ENVIRONMENT 
NOVEMBER 1977 TO SEPTEMBER 23. 1983 



Sioux Lookout - November 7, 1977 

- Tovm of Sioux Lookout, John E. Parry 

- Lac Seul Band, Chief R. Ningewance 

- Ministry of Northern Affairs, Honourable Leo Bernier 

- Grand Council Treaty #9, Wilbert Jones 

- Tom Fiddler 

- Grand Council Treaty #9, Chief A. Rickard, President 

- Grand Council Treaty #9, Wally McKay, Vice-President 

- Grand Council Treaty #9, Chief C. O'Keese, Vice-President 

- Northwestern Associated Chambers of Commerce, 
Arnold Beebe, President 

- Walter Thompson 

- Wilfred Wingenroth 

- Ben Garrett 

- Mrs. F. Woolner 

- Laura Switzer 



Sioux Lookout - Bovember 8, 1977 

- Ontario Forest Industries Association, Bob Laughlin 

- The Great Lakes Paper Company, Warren S. Moore 

- National and Provincial Parks Association of Canada, David Bates 

- Children's Aid Society of the District of Kenora, John Parry 

- Family and Children's Services of the District of Kenora, 
Joyce Timpson 

- Man-O-Min Wild Rice Co-operative, Jim Windigo 

- Slate Falls Airways, Glen Clarke 

- Wesley Houston 

- York University, Faculty of Environmental Studies, 
Joe De Pencier and Sue Farkas 

- Archdeacon Kaye, Anglican Rector, Sioux Lookout 

- Health and Welfare Canada, Sioux Lookout Zone Hospital, 
Dr. G. Goldthorpe 

- Ministry of Natural Resources, L. Ringham, Assistant Deputy 
Minister and R.J. Burgar, Director, 

Land Use Co-ordination Branch 

- Armstrong Metis Association, Hector King 

- Linda Pel ton 

- Tom Terry 

- Ernie Farlinger 

- Patricia Air Transport Limited, R.J. Burnett, 
Secretary-Treasurer 

- Brotherhood of Locomotive Engineers, Bill Coughlin, Chairman 

- Brian Anderson 

- Cathy Love 

- Sioux Lookout Community Centre Board, Howard B. Lockhart 

- Daily Bulletin, Stuart Cumraings, Publisher 



Appendix 8 



2 - 



- Robert E. Bell 

- Scott Landis 

- Ruth Ingram 

- Ifka Filipovich 

- Helen Acton 

- Michael Quince 

- Mary Davies 

Dryden - November 9, 1977 

- The Dryden Observer, Alex Wilson, Publisher 

- Town of Dryden, G. Rowat , Mayor 

- Dryden Chamber of Commerce, Patrick Skillen, President 

- Northern Ontario District Council of Lumber and Sawmill Workers 
Union, T. Mior 

- Kenora District Camp Owners Association, Leo Colvin, President 

- Grand Council Treaty #3, John Kelly, Grand Chief, 

and Willie Wilson - Anti-Mercury Ojibway Group [A-MOG] , 
Chief Roy McDonald and Chief Simon Fobister 

- Northwest Ontario Travel Association, Allan Hovi, 
General Manager 

- Canadian Paperworkers Union, Local 105, A.G. Johnson 

- Ministry of Agriculture and Food, Elmer Lick 

- Ontario Public School Men Teachers Federation, Dryden District, 
J.R. Livingston, President - Christopher Thomas 

- Ralph Sullivan 

Red Lake - November 14, 1977 

- Tri-Municipal Committee of the Towns of Balmertown, Ear Falls 
and Red Lake, Stanley Leschuk, Chairman 

- Ontario-Minnesota Pulp and Paper Company Limited, 
James Williams, President 

- Reed Limited, Kenneth D. Greaves, Senior Vice-President 

- Cathy Morgan 

- Vince Keller 

- Doreen Heinrichs and Dana Robbins 

- Canadian Paperworkers Union, Thomas Curley, Vice-President 

- Madsen Community Association, David Symondson 

- Doug Miranda 

- Walter Papiel 

- Ministry of the Environment, Walter Giles, Assistant Deputy 
Minister 

- Red Lake Businessmen's Association, K. McLeod 

- Red Lake District Camp Owner's Association, Hugh Carlson 

- The Red Lake Inter Agency Co-ordinating Committee, Cathy Wilson 

- Helen Garrett 

- Health Committee for Senior Citizens, Nellie Lemon 

Red Lake - November 15, 1977 

- Campbell Red Lake Mines Limited, Al Ludwig, 
General Superintendent 

- Cochenour Willans Gold Mines Limited, J.E.J. Fahlgren, 
President and General Manager 

- Pikangikum Band, Chief Ben Quill 



Appendix 8 



- 3 



- Taking Responsible Environmental and Economic Safeguards 
[T.R.E.E.S. ] , Jean Evans and Ron Robinson 

- Association of Professional Engineers, 
Lake of the Woods Chapter, Duncan Wilson 

- Green Airways, George Green 

- Griffith Mine, John D. Jeffries, Manager 

- Red Lake Businessmen's Association, David Meadows 

- James C. Seeley 

- Tom Faess 

- Orraond Sharpe 

- Fiona and Terry Robinson 

- Hugh Carlson 

Ear Falls - November 16, 1977 

- Tri-Municipal Committee, Stan Leschuk, Reeve, Township of Ear 
Falls; D'Arcy Halligan, Secretary, Tri-Municipal Committee; 
and Mrs. Carol Butterfield, Deputy Reeve, Red Lake 

- Ear Falls and Perrault Falls Chamber of Commerce, Bob Ahlers 

- Ministry of Natural Resources, R. Riley and Peter Anderson 

- Frederick Bergman 

- Ontario Professional Foresters Association, John Blair 

- Ministry of Correctional Services, 
Fred Boden and Eric Huddlestone 

- Delia and Alex Rosenthal 

- Dr. H.C. Maynard 

- Red Lake Board of Education, Wayne Seller 

- Ear Falls Metis and Non-Status Indian Association, Cheryl Smith 

Timmins - November 23, 1977 

- Timmins, City of, Economic Advisory Board, M. Doody, Mayor 

- Ministry of Treasury, Economics and Intergovernmental Affairs, 
D. Stevenson 

- Town of Kapuskasing, Maurice Deschamps 

- Ontario Paper Company Limited, J. Simmons, Vice-President 

- Timmins-Porcupine Chamber of Commerce, John Muggins 

- Canadian Association in Support of the Native Peoples, 

Ann Marshall - Unorganized Communities of Northeastern Ontario, 
Gerard Violette 

- Douglas Piralott 

- Ministry of Agriculture and Food, N. Tarleton and G. D'Aoust 

- Onakawana Development Limited, Olaff Wolff, Vice-President 

- Project North, Karmel Taylor-McCullum 

- Ontario New Democratic Party Caucus, Jim Foulds, MPP, and 
Marion Bryden, MPP 

- Ontario Mining Association, J.M. Hughes, Executive Director, and 
J. Ridout, Assistant Executive Director 

- Northern Ontario Heritage Party, Ed Deibel 

- Canadian Wildlife Service, Bruce Swltzer 

- Ontario Federation of Anglers and Hunters, Brad Sloan 

- Northern College of Applied Arts and Technology, J.H. Drysdale, 
President 

- Cochrane Teraiskaming Working Group for the Developmentally 
Handicapped, J.H. Drysdale 



Appendix 8 



Timmlns - November 24, 1977 

- Canadian Environmental Law Association, Paul Gavrel 

- Grand Council Treaty #9, Chief A. Rickard, President 

- Dr. John Spence 

- Brunswick House Band, Chief Fred Neshawabin 

- Mattagami Junior Band Council, Barbara Naveau 

- Mattagami Band, Chief Willis McKay 

- Mattachewan Band, Chief George Baptiste 

- Michael Patrick 

- Stanley Smith 

- Cochrane Board of Trade, Talson Rody 

- Ontario Northland Transportation Commission, George Payne 

- Ministry of Revenue, Mr. O'Dowd and G. Picard 

- Town of Cochrane, Maurice Hotte, Mayor 

- Spruce Falls Power and Paper Company Limited, George Ingram 

- Prospectors and Developers Association of Ontario, R. Allersten 

- Garden River Band, Chief R. Boissoneau 

- Ontario Trappers Association, A.J. Lalonde 

- Ontario Hydro, John Dobson,.Vern Coles and Al Rogers 

- Ontario Abitibi Band, Chief Jim Diamond 

- Grand Council Treaty #9, Gilbert Faries 

Geraldton - November 28, 1977 

- Ministry of Transportation and Communications, J.C. Sherwood 

- Polar Gas Project, Bruce MacOdrura 

- Geraldton Composite High School, A.J. Korkola, Principal 

- Union of Ontario Indians, D. Riley, President 

- Father Brian Tiffin 

- George Marek 

- York University, Polar Gas Case Study Group, Greg Thompson and 
Jan MacPherson 

- Ontario Native Women's Association, Marlene Pierre, President 

- Town of Geraldton, M. Power, Mayor 

- College de Hearst, Raymond Tremblay, Director 

- Nordinord and Boreal, Gilbert Heroux 

- Fort Hope Band, Chief Charlie OKeese 

- Long Lac Band, Chief Gabriel Echum 

- Constance Lake Band, Chief Bentley Cheechoo 

- Martin Falls Band, Chief Eli Moonias 

- Constance Lake Youth Council, Rose Le Fleur , Cecile Sutherland, 
Riley Anderson, and Teresa Sutherland 

- Pioneer Club, Geraldton Senior Citizens, Ginger Ball and 
Patricia Boyle 

- Lake Nipigon Metis Association, Michael McGuire 

- Millie Barrett 

- Tommy Mattinas 

- Mathew Sutherland 

- John Evans 

- Ange Vellleux 



Appendix 8 



- 5 - 



Naklna - November 29, 1977 

- Kimberly-Clark Pulp and Paper Co., G.L. Puttock, President 

- Township of Longlac, Reginald Hopkin, Reeve 

- Ontario Hydro, G. Patterson 

- Ontario Public School Men Teachers Federation, 
Geraldton District, Jay Daiter 

- Improvement District of Nakina, D. Home, Secretary-Treasurer 

- Nakina Tourist Area Outfitters Association, A. Rampton 

- Canadian National Railway, J.R. Burns, Area Manager 

- Nakina Chamber of Commerce, Peggy Swanson 

- Daniel Yoki and Greg Bourdignon 

- Canon John Long 

- Norman Skinner 

- Lakehead University, Native Students Association, 
Claudia Irons and Ruby Morris 

- Grand Council Treaty #3, Chief Peter Kelly 

- Mrs. A.R. Mercier 

- Northwestern Ontario International Women's Decade Co-ordinating 
Council, Julie Fels and Leona Lang 

- Stan Hunnisett 

- Terrence Brian Swanson 

- S.W. Lukinuk 

Pickle Lake - December 5, 1977 

- Bell Canada, Perry Brisbin 

- Steep Rock Iron Mines, Larry Lamb 

- Ontario Northland Transportation Commission, G. Payne and 
Don Wallace 

- Crolancia High School, grades 9 and 10, Bob Walli 

- Don McKelvie 

- Ministry of Transportation and Communications, 
Victor Handforth and Jack Willock 

- A.E. Brazeau 

- Patricia Home Owners Association, Brian Booth 

- Improvement District of Pickle Lake, Brian Booth 

- Ministry of Northern Affairs, Phil Mostow 

- UMEX Corporation, Doug Pittet 

- Linda and Dan Pickett 

- Connell and Ponsford District School Board, J. Murray, Chairman 

- Don Koval 

- Stan Werbisky 

- Ontario Public Interest Research Group, Waterloo Local, 
T. Cheskey and P. Weller 

- Henry Munro 

- Ron Slemko 

- Rhys Rissman 

Osnaburgh - December 6, 1977 

- Grand Council Treaty #9, Chief Wallace McKay 

- Jeremiah Sainnawap 

- James Masakeyash 

- Magnus James 



Appendix 8 



- 



- Gordie Beardy 

- Moses Fiddler 

- Albert Mamakwa 

- New Osnaburgh Band, Chief Maurice Loon 

- Cat Lake Band, Chief Jasper Keesickquayash 

- John Cooke 

- Jim Mezzatay 

- Slate Falls Band, Levius Wesley 

- James Waboose 

- North Caribou Lake Band, Chief Saul Keeash 

- Muskrat Dam Band, Arthur Beardy 

- Bearskin Lake Band, Chief Tom Kam 

- Sachigo Lake Band, Peter Barkman and Solomon Beardy 

- Pehtabun Area Chiefs Council, Bill Mamakeesic, Chairman 

- Ambrose Mikinac 

- Edward Machimity 

Osnaburgh - December 7, 1977 

- Big Trout Lake Band, Chief Stanley Sainnawap 

- Grand Council Treaty #9, Chief Gerald McKay 

- Wunnumrain Lake Band, Chief John Bighead 

- Kingfisher Lake Band, Chief Simon Sakakeep 

- Angling Lake Band, Chief Ananias Winter 

- Simon Frogg 

- Fort Severn Band, Chief Elijah Stoney 

- Kasabonika Lake Band, Councillor Jeremiah McKay 
and Harry Semple 

- Long Dog Lake, Henry Frogg and Simon Frogg 

- Grand Council Treaty #9, Fred Plain 

- Lakehead University, Native Students Association, 
Ruby Morris and Garnet Angeconeb 

- Ange Veilleux 

- Family and Children's Services of the District of Kenora, 
Joyce Timpson 

- Mrs. M. Kwandibens 

- Roy Kaminawash 

- Councillor Joseph Skunk 

Toronto - December 15, 1977 

- Provincial Secretariat for Social Development, Maureen Quigley 

- University of Waterloo, School of Urban and Regional Planning, 
Roger Suffling 

- University of Waterloo, Department of Man-Environment Studies, 
Carol Farkas 

- Northern Ontario Tourist Outfitters Association, Dean Wenborne, 
President 

- Planned Parenthood Ontario, Mrs. Eleanor McDonald, 
Executive Director 

- Joe De Pencier 

- Trent University Native Association, Reid Dingwall 

- Ministry of Colleges and Universities, Marie Louise Sebald 

- Pollution Probe, Linda Pim 



Appendix 8 



- Native Canadian Centre of Toronto, Roger Obonsawin, 
Executive Director 

- Canadian Association in Support of Native Peoples, 
Toronto Chapter, Laura Kennedy 

- Laurentian University, Dr. Tom Alcoze 

- Laurentian University, Department of Geography, Ron Anderson 

- University of Sudbury, Department of Native Studies, 
James Duraont 

- University of Toronto, Faculty of Medicine, Department of 
Psychiatry, Dr. Gerald H.C. Greenbaum 

- Ministry of Community and Social Services, Dr. Cliff Williams 

- Canadian Coalition for Nuclear Responsibility, Patrick Dare 

- The Association of Concerned Torontonians 
Inquiring into Ontario North, Paul Kennedy 

- University of Toronto, Faculty of Forestry and Landscape 
Architecture, Dr. Paul Aird 

- York University, President's Advisory Committee on Northern 
Studies, Dr. Graham Beakhurst 

- A Group of Concerned Ottawa Citizens, Ann Cole 

Toronto - December 16, 1977 

- Development Education Centre, Eric King 

- University of Toronto, Institute for Environmental Studies, 
Dr. Kenneth Hare 

- Ministry of Health, Gordon Martin 

- Ontario Public Interest Research Group, Connie Clement 

- Ministry of Education, R. Hunter and W. Morgan 

- Chief Peter Kelly 

- Ontario Society for Environmental Management, Dr. Robert Dorney 

and Tom Lowen 

- Frontier College, Jack Pearpoint 

- Lakehead University, Dr. Robert Rosehart, Dean 

- School of Experiential Education, Susan Stopps 

- Ministry of Energy, Richard Lundeen 

- The Committee in Support of Native Concerns, 
London, George Webb 

- University of Waterloo, Faculty of Environmental Studies, 
R.T. Newkirk, Associate Professor, and J.G. Nelson, Dean 

- Oxfam-Canada, Dr. Roger Rolfe 

- Ministry of Labour, Gerald Swartz 

- Quaker Committee on Native Concerns, Nancy Pocock 

- National and Provincial Parks Association of Canada, 
Carol Bailey 

- Ontario Welfare Council, Donald Bellamy and David Kennedy 

- Continental Hydroponics Limited, Gerald Rosenberg 

- The Conservation Council of Ontario, M.J. Bacon, President 

Timnins - December 21, 1977 

- Canadian Mental Health Association, Timmins Branch, 
Shirley Rokeby 

- Provincial Secretary for Resources Development, Honourable 
Rene Brunelle 



Appendix 8 



- 8 - 



- Town of Smooth Rock Falls, P. Kelly, Mayor 

- Canadian Civil Liberties Association, Timmins Chapter, 
Martha Laughren 

- The Cochrane District Health Council, Floyd Dale 

- Northeastern Ontario Municipalities Action Group, Rene Piche, 
Chairman 

- Prospectors and Developers Association, Porcupine Branch, 
John Larche 

- Timmins Women's Resource Centre, Lynne Wisniewski 

- Allan Pope, MPP 

- Mike Zudel 

- Gerry Martin 

Sandy Lake - January 10, 1978 

- Tom Fiddler 

- Grand Council Treaty //9 , Wally McKay 

- North Spirit Lake, Councillor Norman Ray 

- Deer Lake Band, Arthur Meekis 

- Sandy Lake Band, Chief Saul Fiddler 

- MacDowell Lake Band, Magnus James 

- Poplar Hill Band, Councillor Judas Kettle Strang 
and Absolum Moose 

- Fred Meekis 

- Pikangikum Band, Chief Ben Quill 

Sandy Lake - January 11, 1978 

- Sandy Lake Council on Alcohol and Drug Abuse, Abel Ray and 
Joe Meekis 

- Kitiwin Communications Association, Eddie Fiddler and 
Donald Mamakeesic 

- Northern Native Education Council, Richard Morris 

- Whitehead Moose 

- Pehtabun Area Chiefs Council, Bill Mamakeesic, Chairman 

- Jacob Fiddler 

Kenora - January 17, 1978 

- Grand Council Treaty #3, John Kelly, Grand Chief 

- Town of Kenora, George McMillan, Councillor 

- Ministry of Culture and Recreation, Northwest Region, Paddy 
Reid, Regional Archaeologist 

- Northwestern Ontario Municipal Association, W. Wake, President 

- Northwestern Commercial Fisheries Federation, Alice Longe 

- Lake of the Woods Pow-Wow Club, Joe Morrison 

- Ontario Federation of Anglers and Hunters, Lee Doyle 

- Ontario Human Rights Commission, Bromley Armstrong 

- Canadian Institute of Forestry, Lake of the Woods Section, 
G. Brown 

- Northwestern Ontario District Progressive Conservative Youth 
Association, Fergus Devins 

- Kenora Paper Mill Unions Federated Committee, L. Hudson 

- Nancy Morrison 

- Warner Troyer 



Appendix 8 



- 9 



- Ontario Metis and Non-Status Indian Association, Zone 1, 
Brenda Prouty 

- Town of Keewatin, Township of Jaffray Melick, 
R.W. Kahoot, Mayor 

- Ontario Federation of Labour, Clifford Pilkey 
and Shelley Acheson 

- Ministry of Natural Resources, R. Riley 

- Roberta Keesick 

- Canadian Mental Health Association, Ontario Division, 
Wendy Hill 

- Kenora Ministerial Association, Reverend John Fullmer 

- Dr. Brian Russell 

- Bearskin Lake Air Service, Karl Friesen 

- Kenora Women's Coalition, Valerie Kellberg and Rosalyn Copenace 

- Kenora District Campowner's Association, Dick Motlong 

- Confederation College of Applied Arts and Technology, 
Richard Staples, Danny Dumas and Brian Larson 

- Canadian Paperworkers Union, Local 238, 
Carl Stephens, President 

- The Kenora-Keewatin and District Labour Council, Carl Stephens 

- Reverend Stuart Harvey 

Whitedog - January 18, 1978 

- Islington Band [Whitedog Reserve], Chief Roy McDonald 

- Councillor Charles Wagamese 

- Lori Wagamese 

- Grand Council Treaty #3, John Kelly, Grand Chief 

- Grassy Narrows Band, Chief Simon Fobister 

- Fred Cameron 

- Baptist Bigblood 

- Tony Henry 

- William McDonald 

- Robert Land, Sr. 

- Tommy Keesick 

- Marcel Pahpahsay 

- Sister Simone Lefebvre 

- Anti-Mercury Ojibway Group [A-MOG], Tony Henry 

- Allan Carpenter 

Kenora - January 19, 1978 

- Ted Hall 

- Grand Council Treaty #3, John Kelly, Grand Chief 

- Grand Council Treaty //3, Chief Philip Gardner 

- Grand Council Treaty #3, Chief Peter Kelly 

- Grand Council Treaty #3, Willie Wilson 

- Grand Council Treaty #3, Nancy Morrison 

- Grand Council Treaty #3, Shirley Chapman 

- Shoal Lake Band, Chief Robin Greene 

- Grand Council Treaty //3, Colin Wasacase 

- Kenora Rotary Club, A. Dodds 

- Addiction Research Foundation, Garth Toombs and Joe Brown 

- Publicity Board of Kenora, Randy Jackson 

- Kenora-Rainy River District Health Council, Bob Muir 



Appendix 8 



10 



- Dave Schwartz 

- Mac Morrison 

- Barry Gibson 

- Atikaki Council, Marc Wermager, Executive Director 

- Kenora Physically Handicapped Action Group, Winnie Magnusson 

- Unorganized Communities Association of Northwestern Ontario, 
Kathy Davis, Executive Director 

- Thunder Bay Chamber of Commerce, Keith Jobbitt 

- North of Superior Travel Association, Keith Jobbitt 

- Law Union of Ontario, Bob Edwards 

- Mantario Wilderness Society, T.P. Walker 

- Kenora and District Chamber of Commerce, Doug Johnson 

- Barney Lamm 

- Fred Greene 

Moosonee - February 1, 1978 

- Grand Council Treaty //9, Chief Andrew Rickard, President 

- Moosonee Development Area Board, Ray Cool, Chairman 

- Arnold Peters, MP 

- James Bay Education Centre, Ivor Jones, Director 

- Moosonee Board of Trade, Harold Peters, Secretary 

- Moosonee Public School, Grade 8 

- Moosonee Recreation Committee, Jacques Begin 

- Daniel Spence 

- Northern Native Education Council, Richard Morris 

- North Cochrane District Family Services, Ron Pulsifer, President 

- Moosonee Metis Association, Bonnie Trapper 

- Bishop Leguerriere 

- Frederick Whiskeychan 

- WaWaTa Native Communications Society, Garnet Angeconeb 

- Joe Linklater 

- James Locke 

- Ross Irwin 

Moose Factory - February 2, 1978 

- James Wesley 

- Kashechewan Band, Chief Willie Stevens and 
Councillor Sinclair Williams 

- Attawapiskat Band, Chief Fred Wesley 

- James Bay Chiefs, Chief Tom Archibald 

- Fort Albany Band, Chief John Nakogee 

- Winisk Band, Chief Louis John-George 

- Minister of Indian Affairs and Northern Development, 
Honourable Hugh Faulkner 

- John Fletcher 

- Grade 5A, Moose Fort School, Susan Vincent 

- Gilbert Faries 

- Emile Nakogee 

- Moose Band, Chief Munroe Linklater 

- Grade 6B, Moose Factory Public School, Colleen McLeod and 
Wally Turner 

- Raphael Wabano 



Appendix 8 



- 11 - 



- St. Thomas' Anglican Church, Dr. Redford Louttit and 
Reverend J. A. Stennett 

- John Long 

- Grade 5, Moose Factory Public School, Lyle McLeod, 
Brian Wesley, Howard Rickard and Heather Faries 

- James Bay Cree Society, Peggy Sailors, Clifford Trapper and 
Ida Faries 

- Simeon Metat 

- Moose Factory Island Public School Board, 
Patrick Chilton, Secretary-Treasurer 

- Warner West 

- Ernie T.S. Sutherland 

- Margaret Solomon 

- Sinclair Cheechoo 

- George Katkapupit 

- Sinclair Williams 

- Grand Council Treaty #9, Chief A. Rickard 

Sioux Lookout - November 22, 1982 

- Chief Tom Fiddler and James Stevens 

- Town of Sioux Lookout, John Parry, Mayor 

- Lac Seul Band, Duncan Angeconeb, Jack Angeconeb 
and Tom Peetwayway 

- Sioux Lookout Chamber of Commerce, Arnold Beebe 

Sioux Lookout - November 23, 1982 

- Summer Beaver Settlement Council, Leonard Sugarhead, Albert 
Neshinapaise, Chief Mike Wabasse and Sandy Yellowhead 

- Tovm of Dryden, T.S. Jones, Mayor, George Boissoneault and 
Susan Wells, Councillors 

- Brian McMillan and David Peerla 

- Savant Sturgeon Tourist Outfitters Association, Dennis Mousseau 

- Dale Staimbrook 

- Dennis Mousseau 

- Ernie Farlinger 

- Grand Council Treaty #9, Wally McKay, Grand Chief; Chief Harvey 
Yesno, Central PDA; Chief Gerry McKay, Kayahna PDA; 

Josias Fiddler, Tribal Chief, Pehtabun PDA; 
Chief Andrew Kakepetura, Sandy Lake; and Grace Matawapit, 
District Tribal Co-ordinator , Windigo PDA Michael Quince 
Michael Quince 

Sioux Lookout - November 24, 1982 

- Sioux Lookout Trappers Association, Ian Marshall, President, and 
Wilfred Wingenroth 

- McKenzie Forest Products, Ted Couch, Comptroller, Mike Auld and 
Hal Brinley 

- Don Colborne 

- Wilfred Wingenroth and Family 

- Iris Czinkota 

- Michael Quince 

- Ontario Metis Association, Zone 1, Shirley O'Connor, 
Board Director 



Appendix 8 



12 - 



- Helen Garrett 

- Bearskin Lake Air Service Limited, Harvey Friesen 

- Joyce Timpson 

- Mary Davies 

- Parish Davies ' 

Red Lake - November 30, 1982 

- Green Airways, John A. Green 

- Ontario Metis Association, Tom O'Connor 

- Township of Red Lake, Orraond Sharpe, Reeve 

- Red Lake District Chamber of Commerce, Bob Axford 

- Mary Hopperstad 

Red Lake - December 1, 1982 

- Red Lake Public School, Students from Grades VII and VIH 

- Great Lakes Forest Products Limited, Warren S. Moore 

- Deer Lake Band, Chief Douglas Meekis 

- Hugh Carlson 

- Red Lake Indian Friendship Centre, Ross Mamakeesic 

- Ron Robinson and Richard Witham 

- Trout Lake Campers Association, Ron Booi 

- Nils Dahl, represented by Ron Booi 

- J.J. Richthammer, represented by Ron Booi 

- Red Lake District Chamber of Commerce, Bob Axford 

Ear Falls - December 2, 1982 

- Kenora District Campowners Association, Bruce Gethen, President 

- Township of Ear Falls, S. Leschuk, Reeve 

- Morris Sinclair 

- Andrea Langford 

- Fred Bergman 

- Mary Hopperstad 

- Hugh Carlson 

- Bruce Gethen 

- Red Lake District Chamber of Commerce, Ad Hoc Committee 

- Raymond Frank 

- Wm. Allen Geary 

Moosonee - January 11, 1983 

- Moosonee Development Board, Gerry McCauley, Chairman, and 
Ruben Ploughman 

- Northern Lights High School, Reverend John Clark 
and John Campbell 

- Bishop Jules Leguerrier 

- Ontario Metis Association, Zone 3, Earl Danyluk, 
Valerie McGregor and Kim McComb 

- Raphael Wabano, interpreted by Chief Reg. Louttit 

Moose Factory - January 12, 1983 

- Moose Factory Band, Chief Ernest Rickard 



Appendix 8 



13 



Moose Factory - January 13, 1983 

- Northern College of Applied Arts and Technology, Joe Drysdale, 
President 

- James Bay Tribal Council, Fred Wesley, Chairman 

- Attawapiskat Band Council, Chief Reg. Louttit 

- Richard Lueger 

- Norman Wesley 

Cochrane - January 18, 1983 

- Town of Cochrane, Mrs. Norah Kirkbride, Acting Mayor 

- Concerned Women's Group, Pauline LaRose and Dorothy Mercier 

- Town of Cochrane, Mrs. Norah Kirkbride, Acting Mayor 

- Lome Fleece 

- New Post Band #69, Chief Peter Archibald 

- Dan Kucheran 

Cochrane - January 19, 1983 

- Cochrane Tourist Outfitters Association, Lloyd Rogerson 

- Ininew Friendship Centre, Gerald Courville, Vice-President 

- Town of Iroquois Falls, Lawrence Cutten, Mayor 

- Ray Brisson 

Hearst - January 20, 1983 

- Town of Hearst, Gilles Gagnon, Mayor 

- Town of Hearst, Robert Trahan, Councillor 

- Gilbert Heroux, represented by Victor Granholm 

- Hearst Chamber of Commerce, Rene Fontaine 

- Bart Verruyt 

- Township of Mattice, Paul Zorzetto, Reeve 

- Cobie Love 

- Nordex, represented by Jean Piche 

- Suzanne Veilleux 

- Victor Granholm 

Armstrong - January 27, 1983 

- Armstrong Wilderness Outfitters Association, Warren Smith 

- Armstrong Area Chamber of Commerce, Joyce Neill, Vice-President 

- Armstrong Wilderness Outfitters, Warren Smith, Wes Werbowy and 
Don Plumridge 

- Frontier College, Jack Pearpoint, President, represented by 
Ed Mac Arthur 

- Donald Patience 

- Gus Kotter 

- Armstrong Metis Association, Hector King, President, 
Harry Sinoway and Mike McGuire 

- Whitesands Band, Chief Doug Sinoway 

- Gull Bay Reserve #55, Chief Tim Esquega 



Appendix 8 



- 14 - 



Geraldton - February 1, 1983 

- Town of Geraldton, Michael Power, Mayor 

- Pioneer Club, Mrs. Ginger Ball 

- Amikwiish, Michael Power 

- Economic Development Sub Committee of the Northwestern Ontario 
International Women's Decade Council, Julie Fels and 

Laurie Cunningham 

- Lake Nipigon Metis Association, Patrick McGuire Sr., President, 
and Bart Verruyt 

- Pagwa Metis Association, Bart Verruyt 

- Eugene LeFrancois 

Geraldton - February 2, 1983 

- Township of Nakina, Rae Mercier, Deputy Reeve 

- Al Korkola, Principal, Geraldton Composite High 

- Rocky Bay Indian Reserve #1, Roger Nakanagis, Acting Chief, and 
Jerry Wynne 

Timmins - February 15, 1983 

- Northern Ontario Tourist Outfitters, Roger Liddle, Executive 
Director 

- Timmins Chamber of Commerce, Bruce Del Guidice, President, 
Michael Opper representing W.C. Schure, and Roy Lindsay 

- Faucher Logging Limited, Antonio Faucher, interpreted by 
Treva Cousineau 

- City of Timmins, Victor Power, Mayor 

- Georges Nadeau 

- Danny Villars 

Tinnnins - February 16, 1983 

- Hollinger-Argus Mines Limited, J.B. Stubbins 

- Association canadienne-francaise de 1' Ontario, 
Jocelyn Beauchamps, Timmins area; David Comerford, 
Cochrane-Iroquois Falls area; and Andre Rheaurae, 
Hearst-Smooth Rock Falls area 

- Prospectors and Developers Association, Ralph Allersten, 
President 

- David and Joanne Sewell 

- Timmins Horticultural Society, Kees Stryland 

- Town of Hearst, Jan Newsome , Secretary-Treasurer 

- Canadian Institute of Forestry, Jacques Tremblay 

- Ontario Paper Company, Rob Torachick 

- Brad Sloan 

Thunder Bay - February 21, 1983 

- City of Thunder Bay and the Thunder Bay Economic Development 
Corporation, Richard Charbonneau, General Manager 

- Lakehead University, Dr. R. Rosehart, Dean of 
University Schools, and Dr. J. Stapleton, Dean of Education 

- Michael Dunnill 



Appendix 8 



- :5 - 



- Confederation College of Applied Arts and Technology, 
Ralph Scarf, Dean of Continuing Education, and Larry Hanson, 
Director of Projects and Community Services 

- Communist Party of Canada [Ontario], John MacLennan, Ontario 
Organiser; Gordon Massie, Ontario Leader; Bruce Magnusson, 
Ontario Northern Development Secretary; and Paul Pugh 

- Tovmship of Beardmore , Eric Rutherford, Reeve 

- Ray Furlotte 

Thunder Bay - February 22, 1983 

- Algoma Central Railway, W.L. Oliphant, Manager, 
Lands & Forests Division 

- Canadian Society of Environmental Biologists, J.E. Hanna 

- Employment and Immigration Canada, Paul Scott, 
Chief of Affirmative Action 

- Ontario Lumber Manufacturer's Association, J.M. Atkinson 

- Conservation Council of Ontario, Simon Miles, Researcher 

Thunder Bay - February 23, 1983 

- Algonquin Wildlands League, Arlin Hackman, Executive Director 

- Ontario Metis Association, Wil Hedican 

- Dr. J. David Martin 

- Janice Yule 

- Parks for Tomorrow, David Bates and Bill Addison 

- North Shore Citizen's Committee for Responsible 
Forest Management, Gordon Whitely 

- Sidney Fels and Brian Corbishley 

Thunder Bay - April 11, 1983* 

Submitter - Summer Beaver Settlement Council, Donald Colborne, 
Counsel; Leonard Sugarhead; Albert Neshinapaise , 
Economic Development Co-ordinator; Leonard Sugarhead; 
Chief Mike Wabasse; Sandy Yellowhead, Councillor 

Parties - Red Lake District Chamber of Commerce, 
David Meadows, Counsel 

- Summer Beaver Settlement Council, Donald Colborne, 
Counsel, and Mary Kelly, Counsel 

- Sioux Lookout Trappers Council, Wilfred Wingenroth 

- Kayahna Area Tribal Council, 
George Surdykowski , Counsel 

Witness - Ministry of Natural Resources, 
Honourable Alan Pope, Minister 

Thunder Bay - April 27-28, 1983* 

Parties - Northern Ontario Tourist Outfitters Association, 
Robert B. Bell, Counsel 

- Kayahna Area Tribal Council, George Surdykowski, 
Counsel 

*These hearings included formal examination and cross-examination 
of witnesses. 



Appendix 8 



- 16 



- Summer Beaver Settlement Council, Mary Kelly, Counsel 

- Red Lake District Chamber of Commerce, David Meadows, 
Counsel 

- Sioux Lookout Trappers Council, Wilfred Wingenroth 
Witness - Deer Lake Band, Morley Meekis 

- Summer Beaver Settlement Council 

- Ministry of the Environment, J.N. Mulvaney, Q.C.; 
M.B. Jackson, Q.C.; David Redgrave, Assistant Deputy 
Minister; Paul Rennick, Director of the Environmental 
Assessment Branch; Wally Vrooraan, Regional Director 
Northwest Region; Robert Hodgins; 

and Charles J. Paulter 

Fort Severn - June 2, 1983 

- Fort Severn Band Council, Ken Thomas, Band Administrator 

- Fort Severn Local Land Use Study, Archie Stoney, Co-ordinator 

- Abel Bluecoat, interpreted by Archie Stoney 

- James Matthews, interpreted by Archie Stoney 

- Sammy Bluecoat, interpreted by Archie Stoney 

- Elijah Albany, interpreted by Archie Stoney 

- Geordie Thomas, interpreted by Archie Stoney 

- Jeremiah Stoney, interpreted by Archie Stoney 

- Chief Enus Crowe, interpreted by Archie Stoney 

- Elijah Stoney, interpreted by Archie Stoney 

- Ed Koostachin 

Kingfisher Lake - June 14, 1983 

- Mary Lou Frogg 

- Swanson Mekanak, interpreted by Bill Mamakeesic 

- Chief Simon Sakakeep, interpreted by Elijah Begg 

- John George Sainnewap, interpreted by Elijah Begg 

- James Mamakwa, Band Administrator 

- Noah Winter, interpreted by Bill Mamakeesic 

- Swanson Mekanak, interpreted by Bill Mamakeesic 

- Rhoda Winter, interpreted by Bill Mamakeesic 

- Ina Mamakwa, interpreted by Bill Mamakeesic 

- Janet Mekanak, interpreted by Bill Mamakeesic 

- Metias Sainnewap, interpreted by Bill Mamakeesic 

- Isaac Kaomi , interpreted by Bill Mamakeesic 

- Lydia Begg, interpreted by Bill Mamakeesic 

- Reverend Winter, interpreted by Bill Mamakeesic 

Wunnummin Lake - June 13, 1983 

- Isiaah Mamakwa, interpreted by Simon Winnepetonga 

- George Sainnawap, interpreted by Dean Cromarty 

- Thomas Angees, interpreted by Dean Cromarty 

- Alex McKay, interpreted by Simon Winnepetonga 

- Isiaah Gliddy, interpreted by Simon Winnepetonga 

- Jordas Angus, interpreted by Simon Winnepetonga 

- Reverend Moses Angees, interpreted by Dean Cromarty 

- Charlie Beaver, interpreted by Simon Winnepetonga 



Appendix 8 



- 1? 



- Sam McKay, interpreted by Simon Winnepetonga 

- Eli Chinow, interpreted by Dean Cromarty 

- Joseph Giiddy, interpreted by Simon Winnepetonga 

- Joe Bighead, interpreted by Dean Cromarty 

- David McKay, interpreted by Simon Winnepetonga 

- Peter Martin, interpreted by Simon Winnepetonga 

Kasabonika Lake - June 16, 1983 

- Chief Jeremiah McKay, interpreted by Mike Morris 

- Simeon McKay, interpreted by Roy Gregg 

- Martine Morris, interpreted by Roy Gregg and Mike Morris 

- Sarah Mamakwa, interpreted by Mike Morris 

- Elijah Anderson, interpreted by Mike Morris 

- William Anderson, interpreted by Mike Morris 

- Elizabeth D. Anderson, interpreted by Mike Morris 

- David E. Anderson, interpreted by Mike Morris 

- Emily Gregg, interpreted by Gordon Morris 

- Jacob Winter, interpreted by Gordon Morris 

- Levi Brown, interpreted by Gordon Morris 

- Eno Anderson 

- Jimmy Anderson, interpreted by Gordon Morris 

- Irene Semple, interpreted by Gordon Morris 

- Christine C. Anderson, interpreted by Gordon Morris 

- Eno Anderson, on behalf of the youth of the community 

- Harry Semple, interpreted by Gordon Morris 

- Gordon Morris 

- Josie Anderson 

- Barnabus Gregg, interpreted by Gordon Morris 

- Geordie Semple, interpreted by Gordon Morris 

- Douglas Semple 

Wapekeka - June 17, 1983 

- Angus Brown, interpreted by Stanley McKay 

- Jeremiah Winter, interpreted by Stanley Winter 

- Albert McKay, interpreted by Stanley McKay 

- Anninias Winter, interpreted by Stanley McKay 

- Saggius Frogg 

- Charlie Roundsky, interpreted by Simon Frogg 

- Simeon Crowe, interpreted by Simon Frogg 

- Chief Simon Brown, Interpreted by Simon Frogg 

- Alan Brown 

- Simon Frogg 

Wunnunnnin Lake - June 20, 1983 

- Chief John Bighead, interpreted by Bill Mamakeesic 
Big Trout Lake - June 22, 1983 

- Chief Gerry McKay 

- Joe Morris, interpreted by Stanley Sainnewap 

- Mary Ann Anderson, interpreted by Stanley Sainnewap 

- Jonas Duncan, interpreted by Stanley Sainnewap 



Appendix 8 



- 18 - 



- Aglace McKay, interpreted by Stanley Sainnewap 

- Mike Anderson, interpreted by Stanley Sainnewap 

- Daniel Nanokeesic, interpreted by Stanley Sainnewap 

- Reverend Alan Hardley, interpreted by Stanley Sainnewap 

- Steve Morris, interpreted by Stanley Sainnewap 

- Bill Morris, interpreted by Stanley Sainnewap 

- Solomon Begg 

- Elizah Childs, interpreted by Stanley Sainnewap 

- George Duncan, interpreted by Stanley Sainnewap 

- Levi McKay, interpreted by Stanley Sainnewap 

- Rubina Chapman, interpreted by Stanley Sainnewap 

Toronto - June 29, 1983* 

Parties - Deer Lake Band, Adrian Hill, Counsel 

- Kayahna Area Tribal Council, 
George Surdykowski, Counsel 

Witness - Ministry of Natural Resources, Honourable Alan Pope, 
Minister 

Toronto - June 30, 1983* 

Parties - Red Lake District Chamber of Commerce, Adrian Hill, 
Counsel 

- Kayahna Area Tribal Council, George Surdykowski, 

Counsel 

- Great Lakes Forest Products Limited, 
Reno Stradiotto, Q.C., Counsel 

- Sioux Lookout Trappers' Council, Wilfred Wingenroth 
Witness - Great Lakes Forest Products Limited, Warren S. Moore 

Fort Hope - September 21, 1983 

- Fort Hope Band, Joyce Kleinfelder, Consultant, and 
Chief Harvey Yesno 

- Noah Atlookan 

- Temius Nate 

- Minnie Iskineegish 

- Stanley Okeese 

- Patrick Moonias 

- Cornelius Nate 

- Gordon Waswa 

- Henry Boyce 

- Thomas Moonias 

Fort Hope - September 22, 1983 

- Charlton Slipper jack 

- Solomon Atlookan 

- Louis Nate 

*These hearings included the formal examination and 
cross-examination of witnesses. 



Appendix 8 



19 - 



- Andrew Waboose 

- Steven Atlookan 

- Ida Atlookan 

- Louis Waswa 

- Johnny Keeskadie 

- Robert Moonlas 

- John Quisses 

- Noah Atlookan 

- David Boyce 

- Solomon Wabano 

- Helen Neshinapaise 

- Donat Moonias 

- Victoria Atlookan 

- Christine Yesno 

Fort Hope - September 23, 1983 

- Edward Nate 

- Noah Atlookan 

- Andrew Nate 

- Temius Nate 

- Chief Harvey Yesno 



Appendix 8 



- 1 



WRITTEN SUBMISSIONS AND EXHIBITS PRESENTED TO 
THE ROYAL COMMISSION ON THE NORTHERN ENVIRONMENT 



WRITTEN SUBMISSIONS TO MR. JUSTICE E. PATRICK HARTT 

ABITIBI PAPER COMPANY LIMITED, H. Rosier, President 

ADOLESCENT PROGRAM, MOOSE FACTORY ZONE, Dr. D.W. Richardson 

ALGOMA CENTRAL RAILWAY, S.A. Black, General Manager 

ALGOMA STEEL CORPORATION LIMITED, John MacNamara, President 

ASSOCIATION OF NATURAL RESOURCES TECHNICIANS 

BALMERTOWN, THE IMPROVEMENT DISTRICT OF 

BENNETT, Ruth, Ovid, Colorado 

BRENNAN, Roger, Windsor, Ontario 

BROUGHTON, Jim, Milton, Ontario 

CALVIN CHRISTIAN MEMORIAL SCHOOL 

CANADIAN BROADCASTING COEIPORATION 

CANADIAN PULP AND PAPER ASSOCIATION, Gordon Minnes, Secretary 

COLLINS, John J., Toronto, Ontario 

CORRISTINE, Susan, Toronto, Ontario 

CROFTS, Bruce H., Toronto, Ontario 

DINGLE, Jennifer, Downsview, Ontario 

DOMINION FOUNDRIES & STEEL LIMITED, F.H. Sherman, President 

DOMTAR WOODLANDS LIMITED, H.J. Iverson, R.P.E., 

Manager of Forestry 
FEAR, Julia K. , Toronto, Ontario 
FINLAYSON, Donald, Toronto, Ontario 
FORD, Paul M. , Elmira, New York 
FRANKEL, Jessica, San Diego, California 
GERALDTON DISTRICT AIRPORT COMMISSION 

GERALDTON DISTRICT HOSPITAL, Bessie P. Newman, Administrator 
GRIFFITHS, CO., Oxdrift, Ontario 
HALL, Michael B., Mount Berry, Georgia 
KAMINISTIQUIA THEATRE LABORATORY, Michael Sobota 
KENDRICK, Loreine Y., Brooklyn, New York 
KITCHENER-CONESTOGA ROTARY CLUB 
KLAPPER, Marion Foley, Jamaica, New York 
KUCHERAN, Dan M. 
LEE, Peter, Winnipeg, Manitoba 
LESIUK, John, Red Lake, Ontario 
LIEDTKE, G.A., Ear Falls, Ontario 

MALACHIE CAMPERS' ASSOCIATION, D. Bruce Main, President 
MARTIN, David, Lakehead University 
MATTSON, Ronald E. , Minneapolis, Minnesota 
MERKLI, Guido, Dryden, Ontario 
MOFFAT, D.S., Ottawa, Ontario 
MORTON, Irma, Geraldton, Ontario 

MUNICIPAL ADVISORY COMMITTEE ON PROVINCIAL PLANNING, Northwestern 
Ontario, Dale Willoughby, Chairman 
NATIONAL SURVIVAL INSTITUTE, Beatrice Oliverstri 
ONTARIO FORESTRY ASSOCIATION, W.T. Foster, President 
ONTARIO MINISTRY OF THE ATTORNEY GENERAL 

ONTARIO MINISTRY OF HOUSING, D.A. Crosbie, Deputy Minister 
ONTARIO MINISTRY OF INDUSTRY AND TOURISM 



Appendix 9 



- 2 - 



PIPPY, Harold, Burlington, Ontario 

PRESBYTERIAN CHURCH IN CANADA Board of World Mission 

PRESS, Maria J., Brooklyn, New York 

PRESSMAN, Ruth V., Brooklyn, New York 

PYLE, Kathy, Delhi, New York 

REID, Patrick, MPP, Rainy River District 

ROWLEY, John P., Richmond, Virginia 

RUTHERFORD, S.B., Orono, Ontario 

SAVAGE, Harvey S. , Toronto, Ontario 

SCHUTZ, J. Evelynn, Central City, Nebraska 

SIPPELL, David W. , Sioux Lookout, Ontario 

SUK, Jennifer, St. Catharines, Ontario 

TELESTAT CANADA, Douglas Golden, President 

TETROE, Gordon, Kenora, Ontario 

THUNDER BAY & DISTRICT LABOUR COUNCIL 

UNITED SOCIETY OF FRIENDS WOMEN, I.W. Patrick, 

Stewardship Secretary 
UNITED STEEL WORKERS OF AMERICA, G. Wonnick 
VACHON, Joanne, North Bay, Ontario 
VALOIS, Elizabeth, Narragansett, Rhode Island 
WALSH, Norman, Oneonta, New York 
WARING, Y., Jefferson, New York 
WHITE, Jo-anne, Sudbury, Ontario 

WOLFE, Robert and Catherine, New Liskeard, Ontario 
IffilGHT, Daniel A., Atikokan, Ontario 

WRITTEN SUBMISSIONS TO J.E.J. FAHLGREN 

ABITIBI-PRICE INC., G.P. Breckenridge, R.P.F., Divisional Woods 

Manager, Iroquois Falls, Ontario 
ABITIBI-PRICE INC., N.J. Saltarelli, Divisional Forester, 

Iroquois Falls, Ontario 
ABITIBI-PRICE INC., J.E. Tait, General Manager, Woodlands and 

Sawmills, Ontario-Manitoba, Toronto, Ontario 
ALGOMA CENTRAL RAILWAY, W.L. Oliphant, R.P.F., Manager, 

Lands & Forests Division, Sault Ste. Marie, Ontario 
AMIKWIISH, Michael Power, Geraldton, Ontario 
ANDERSON, David, Kasabonika Lake, Ontario 
ANDERSON, Elijah, Kasabonika Lake, Ontario 
ANDERSON, Elizabeth, Kasabonika Lake, Ontario 
ANDERSON, Isaac, Kasabonika Lake, Ontario 
ANDERSON, Jimmy, Kasabonika Lake, Ontario 
ANDERSON, Josie, Kasabonika Lake, Ontario 
ANDERSON, Moses, Kasabonika Lake, Ontario 
ANDERSON, William, Kasabonika Lake, Ontario 
ANISHINABIE, Bennett, Deer Lake, Ontario 
ARMSTRONG AREA CHAMBER OF COMMERCE, Loretta Foss, Secretary, 

Armstrong, Ontario 
ARMSTRONG METIS ASSOCIATION, Hector King, President, 

Armstrong, Ontario 
ARMSTRONG WILDERNESS OUTFITTERS, W. Smith, Armstrong, Ontario 
ARTHUR, K. Elizabeth, Thunder Bay, Ontario 
ASSOCIATION CANADIENNE-FRANCAISE DE L' ONTARIO, 

Jocelyn R. Beauchamp, Timrains, Ontario 
ASSOCIATION OF CANADIAN UNIVERSITIES FOR NORTHERN STUDIES, 

Ottawa, Ontario 



Appendix 9 



- 3 - 



ATTAWAPISICM BAND COUNCIL, Attawpiskat, Ontario 
BEARDMORE, TOWNSHIP OF, Eric Rutherford, Reeve, 

Beardmore, Ontario 
BEARSKIN LAKE AIR SERVICE LIMITED, Harvey Friesen, 

Sioux Lookout, Ontario 
BEARSKIN LAKE BAND, Severn Fox, Bearskin Lake, Ontario 
BEATON, Brian, Sioux Lookout, Ontario 
BEGG, Simeon, Kasabonika Lake, Ontario 
BROCK UNIVERSITY, Fikret Berkes, Pli.D., Institute of Urban and 

Environmental Studies, St. Catharines, Ontario 
BROWN, Levi, Kasabonika Lake, Ontario 
CAMPBELL RED LAKE MINES LIMITED, C.H. Brehaut , Vice-President, 

Operations, Toronto, Ontario 
CANADIAN ENVIRONMENTAL LAW RESEARCH FOUNDATION, R. Woods, 

Project Director, Toronto, Ontario 
CANADIAN INSTITUTE OF FORESTRY, J.F. Tremblay, Section Director, 

Northern Ontario Section, Ottawa, Ontario 
CANADIAN SOCIETY OF ENVIRONMENTAL BIOLOGISTS, Ontario Chapter, 

J.E. Hanna, Toronto, Ontario 
CANADIAN WILDLIFE FEDERATION, K.A. Brynaert, 

Executive Vice-President, Toronto, Ontario 
CARLSON, Hugh, Red Lake, Ontario 
CATHOLIC DIOCESE OF MOOSONEE, Jules Leguerrier, O.M.I. , 

Bishop of Moosonee, Moosonee, Ontario 
COCHRANE ENTERPRISES LIMITED, Jack Phillips, Woodland Manager, 

Cochrane, Ontario 
COCHRANE, CORPORATION OF THE TOWNSHIP OF, J.R. Fortier, Mayor, 

Cochrane, Ontario 
COCHRANE TOURIST OUTFITTERS ASSOCIATION, Lloyd Rogerson, 

Cochrance, Ontario 
COLBORNE, D.R. , Thunder Bay, Ontario 
COMMUNIST PARTY OF CANADA (ONTARIO), J. MacLennan, 

Ontario Organiser, Toronto, Ontario 
CONCERNED WOMEN'S GROUP, P. LaRose, Iroquois Falls, Ontario 
CONFEDERATION COLLEGE OF APPLIED ARTS AND TECHNOLOGY, 

B.E. Curtis, President, Thunder Bay, Ontario 
DAHL, Nils v.. Red Lake, Ontario 

DEER LAKE BAND, Chief Douglas Meekis, Deer Lake, Ontario 
DEVELOPMENT EDUCATION CENTRE, Toronto, Ontario 
DOME MINES GROUP, C.H. Brehaut, Vice-President, Operations, 

Toronto, Ontario 
DRYDEN, TOWN OF, Mayor T.S. Jones 
DUNNILL, Michael, Thunder Bay, Ontario 
EAR FALLS, COUNCIL OF THE TOWNSHIP OF, Reeve, S.R. Leschuk, 

Ear Falls, Ontario 
EAR FALLS-PERRAULT FALLS TOURIST OUTFITTERS ASSOCIATION, 

Andrea Langford, Ear Falls, Ontario 
E.B. EDDY PRODUCTS LIMITED, William Schure, General Manager, 

McChesney Lumber Division, Timrains, Ontario 
FEDERAL DEPARTMENT OF EMPLOYMENT AND IMMIGRATION, Paul Scott, 

Chief, Affirmative Action, Ontario Region, Toronto, Ontario 
FEDERAL DEPARTMENT OF THE ENVIRONMENT, Honourable John Roberts 
FEDERAL DEPARTMENT OF THE ENVIRONMENT, H.L. Ferguson, 

Regional Director General 
FEDERAL DEPARTMENT OF INDUSTRY, TRADE & COMMERCE, 

D.C. Graham, Director-General, Operations, Ontario Region 



Appendix 9 



- 4 



FEDERAL ENVIRONMENTAL ASSESSMENT REVIEW OFFICE, 

R.M. Robinson, Executive Chairman, Hull, Quebec 
FELS, Sydney and CORBISHLEY, Brian, Thunder Bay, Ontario 
FIDDLER, Chief Thomas and STEVENS, James 

FORMER CHIEFS COMMITTEE OF WINISK, Louis Bird, Winisk, Ontario 
FORT FRANCES CHAMBER OF COMMERCE, Gordon McBride, President, 

Fort Frances, Ontario 
FORT SEVERN BAND COUNCIL, Fort Severn, Ontario 
FROGG, Charlie, Kasabonika Lake, Ontario 

FRONTIER COLLEGE, J.C. Pearpoint , President, Toronto, Ontario 
GARRETT, Mrs. Helen, Ignace, Ontario 
GEARY JR., W.A. , Red Lake, Ontario 
GERALDTON BOARD OF EDUCATION, N.R. Labranche, 

Business Administrator, Geraldton, Ontario 
GERALDTON COMPOSITE HIGH, A. Korkola, Principal, 

Geraldton, Ontario 
GIBSON, P.S., Timmins, Ontario 
GREAT LAKES FOREST PRODUCTS LIMITED, W.S. Moore, Manager, 

Forestry Operations, Thunder Bay, Ontario 
GREGG, Emily, Kasabonika, Ontario 

HEARST, TOWN OF, Robert Trahan, Councillor, Hearst, Ontario 
HEARST PLANNING BOARD, Jan Newsorae, Secretary-Treasurer, 

Hearst Ontario 
HEROUX, G.D., Hearst, Ontario 

HOLLINGER ARGUS LIMITED, J.B. Stubbins, P.Eng., Toronto, Ontario 
HUBBERT, G.R., Markdale, Ontario 
ININEW FRIENDSHIP CENTRE, Board of Directors, Gerald Courville, 

Vice-President, Cochrane, Ontario 
IROQUOIS FALLS, TOWN OF, Gina M. Fernandez 

JAMES BAY FRONTIER, Guy Lamarche, Manager, Timmins, Ontario 
JAMES BAY TRIBAL COUNCIL, F.P. Wesley, Chairman, 

Moose Factory, Ontario 
JONES, T.S., Consultant, Dryden, Ontario 
KASABONIKA LAKE BAND, Kasabonika Lake, Ontario 
KASABONIKA TRAPPERS, G. Morris, Kasabonika Lake, Ontario 
KAYAHNA TRIBAL COUNCIL, Big Trout Lake, Ontario 
KENORA DISTRICT CAMP OWNERS ASSOCIATION, Bruce Gethen, President, 

Perrault Falls, Ontario 
KINGFISHER LAKE BAND, Kingfisher Lake, Ontario 
KOTTER, Gus, Armstrong, Ontario 
KUCHERAN, DAN, Kapuskasing, Ontario 
LAC SEUL ANISHNABEG (INDIAN BAND), Chief Percy Ningewance 

and Band Council, Lac Seul , Ontario 
LAKEHEAD UNIVERSITY, C.A. Benson, Association Professor, 

Thunder Bay, Ontario 
LAKE NIPIGON METIS ASSOCIATION, P. McGuire Sr. , President, 

Thunder Bay, Ontario 
LES INDUSTRIES NORDEX, Jean Piche , Hearst, Ontario 
LINDBERGH'S HUNTING & FISHING AIR SERVICE LIMITED, 

Lloyd Rogerson, Cochrane, Ontario 
LOVE, Cobie M. 

MAMAKWA, Sarah, Kasabonika Lake, Ontario 

MARTIN FALLS INDIAN RESERVE, T. Moonias, Ogoki Post, Ontario 
MARTIN, J. David, Ph.D., Thunder Bay, Ontario 
MATTICE-VAL COTE, CORPORATION OF THE UNION OF TOWNSHIPS OF EILBER 

AND DEVITT, Reeve, Paul Zorzetto 



Appendix 9 



5 - 



McKAY, SIMEON, Kasabonika Lake, Ontario 

McKENZIE FOREST PRODUCTS INC., Hudson, Ontario 

McLennan, E.T., Thunder Bay, Ontario 

McMillan, Brian and PEERLA, David, Thunder Bay, Ontario 

MEEKIS, Beatrice Ann, Deer Lake, Ontario 

MEEKIS 

MEEKIS 

MEEKIS 

MEEKIS 

MEEKIS 

MEEKIS 

MEEKIS 

MEEKIS 

MEEKIS 

MEEKIS 

MEEKIS 

MEEKIS 

MEEKIS 



Bertha, Deer Lake, Ontario 
Frank, Deer Lake, Ontario 
Harri, Deer Lake, Ontario 
Ian, Deer Lake, Ontario 
Isaac, Deer Lake, Ontario 
Jeannette, Deer Lake, Ontario 
Kenina, Deer Lake, Ontario 
Larry, Deer Lake, Ontario 
Paul, Deer Lake, Ontario 
Pieut, Deer Lake, Ontario 
Sarah, Deer Lake, Ontario 
Stewart Matthew, Deer Lake, Ontario 
William, Deer Lake, Ontario 
MOOSONEE METIS & NON STATUS INDIAN ASSOCIATION, Earl Danyluk, 

Project Co-ordinator, Moosonee, Ontario 
MOOSONEE/MOOSE FACTORY TOURIST ASSOCIATION, CM. Hennessy, 

Chairman, Moosonee, Ontario 
MORRIS, Martine, Kasabonika, Ontario 
MOUSSEAU, Dennis, Savant Lake, Ontario 
MUNN, Eric, Kirkland Lake, Ontario 
MUN-SO-KAHN METIS ASSOCIATION, Brad Cockroft, Eugene Lafrancois, 

Thunder Bay, Ontario 
MUSKRAT DAM BAND, Muskrat Dam, Ontario 
NADEAU, G.E., Timmins , Ontario 
NAKINA, TOWNSHIP OF, Raymonde Mercier, Deputy Reeve, Nakina, 

Ontario 
NEW POST BAND //69, Chief Peter Archibald, Cochrane, Ontario 
NISHNAWBE-ASKI NATION, Central Region Project Development Area, 

Chief Harvey Yesno, Fort Hope, Ontario 
NORTH CARIBOU LAKE BAND, Chief J.J. Quequish, Weagaraow Lake, 

Ontario 
NORTHERN COLLEGE OF APPLIED ARTS AND TECHNOLOGY, J.H. Drysdale, 

President, South Porcupine 
NORTHERN ONTARIO TOURIST OUTFITTERS ASSOCIATION, Roger Liddle, 

Executive Director, North Bay, Ontario 
NORTH SHORE CITIZEN'S COMMITTEE FOR RESPONSIBLE FOREST MANAGEMENT, 

Gordon Whiteley, Pass Lake, Ontario 
NORTHWESTERN ONTARIO INTERNATIONAL WOMEN'S DECADE COUNCIL, 
Economic Development Sub-Committee, Thunder Bay, Ontario 
ONTARIO ENERGY CORPORATION, K.W. Brush, Manager, Energy Resources, 

Toronto, Ontario 
ONTARIO FORESTRY ASSOCIATION, J.D. Coats, 

Executive Vice President, Willowdale, Ontario 
ONTARIO HYDRO, J.E. Wilson, Manager, Public Hearings, 

Toronto, Ont. 
ONTARIO LUMBER MANUFACTURER'S ASSOCIATION, Rene Fontaine, 

President, Toronto, Ontario 
ONTARIO METIS ASSOCIATION, Wil Hedican, Toronto, Ontario 
ONTARIO METIS ASSOCIATION, Zone III, Bart Verruyt, Director, 

Hearst, Ontario 
ONTARIO MINING ASSOCIATION, Bruce Campbell, Assistant to the 
Executive Director, Toronto, Ontario 

Appendix 9 



6 - 



ONTARIO MINING ASSOCIATION, J.M. Hughes, Toronto, Ontario 
ONTARIO MINISTRY OF AGRICULTURE & FOOD, Honourable D.R. Timbrell 
ONTARIO MINISTRY OF AGRICULTURE & FOOD, Duncan Allan, 

Deputy Minister ONTARIO MINISTRY OF CITIZENSHIP & CULTURE, M.F. 
Carim, Economic Development Consultant, Native Community Branch 
ONTARIO MINISTRY OF COMMUNITY & SOCIAL SERVICES, M.J. MacMillan, 

Co-ordinator for Children's Services, Moosonee, Ontario 
ONTARIO MINISTRY OF ENERGY, Honourable Keith C. Norton 
ONTARIO MINISTRY OF ENERGY, Honourable Robert Welch 
ONTARIO MINISTRY OF HEALTH, G.W. Scott, Q.C., Deputy Minister, 
ONTARIO MINISTRY OF INDUSTRY & TRADE, Bernard Ostry, 

Deputy Minister 
ONTARIO MINISTRY OF LABOUR, T.E. Armstrong, Deputy Minister 
ONTARIO MINISTRY OF LABOUR, P.V. Kivisto, P.Eng., Area Mining 

Engineer, Occupational Health & Safety Branch Division, Mining 

Health & Safety Branch, Timmins, Ontario 
ONTARIO MINISTRY OF NATURAL RESOURCES, Honourable Alan Pope 
ONTARIO MINISTRY OF NATURAL RESOURCES, C.E. Emglin, 

District Manager, Hearst, Ontario 
ONTARIO MINISTRY OF NORTHERN AFFAIRS, Mel Mousseau, 

Northern Affairs Officer, Hearst, Ontario 
ONTARIO MINISTRY OF TOURISM & RECREATION, Peter R. Spik, 

Tourism Industry Consultant, Timmins, Ontario 
ONTARIO MINISTRY OF TRANSPORTATION & COMMUNICATIONS, 

Honourable James Snow 
ONTARIO MINISTRY OF TRANSPORTATION & COMMUNICATIONS, 

H.F. Gilbert, Deputy Minister 
ONTARIO MINISTRY OF TRANSPORTATION & COMMUNICATIONS, B.D. 

Roberts, Sr Environmental Planner (for D.E. Monkhouse, 

Head, Planning & Design) North Bay, Ontario 
OSKINEEGISH, Charlie, Kasabonika, Ontario 
PAMOUR PORCUPINE MINES LIMITED, A. Schwartz, P.Eng., 

Timmins, Ontario PARKS FOR TOMORROW, W.D. Addison, 

Kakabeka Falls, Ontario 
PAROHL, Charles, Red Rock, Ontario 
PAULUCCI, Jeno F. , Robert E. Heller on behalf of 

Duluth, Minnesota 
PEHTABUN CHIEFS TRIBAL COUNCIL, Josias Fiddler, 

Sandy Lake, Ontario 
PIONEER CLUB, Ginger Ball, Geraldton, Ontario 
POLAR GAS PROJECT, K.G. Taylor, Supervisior, 

Environmental Programs, Toronto, Ontario 
POPULAR MOVEMENT FOR THE LIBERATION OF THE RIVER ALBANY, 

R. Moonias, Ogoki Post, Ontario 
PROSPECTORS & DEVELOPERS ASSOCIATION, Toronto, Ontario 
QUILL, Larry, Deer Lake, Ontario 
RANDA, Ty, Cochrane, Ontario 
RED LAKE DISTRICT CHAMBER OF COMMERCE, Box Axf ord , 

Red Lake, Ontario 
RED LAKE DISTRICT MEN'S AOTS CLUB, Jack McEwen, Red Lake, Ontario 
RED LAKE INDIAN FRIENDSHIP CENTRE, 

Ross Mamakeesic, Red Lake, Ontario RED LAKE LOGGING CONTRACTORS, 
Floyd Drager, Red Lake, Ontario 
ROCKY BAY INDIAN RESERVE #1, Chief Mike Hardy Sr., 

MacDiarmid, Ont. 
SACHIGO LAKE BAND, Sachigo Lake, Ontario 



Appendix 9 



7 - 



SAVANT LAKE NATIVE COMMUNITY, Edward Machimity, 

Savant Lake, Ontario 
SAVANT STURGEON TOURIST OUTFITTERS ASSOCIATION, 

Dennis Mousseau, Sioux Lookout, Ontario 
SAWANAS, Ananios, Deer Lake, Ontario 
SAWANAS, Helen, Deer Lake, Ontario 
SAWANAS, Matt, Deer Lake, Ontario 
SCHAEDEL, Hans, Madsen, Ontario 
SEMPLE, Douglas, Wunnurain Lake, Ontario 
SEMPLE, Harry, Kasabonika Lake, Ontario 
SEWELL, J.L. & D.St. A., Timmins , Ontario 
SIOUX LOOKOUT, CORPORATION OF THE TOWN OF, 

Mayor John Parry, Sioux Lookout, Ontario 
SIOUX LOOKOUT CHAMBER OF COMMERCE, 

Arnold Beebe, Sioux Lookout, Ontario 
SIOUX LOOKOUT, HUDSON TOURIST OUTFITTERS ASSOCIATION, 

R. E. Fahlraan, Sioux Lookout, Ontario 
SIOUX LOOKOUT TRAPPERS COUNCIL, W. Wingenroth, 

B. Smith, 1. Marshall, Sioux Lookout, Ontario 
SITCH, Bert, Kakabeka Falls, Ontario 
SLOAN, Brad, Timmins, Ontario 

SPOONER MIGNACCO MACLEOD LIMITED, J.W. Spooner, Timmins, Ontario 
SPRUCE FALLS POWER & PAPER CO. LTD., F.A. Campling, President 
SUMMER BEAVER SETTLEMENT COUNCIL, Summer Beaver, Ontario 
THE CANADIAN MANUFACTURERS' ASSOCIATION, V.R. Denholra, Manager, 

Ontario Division, Toronto, Ontario 
THE CONSERVATION COUNCIL OF ONTARIO, 

A.M. Timms, Executive Director, Toronto, Ontario 
THE MORSON OPTION, J.E. McDougall, Secretary, Morson, Ontario 
THOMPSON, W.M., Sioux Lookout, Ontario 
THUNDER BAY ECONOMIC DEVELOPMENT CORPORATION, P.R. Charbonneau, 

General Manager, Thunder Bay, Ontario 
TIMMINS CHAMBER OF COMMERCE, W.C. Schure, Chairman, 

Resources Committee, Timmins, Ontario 
TIMMINS CHAMBER OF COMMERCE, R.D. Lindsay, Resources Committee, 

Timmins, Ontario 
TIMMINS HORTICULTURAL SOCIETY, Kees J. Stryland, Timmins, Ontario 
TIMPSON, Joyce, M.S.W., Sioux Lookout, Ontario 
TITZE, Ron, Dryden, Ontario 
TRAPPER, Bert, Moosonee, Ontario 
TRI-MUNICIPAL ECONOMIC DEVELOPMENT COMMITTEE, 

M.J. Doty, Economic Development Commissioner, Kenora, Ontario 
UNIVERSITY OF WATERLOO, D.W. Hoffman, for the Faculty of 

Environmental Studies and the School of Urban and 

Regional Planning Waterloo, Ontario 
USHER, Anthony & MICHALSKI, Michael, Rexdale, Ontario 
WESLEY, N.F., Moose Factory, Ontario 
WEST, W., Moose Factory, Ontario 
WILDLANDS LEAGUE, Arlin Hackman, Executive Director, 

Toronto, Ontario WINTER, Jacob, Kasabonika Lake, Ontario 
YULE FAMILY, Thunder Bay, Ontario 
ZUDEL, M., Timmins, Ontario 

EXHIBITS TO J.E.J. FAHLGREN 



ARMSTRONG METIS ASSOCIATION, 

Hector C. King, President, Armstrong, Ontario 

Appendix 9 



- 8 



ATTAWAPISKAT BAND, 

Chief Reg. Louttit, Attawapiskat, Ontario 
COCHRANE TOURIST OUTFITTERS ASSOCIATION, 

Lloyd Rogerson, Cochrane, Ontario 
DEER LAKE BAND, 

Chief Douglas Meekis, Deer Lake, Ontario 
DEER LAKE BAND, 

Morley Meekis, Deer Lake, Ontario 
DRYDEN TOWN COUNCIL, 

Mayor T.S. Jones, Dryden, Ontario 
FORT SEVERN BAND COUNCIL, 

Fort Severn, Ontario 
GRAND COUNCIL TREATY //9 , 

Grand Chief Wally McKay, Timmins , Ontario 
GRANHOLM, 

Victor, Editor "NORACT", Hearst, Ontario 
IROQUOIS FALLS, 

Town of, Mayor Lawrence Cutten, Iroquois Falls, Ontario 
JAMES BAY TRIBAL COUNCIL, 

Fred Wesley, Moose Factory, Ontario 
KUCHERAN, Dan, 

Kapuskasing, Ontario 
LAC SEUL ANISHNABEG (INDIAN BAND), 

Chief Percy Ningewance , Lac Seul, Ontario 
LAKEHEAD UNIVERSITY, 

Dr. R. Rosehart, Dean of University Schools, 

Thunder Bay, Ontario 
LAKE NIPIGON METIS ASSOCIATION, 

Patrick McGuire Sr., Thunder Bay, Ontario 
LA ROSE, Pauline, 

Iroquois Falls, Ontario 
MOOSE FACTORY BAND, 

Moose Factory, Ontario 
MOOSONEE METIS & NON STATUS INDIAN ASSOCIATION, 

Earl Danyluk, Moosonee, Ontario 
MUN-SO-KAHN METIS ASSOCIATION, 

Eugene Lafrancois, Thunder Bay, Ontario 
ONTARIO METIS ASSOCIATION, 

Toronto, Ontario 
ONTARIO MINISTRY OF THE ENVIRONMENT, 

Honourable K.C. Norton, Q.C. and 

G.J.M. Raymond, Deputy Minister 
ONTARIO MINISTRY OF THE ENVIRONMENT, 

D.E. Redgrave, Assistant Deputy Minister 
PAGWA METIS ASSOCIATION, 

Bart Verruyt , Hearst, Ontario 
RED LAKE DISTRICT CHAMBER OF COMMERCE, 

P.J. Sayeau and D'arcy Halligan, Red Lake, Ontario 
SAVANT LAKE NATIVE COMMUNITY, 

Edward Machimity, Savant Lake, Ontario 
SIOUX LOOKOUT TRAPPERS COUNCIL, 

Ian Marshall, President and Wilfred Wingenroth 
SUMMER BEAVER SETTLEMENT COUNCIL, 

Summer Beaver, Ontario 
WINISK FORMER CHIEFS, 

Louis Bird, Winisk, Ontario 



Appendix 9 



- 1 - 



PUBLISHED REPORTS 



PRODUCED BY THE COMMISSION 

Interim Report & Recommendations , Mr. Justice E.P. Hartt, 
April 4, 1978 

Issues Report , Royal Commission on the Northern Environment, 
December 1978 

The Road to Detour Lake 



- An Example of the Environmental Assessment Process in 
Ontario . 1982 

The Onakawana Project: 

An Example of the Environmental Assessment Process in 

Ontario , 1983 

North of 50° - An Atlas of Far Northern Ontario , 1985 

PRODUCED FOR THE COMMISSION 

The Economic Future of the Forest Products Industry in 
Northern Ontario , Lakehead University, Principle Authors F.J. 
Anderson, N.C. Bonsor, Department of Economics. 

The Future of Mineral Development in the Province of Ontario 
North of 50 , Laurentian University 

The Northern Economy: Benefits, Problems and Prospects , 
Paul Driben, Ph.D. 

Tourism Development in Ontario North of 50° , W.M. Baker 



Vol. 1 - 

Vol. 2 - 

Vol. 3 - 

Vol. 4 - 



Issues and Policy Options" 

Tourist Facility Development" 

The Transportation Supply Foundations" 

The Heritage Resource Supply Foundation" 



Vol. 5 - "The Climate Supply Foundations" 

Klashke River Native Development Inc. , John H. Blair, R.P.F. 
Inc. 

The People North of 50°: In Quest of Understanding , 

J. A. Kleinfeider and A. Yesno, Albany Research Associates, 

Inc. 

FUNDED BY THE COMMISSION 

Appropriate Water & Sanitation Technologies for Indian 
Communities in Northern Ontario , Moni Campbell, Pollution 
Probe 

Project "Wetamakawin" (To Inform) , James Bay Cree Society, 
Moose Factory 



Appendix 10 



- 2 - 



Past Mistakes of Government and Local Opportunities , Bert 
Trapper 

Unions North of 50° , Thunder Bay & District Labour Council 

Northern Development - An Overview of Social Consequences 
with Special Reference to Alcohol Problems , Northern 
Development 
Research Group 

Supplementary Brief to the Royal Commission on the Northern 
Environment , Corporation of the Town of Sioux Lookout 

Open Communication - Public Awareness Report , Moose Band 
Council , 
Moose Factory 

Summary of Discussions and Recommendations to the Winisk Band 
Council Winisk Band Council Advisory Board 

Submission by the Red Lake Inter-Agency Co-ordinating 
Committee 

An Alternative Energy Option for Northern Ontario , Energy 
Probe 

The Forestry, Pulp, Paper and Allied Industries 
Characteristics and Developments , Canadian Paperworkers 
Union 

Pesticide Use in Northern Ontario and Recommendations for 
Public Participation in the Decision-Making Process , 
Temiskaraing Environmental Action Group 

A Selected Overview of Ontario's Public Decisional Framework 
of Northern Primary Resource Development , Northern 
Development Research Group 

Making Your Case at the Environmental Assessment Board , D. 
Paul Emond and Andrew J. Roman 

The Legal and Administrative Basis of Land Use and 
Environmental Decision-Making North of Latitude 50° — A 
Guidebook and Selected Observations , Canadian Environmental 
Law Research Foundation 

A Feasibility Study for Methanol Production in Northern 
Ontario, Brian Marshall, Ralph Torrie 

Trappers and the Forest Industry: The Case of Northwestern 
Ontario, Waterloo Research Institute 

Nuclear Waste and the North, Terry Graves 



Appendix 10 



- s 



Planning for Environmentally Sensitive Areas in No rthwestern 
Ontario , Bruce Ralph ^ — — 

Rapport Present a la Commission Royale sur 1 'environment du 
Nord, Association des Francophones du Nor-ouest de I'Ontario 

Public Po licy Towards the Arts in Northern Ontario . Thunder 
Bay National Exhibition Centre 

Life Above and Below the 50th Parallel . Mike Zudel 

The Wunnusku Sepee People: An Historical Survey . James 
Morrison for the Webequie Settlement Council 

Acid Rain in Ontario: Another Threat to Native Land Use in 

Treaties Three. Nine and Five . Gregory Thompson, Pollution 

Probe 

Small Scale Mining in Ontario . Northwestern Ontario 

Prospectors Association 

Isolated Northern Ontario Passenger Rail . Transport 2000 



"There's Lots of Ways to Skin a Cat", The Potential 
Contribution of Appropriate Technology to Economic 
Self-Sufficiency North of 50 . S.F. Hunnisett, P.Eng. 

Conservation Council Submission 



Appendix 10 



R.C.N.E. PUBLICATIONS DEPOSITORIES 



BALMERTOWN 
DRYUEN 

EAR FALLS 
GERALDTON 
HAMILTON 

HEARST 
IGNACE 

KENORA 
KINGSTON 
KIRKLAND LAKE 

KITCHENER 
LONDON 

MOOSONEE 

NAKINA 
OTTAWA 



PETERBOROUGH 

PICKLE LAKE 

RED LAKE 

ST. CATHARINES 

SAULT STE. MARIE 
SIOUX LOOKOUT 
SUDBURY 



THUNDER BAY 



TIMMINS 
TORONTO 



WINDSOR 



Balraertown Public Library, Dexter Road 
Dryden Public Library, 3b Van Home Avenue 
Ear Falls Public Library, 50 Balsam Avenue 
Geraldcon Public Library, 405 2nd Street West 
Hamilton Public Library, Government Documents 

Division, 55 York Blvd. 
Hearst Public Library, Box 7000 
Public Library, 304 McLeod Street 
Kenora Public Library, 24 Main Street South 
Kingston Public Library, 130 Johnson Street 
Northeastern Regional Library System, 

6 Al Wende Avenue 
Kitchener Public Library, 85 Queen Street North 
London Public Library, 305 Queen's Avenue 
Moosonee Community Library, 

James Bay Educational Centre 
Nakina Public Library, Quebec Street 
Ottawa Public Library, Reference Dept., 

120 Metcalfe Street 
National Library of Canada, Government 

Documents, Canadian Acquisitions Division, 

395 Wellington Street 
Peterborough Public Library, 

510 George Street N. 
Pickle-Pat Public Library 
Red Lake Public Library, 212 Howey Street 
St. Catharines Public Library, Reference/ 

Government Documents, 54 Church Street 
Sault Ste. Marie Public Library, 50 East Street 
Sarah Vaughan Public Library, 5th Avenue North 
Sudbury Public Library, 

Civic Square West Tower, 

200 Brady Street 
Thunder Bay Public Library, 216 Brodie Street 
Thunder Bay Public Library, 

Reference Department, 

285 Red River Road 
Ojibway-Cree Cultural Centre, 71 Third Avenue 
Legislative Library, Technical Services and 

Systems, 180 Bloor St. West, 5th Floor 
Metropolitan Toronto Public Library, 

Social Sciences Department, 

789 Yonge Street 
Canadian Association in Support 

of Native Peoples, 16 Spadina Road 
York University Government Documents 

& Microtexts, Administrative Studies 

Building, Room 113, 4700 Keele Street 
Serials Department, University of Toronto, 

Library 
Windsor Public Library, 850 Ouellette Avenue 



Appendix 11 



STAFF MEMBERS OF 



THE ROYAL COMMISSION ON THE NORTHERN ENVIRONMENT 



During the period 197 7 to 1985 the following individuals were employed 
as full time staff members or as legal counsel for six months or more: 



Lesley Andersen 
Jamie-Lynn Armstrong 
Kathi Avery 
Mildred Barrett 
William Batey 
Ola Berg 

Marlene Brushett 
Ruth Burkholder 
Ronald Christiansen 
Lome Clark 
Faye Clement 
Betty Cole 
Donna Cooney 
Roger Cotton 
Marc Couse 
Peter Cridland 
Mary Currie 
A. Elizabeth Daley 
Rick Dedi 
Harriet DeKoven 
Jon Del Ben 
Dora Dunbar 
William Ferrier 
Dennis Flaherty 
Ian Fraser 
Karen Gaynor 
Nancy Gelber 
Moira Gibbison 
Cecilia Gordon 
Gaetanne Gladu 
Bernadette Hardaker 
Stephen Harvey 
Judith Hay 
Mary Ellen Hill 
Francis Kelly 
Harriet Kideckel 
Joyce Kleinfelder 
Tom Lambert 
John Laskin 
Donna Laurila 



Gerald LeSauvage 
Kari Lie 
Stephen Lindley 
Barbara Lynch 
William Mamakeesic 
Richard MacFarlane 
Robert MacGregor 
George MacLeod 
Bella Marshall 
Linda McClenaghan 
John McConnell 
Arthur Menhart 
John Metcalfe 
Greg Mignon 
Lynne Mitchell 
Greg Morley 

Tichafa Mundangepfupfu 
Ruth Murray 
Debbie Neamtu 
Janice Nelson 
Carol Niven 
Margaret Parr 
Linda Penner 
Elizabeth Peters 
Catherine Potter 
Donna Power 
Robert Richards 
Nigel Richardson 
Stephen Rimmer 
Linda Rogachevsky 
Lisa Scerba 
Eric Stine 
George Taggert 
Margaret Tanaszi 
Shirley Townsend 
Samuel Warren 
Gaylord Watkins 
Roberta Watt-Riddell 
Diane Welin 
Sylvia Wilson 
Joyce Young 



Appendix 12 



North West Angle Treaty, //3 
Lake Winnipeg Treaty, //5 
The James Bay Treaty, Treaty //9 



Appendix 13 



- 1 



THE NORTH-WEST ANGLE TREATY, NUMBER THREE^ 

ARTICLES OF A TREATY made and concluded this third day of October, 
in the year of Our Lord one thousand eight hundred and 
seventy-three, between Her Most Gracious Majesty the Queen of 
Great Britain and Ireland, by her Commissioners, the Hon. 
Alexander Morris, Lieutenant- Governor of the Province of Manitoba 
and the North-West Territories; Joseph Albert Norbert Provencher, 
and Simon James Dawson, of the one part; and the Saulteaux tribe 
of the Ojibbeway Indians, inhabitants of the country within the 
limits hereinafter defined and described, by their Chiefs chosen 
and named as hereinafter mentioned, of the other part: 

Whereas the Indians inhabiting the said country have, 
pursuant to an appointment made by the said Commissioners, been 
convened at a meeting at the North-West angle of the Lake of the 
Woods, to deliberate upon certain matters of interest to Her Most 
Gracious Majesty, of the one part, and the said Indians of the 
other; 

And whereas the said Indians have been notified and informed 
by Her Majesty's said Commissioners, that it is the desire of Her 
Majesty to open up for settlement, immigration, and such other 
purposes as to Her Majesty may seem meet, a tract of country 
bounded and described as hereinafter mentioned, and to obtain the 
consent thereto of her Indian subjects inhabiting the said tract, 
and to make a treaty and arrange with them, so that there may be 
peace and good will between them and Her Majesty, and that they 
may know and be assured of what allowance they are to count upon 
and receive from Her Majesty's bounty and benevolence: 

And whereas, the Indians of the said tract, duly convened in 
Council, as aforesaid, and being requested by Her Majesty's said 
Commissioners to name certain Chiefs and head men, who should be 
authorized on their behalf to conduct such negotiations, and sign 
any treaty to be founded theron, and to become responsible to Her 
Majesty for the faithful performance by their respective bands of 
such obligations as shall be assumed by them, the said Indians 
have thereupon named the following persons for that purpose, that 
is to say: — Kee-tak-pay-pi-nais (Rainy River), Kitihi-gay-lake 
(Rainy River), Not e-na-qua-hung (North-West Angle), 
Mawe-do-pe-nais (Rainy River), Pow-wa-sang (North-West Angle), 
Canda-cora-igo-wi-ninie (North-West Angle), Pa-pa-ska-gin (Rainy 
River), May-no-wah- tau-way s-kung (North- West Angle), 
Kitchi-ne-ka-be-han (Rainy River), Sah-katch-eway (Lake Seul), 
Muka-day-wah-sin (Kettle Falls), Me-kie-sies (Rainy Lake, Fort 
Francis), Oos-con-na-geist (Rainy Lake), Wah-shis-kince (Eagle 
Lake), Rah-kie-y-ash (Flower Lake), Go-bay (Rainy Lake), 
Ka-me-ti-ash (White Fish Lake), Nee-sho-tal (Rainy River), 
Kee-gee-go-kay (Rainy River), Sha-sha-gance (Shoal Lake), 
Shah-win-na-bi-nais (Shoal Lake), Ay-ash-a-wash (Buffalo Point), 
Pay-ah-be-wash (White Fish Bay), Rah-tay-tay-pa- o-cutch (Lake of 
the Woods). 

^ Morris, the Hon. Alexander, The Treaties of Canada with the 
Indians of Manitoba and the North-West Territories : Coles, 1971, 
pp. 320-329. 

Appendix 13 



2 - 



And thereupon in open council the different bands having 
presented their Chiefs to the said Commissioners as the Chiefs and 
head men for the purposes aforesaid of the respective bands of 
Indians inhabiting the said district hereinafter described; 

And whereas the said Commissioners then and there received 
and acknowledged the persons so presented as Chiefs and head men 
for the purposes aforesaid of the respective bands of Indians 
inhabiting the said district hereinafter described; 

And whereas the said Commissioners have proceeded to 
negotiate a treaty with the said Indians, and the same has been 
finally agreed upoa and concluded as follows, that is to say: 

The Saulteaux tribe of the Ojibbeway Indians, and all the 
other Indians inhabiting the district hereinafter described and 
defined, do hereby cede, release, surrender, and yield up to the 
Government of the Dominion of Canada, for Her Majesty the Queen 
and her successors forever, all their rights, titles and 
privileges whatsoever to the lands included within the following 
limits, that is to say: 

Commencing at a point on the Pigeon River route where the 
international boundary line between the territories of Great 
Britain and the United States intersects the height of land 
separating the waters running to Lake Superior from those flowing 
to Lake Winnipeg, then northerly, westerly and easterly, along the 
height of land aforesaid, following its sinousities, whatever 
their course may be, to the point at which the said height of land 
meets the summit of the water-shed from which the steams flow to 
Lake Nepigon, thence northerly and westerly, or whatever, may be 
its course along the ridge separting the waters of the Nepigon and 
the Winnipeg to the height of land dividing the waters of the 
Albany and the Winnipeg, thence westerly and north-westerly along 
the height of land dividing the waters flowing to Hundson's Bay by 
the Albany or other rivers from those running to English River and 
the Winnipeg to a point on the said height of land bearing north 
forty-five degrees east from Fort Alexander at the mouth of the 
Winnipeg; thence south forty-five degrees west to Fort Alexander 
at the mouth of the Winnipeg; thence southerly along the eastern 
bank of the Winnipeg to the mouth of White Mouth River; thence 
southerly by the line described as in that part forming the 
eastern boundary of the tract surrendered by the Chippewa and 
Swampy Cree tribes of Indians to Her Majesty on the third of 
August, one thousand eight hundred and seventy-one, namely, by the 
White Mouth River to White Mouth Lake and thence on a line having 
a general bearing of White Mouth River to the forty-ninth parallel 
of north latitude; thence by the forty-ninth parallel of north 
latitude to the Lake of the Woods, and from thence by the 
iaternational boundary line to the place of beginning. 

The tract comprised within the lines above described 
embracing an area of fifty-five thousand square miles, be the same 
more or less. 

To have and to hold the same to Her Majesty the Queen and her 
successors forever. 

Appendix 13 



- 2 



And Her Majesty the Queen hereby agrees and undertakes to lay 
aside reserves for farming lands, due respect being had to lands 
at present cultivated by the said Indians, and also to lay aside 
and reserve for the benefit of the said Indians, to be 
administered and dealt with for them by Her Majesty's Government 
of the Dominion of Canada, in such a manner as shall seem best, 
other reserves of land in the said territory hereby ceded, which 
said reserves shall be selected and set aside where it shall be 
deemed most convenient and advantageous for each band or bands of 
Indians, by the officers of the said Government appointed for that 
purpose, and such selection shall be so made after conference with 
the Indians: Provided, however, that such reserve whether for 
farming or other purposes shall in nowise exceed in all one square 
mile for each family of five, or in that proportion for larger or 
smaller families, and such selection shall be made if possible 
during the course of next summer or as soon thereafter as may be 
found practicable, it being understood, however, that if at the 
time of any such selection of any reserves as aforesaid, there are 
any settlers within the bounds of the lands reserved by any band. 
Her Majesty reserves the right to deal with such settlers as she 
shall deem just, so as not to diminish the extent of land allotted 
to Indians; and provided also that the aforesaid reserves of lands 
or any interest or right therein or appurtenant thereto, may be 
sold, leased or otherwise disposed by the said Government for the 
use and benefit of the said Indians, with the consent of the 
Indians entitled thereto first had and obtained. 

And with a view to show the satisfaction of Her Majesty with 
the behavior and good conduct of her Indians, she hereby, through 
her Commissioners, makes them a present of twelve dollars for each 
man, woman and child belonging to the bands here represented, in 
extinguishment of all claims heretofore preferred. 

And further. Her Majesty agrees to maintain schools for 
instruction in such reserves hereby made as to her Government of 
her Dominion of Canada may seem advisable, whenever the Indians of 
the reserve shall desire it. 

Her Majesty further agrees with her said Indians, that within 
the boundary of Indian reserves, until otherwise determined by the 
Government of the Dominion of Canada, no intoxicating liquor shall 
be allowed to be introduced or sold, and all laws now in force, or 
hereafter to be enacted to preserve her Indian subjects inhabiting 
the reserves, or living elsewhere within her North-West 
Territories, from the evil influence of the use of intoxicating 
liquors shall be strictly enforced. 

Her Majesty further agrees with her said Indians, that they, 
the said Indians, shall have right to pursue their avocations of 
hunting and fishing throughout the tract surrendered as 
hereinbefore described, subject to such regulations as may from 
time to time be made by her Government of her Dominion of Canada, 
and saving and excepting such tracts as may from time to time be 
required to taken up for settlement, mining, lumbering or other 
purposes, by her said Government of the Dominion of Canada, or by 
any of the subjects thereof duly authorized therefor by the said 
Government . 



Appendix 13 



It is further agreed between Her Majesty and her said Indians 
that such sections of the reserves above indicated as may at any 
time be required for public works or buildings, of what nature 
soever, may be appropriated for that purpose by Her Majesty's 
Government of the Dominion of Canada, due compensation being made 
for the value of any improvements thereon. 

And further, that Her Majesty's Commissioners shall, as soon 
as possible, after the execution of this treaty, cause to be taken 
an accurate census of all the Indians inhabiting the tract above 
described, distributing them in families, and shall in every year 
ensuing the date hereof at some period in each year, to be duly 
notified to the Indians, and at a place or places to be appointed 
for that purpose within the territory ceded, pay to each Indian 
person the sum of five dollars per head yearly. 

It is further agreed between Her Majesty and the said 
Indians, that the sum of fifteen hundred dollars per annum shall 
be yearly and every year expended by Her Majesty in the purchase 
of ammunition, and twine for nets for the use of the said 
Indians. 

It is further agreed between Her Majesty and the said 
Indians, that the following articles shall be supplied to any band 
of the said Indians who are now actually cultivating the soil, or 
who shall hereafter commence to cultivate the land, that is to 
say — two hoes for every family actually cultivating; also one 
spade per family as aforesaid, one plough for every ten families 
as aforesaid; five harrows for every twenty families as aforesaid; 
one scythe for every family as aforesaid; and also one axe and one 
cross-cut saw, one hand saw, one pit saw, the necessary files, one 
grindstone, one auger for each band, and also for each Chief for 
the use of his band one chest of ordinary carpenter's tools; also 
for each band, enough wheat, barley, potatoes and oats to plant 
the land actually broken up for cultivation by such band; also for 
each band, one yoke of oxen, one bull and four cows; all the 
aforesaid articles to be given once for all the encouragement of 
the practice of agriculture among the Indians. 

It is further agreed between Her Majesty and the said 
Indians, that each Chief, duly recognized as such, shall receive 
an annual salary of twenty-five dollars per annum, and each 
subordinate officer, not exceeding three for each band, shall 
receive fifteen dollars per annum; and each such Chief and 
subordinate officer as aforesaid shall also receive, once in every 
three years, a suitable suit of clothing; and each Chief shall 
receive, in recognition of the closing of the treaty, a suitable 
flag and raedal. 

And the undersigned Chiefs, on their own behalf and on behalf 
of ail other Indians inhabiting the tract within ceded, do hereby 
solemnly promise and engage to strictly observe this treaty, and 
also to conduct and behave themselves as good and loyal subjects 
of Her Majesty the Queen. They promise and engage that they will, 
in all respects obey and abide by the law; that they will maintain 



Appendix 13 



peace and good order between each other, and also between 
themselves and other tribes of Indians, and between themselves and 
others of Her Majesty's subjects, whether Indians or whites, now 
inhabiting or hereafter to inhabit any party of the said ceded 
tract; and that they will not molest the person or property of any 
inhabitant of such ceded tract, or the property of Her Majesty the 
Queen, or interfere with or trouble any person passing or 
travelling through the said tract or any part thereof; and that 
they will aid and assist the officers of Her Majesty in bringing 
to justice and punishment any Indian offending against the 
stipulations of this treaty, or infringing the laws in force in 
the country so ceded. 

In witness whereof, Her Majesty's said Commissioners and the 
said Indian Chiefs have hereunto subscribed and set their hands, 
at the north-west angle of the Lake of the Woods, this day and 
year herein first above-named. 

Adhesion of Lac Seul Indians, Lac Seul , 9th June, 1874 

We, the Chiefs and Councillors of Lac Seul, Seul Trout and 
Sturgeon Lakes, subscribe and set our marks, that we and our 
followers will abide by the articles of the treaty made and 
concluded with the Indians at the north-west angle of the Lake of 
the Woods, on the third day of October, in the year of our Lord 
one thousand eight hundred and seventy-three, between Her Most 
Gracious Majesty the Queen of Great Britain and Ireland, by Her 
Commissioners, Hon. Alexander Morris, Lieutenant-Governor of 
Manitoba and the North-West Territories, Joseph Albert, N. 
Provencher and Simon J. Dawson, of the one part, and the Saulteaux 
tribes of Ojebewas Indians, inhabitants of the country as defined 
by the Treaty aforesaid. 

In witness whereof. Her Majesty's Indian Agent and the Chiefs 
and Councillors have hereto set their hands at Lac Seul, on the 
9th day of June, 1894. 



Appendix 13 



6 - 



THE LAKE WINNIPEG TREATY, NUMBER FlVfil 

ARTICLES OF A TREATY made and concluded at Berens River the 
twentieth day of September, and at Norway House the twenty-fourth 
day of September in the year of Our Lord one thousand eight 
hundred and seventy-five, between Her Most Gracious Majesty the 
Queen of Great Britain and Ireland, by her Commissioners, the 
Honorable Alexander Morris, Lieutenant-Governor of the Province of 
Manitoba and the North-West Territories, and the Honorable James 
McKay, of the one part, and the Saulteaux and Swampy Cree Tribes 
of Indians, inhabitants of the country within the limits 
hereinafter defined and described by their Chiefs, chosen and 
named as hereinafter mentioned, of the other part: 

Whereas the Indians inhabiting the said country have, 
pursuant to an appointment made by the said Commissioners, been 
convened at meetings at Berens River and Norway House, to 
deliberate upon certain matters of interest to Her Most Gracious 
Majesty, of the one part, and the said Indians of the other; 

And whereas the said Indians have been notified and informed 
by Her Majesty's said Commissioners, that it is the desire of Her 
Majesty to open up for settlement, immigration, and such other 
purposes as to Her Majesty may seem meet, a tract of country 
bounded and described as hereinafter mentioned, and to obtain the 
consent thereto of her Indian subjects inhabiting the said tract, 
and to make a treaty and arrange with them, so that there may be 
peace and good will between them and Her Majesty, and that they 
may know and be assured of what allowance they are to count upon 
and receive from Her Majesty's bounty and benevolence; 

And whereas, the Indians of the said tract, duly convened in 
council as aforesaid, and being requested by Her Majesty's said 
Commissioners to name certain Chiefs and head men, who should be 
authorized on their behalf to conduct such negotiations and sign 
any treaty to be founded thereon, and to become responsible to Her 
Majesty for the faithful performance by their respective bands of 
such obligations as shall be assumed by them, the said Indians 
have thereupon named the following persons for that purpose, that 
is to say: — For the Indians within the Berens River region and 
their several bands: 

Nah-wee-kee-sick-quah-yash, Chief; Kah-nah-wah-kee-wee-nin 
and Nah-kee-quan-nay-yash, Councillors, and Pee-wah-noo-wee-nin, 
of Poplar River, Councillor; for the Indians within the Norway 
House region and their several bands, David Rundle, Chief; James 
Cochrane, Harry Constatag and Charles Pisequinip, Councillors; and 
Ta-pas-ta-nura, or Donald Williams Sinclair Ross, Chief; James 
Garriock and Proud McKay, Councillors; 



^ Morris, the Hon. Alexander, The Treaties of Canada with the 
Indians of Manitoba and the North-West Territories ; Coles, 
1971, pp 342-350. 



Appendix 13 



- 7 



And thereupon in open council, the different bands having 
presented their Chiefs to the said Commissioners as the Chiefs and 
head men, for the purposes aforesaid, of the respective bands of 
Indians inhabiting the said district hereinafter described; 

And whereas, the said Commissioners then and there received 
and acknowledged the persons so presented as Chiefs and head men, 
for the purposes aforesaid, of the respective bands of Indians 
inhabiting the said district hereinafter described; 

And whereas, the said Commissioners have proceeded to 
negotiate a treaty with the said Indians and the same has been 
finally agreed upon and concluded as follows, that is to say: 

The Saulteaux and Swampy Cree tribes of Indians and all other 
Indians inhabiting the district hereinafter described and defined, 
do hereby cede, release, surrender, and yield up to the Government 
of the Dominion of Canada, for Her Majesty the Queen and her 
successors forever, all their rights, titles and privileges 
whatsoever to the lands included within the following limits, that 
is to say: 

Commencing at the north corner or junction of Treaties 
Numbers One and Three, thence easterly along the boundary of 
Treaty Number Three to the height of land at the north-east corner 
of the said treaty limits, a point dividing the waters of the 
Albany and Winnipeg Rivers, thence due north along the said height 
of land to a point intersected by the 53° of north latitude and 
thence north-westerly to Favourable Lake, thence following the 
east shore of said lake to its northern limit, thence 
north-westerly to the north end of Lake Winnipegosis , thence 
westerly to the height of land called "Robinson's Portage," thence 
north-westerly to the east end of Cross Lake, thence 
north-westerly crossing Fox's Lake, thence north-westerly to the 
north end of Split Lake, thence south-westerly to Pipestone Lake, 
on Burntwood River, thence south-westerly to the western point of 
John Scott's Lake, thence south-westerly to the north shore of 
Beaver Lake, thence south-westerly to the west end of Cumberland 
Lake, thence due south to the Saskatchewan River, thence due south 
to the north-west corner of the northern limits of Treaty Number 
Four, iacluding all territory within the said limits, and all 
islands on all lakes within the said limits as above described, 
and it being also understood that in all cases where lakes form 
the treaty limits, ten miles from the shore of the lake should be 
included in the treaty: 

And also all their rights, titles and privileges whatsoever 
to all other lands wherever situated in the North-West 
Territories, or in any other Province or portion of Her Majesty's 
Dominions situated and being within the Dominion of Canada: 

The tract comprised within the lines above described 
embracing an area of one hundred thousand square miles, be the 
same, more or less; 

To have and to hold the same to Her Majesty the Queen and her 
successors forever. 

Appendix 13 



And Her Majesty the Queen hereby agrees and undertakes to lay 
aside reserves for farming lands, due respect being had to lands 
at present cultivated by the said Indians, and other reserves for 
the benefit of the said Indians to be administered and dealt with 
for them by Her Majesty's Government of the Dominion of Canada; 
provided all such reserves shall not exceed in all one hundred and 
sixty acres for each family of five, or in that proportion for 
larger or smaller families in manner following, that is to say: — 
For the band of Saulteaux in the Berens River region now settled, 
or who may within two years settle therein, a reserve commencing 
at the outlet of Berens River into Lake Winnipeg, and extending 
along the shores of said lake and up said river and into the 
interior behind said lake and river, so as to comprehend one 
hundred and sixty acres for each family of five, a reasonable 
addition being, however, to be made by Her Majesty to the extent 
and the said reserve for the inclusion in the tract so reserved of 
swamps, but reserving the free navigation of the said lake and 
river, and free access to the shores and waters thereof for Her 
Majesty and all her subjects, and excepting thereout such land as 
may have been granted to or stipulated to be held by the Hudson's 
Bay Company, and also such land as Her Majesty or her successors 
may in her good pleasure see fit to grant to the ' mission 
established at or near Berens River by the Methodist Church of 
Canada, for a church, school-house, parsonage, burial ground and 
farm, or other mission purposes; and to the Indians residing at 
Poplar River, falling into Lake Winnipeg north of Berens River, a 
reserve not exceeding one hundred and sixty acres to each family 
of five, respecting as much as possible their present 
improvements; and inasmuch as a number of the Indians now residing 
in and about Norway House, of the band of whom David Rundle is 
Chief, are desirous of removing to a locality where they can 
cultivate the soil, Her Majesty the Queen hereby agrees to lay 
aside a reserve on the west side of Lake Winnipeg, in the vicinity 
of Fisher River, so as to give one hundred acres to each family of 
five, or in that proportion for larger or smaller families, who 
shall remove to the said locality within "three-years," it being 
estimated that ninety families or thereabout will remove within 
the said period, and that a reserve will be laid aside sufficient 
for that or the actual number; and it is further agreed that those 
of the band who remain in the vicinity of "Norway House" shall 
retain for their own use their present gardens, buildings and 
improvements until the same be departed with by the Queen's 
Government, with their consent first had and obtained for their 
individual benefit, if any value can be realized therefor; and 
with regard to the band of Wood Indians of whom Ta-pas-ta-num or 
Donald William Sinclair Ross, is Chief, a reserve at Otter Island 
on the west side of Cross Lake of one hundred and sixty acres for 
each family of five, or in that proportion for smaller families, 
reserving however to Her Majesty, her successors, and her 
subjects, the free navigation of all lakes and rivers, and free 
access to the shores thereof; provided, however, that Her Majesty 
reserves the right to deal with any settlers within the bounds of 
any lands reserved for any band as she shall deem fit, and also 
that the aforesaid reserves of land, or any interest therein, may 
be sold or otherwise disposed of by Her Majesty's Government for 



Appendix 13 



9 - 



the use and benefit of the said Indians entitled thereto, with 
their consent first had and obtained; and with a view to show the 
satisfaction of Her Majesty with the behaviour and good conduct of 
her Indians she hereby through her Commissioners makes them a 
present of five dollars for each man, woman and child belonging to 
the bands here represented, in extinguishment of all claims 
heretofore preferred; 

And further. Her Majesty agrees to maintain schools for 
instruction in such reserves hereby made as to her Government of 
the Dominion of Canada may seera advisable, whenever the Indians of 
the reserve shall desire it; 

Her Majesty further agrees with her said Indians, that within 
the boundary of Indian reserves, until otherwise determined by her 
Government of the Dominion of Canada, no intoxicating liquor shall 
be allowed to be introduced or sold, and all laws now in force, or 
hereafter to be enacted, to preserve her Indian subjects 
inhabiting the reserves or living elsewhere within her North-West 
Territories, from the evil influence of the use of intoxicating 
liquors, shall be strictly enforced; 

Her Majesty further agrees with her said Indians that they, 
the said Indians, shall have right to pursue their avocations of 
hunting and fishing throughout the tract surrendered as 
hereinbefore described, subject to such regulations as may from 
time to time be made by her Government of her Dominion of Canada, 
and saving and excepting such tracts as may from time to time be 
required or taken up for settlement, mining, lumbering or other 
purposes by her said Government of the Dominion of Canada, or by 
any of the subjects thereof duly authorized therefor by the said 
Government ; 

It is further agreed between Her Majesty and her said 
Indians, that such sections of the reserves above indicated as may 
at any time be required for public works or buildings, of what 
nature soever, may be appropriated for that purpose by Her 
Majesty's Government of the Dominion of Canada, due compensation 
being made for the value of any improvement thereon; 

And further, that Her Majesty's Commissioners shall, as soon 
as possible after the execution of this treaty, cause to be taken 
an accurate census of all the Indians inhabiting the tract above 
described, distributing them in families, and shall in every year 
ensuing the date thereof, at some period in each year, to be duly 
notified to the Indians, and at a place or places to be appointed 
for that purpose within the territory ceded, pay to each Indian 
person the sum of five dollars per head yearly; 

It is further agreed between Her Majesty and the said Indians 
that the sum of five hundred dollars per annum shall be yearly and 
every year expended by Her Majesty in the purchase of ammunition 
and twine for nets for the use of the said Indians, in manner 
following, that it to say: — In the reasonable discretion as 



Appendix 13 



10 



regards the distribution thereof among the Indians inhabiting the 
several reserves or otherwise included herein of Her Majesty's 
Indian Agent having the supervision of this treaty; 

It is further agreed between Her Majesty aiid the said Indians 
that the following articles shall be supplied to any band of the 
said Indians who are now cultivating the soil, or who shall 
hereafter commence to cultivate the land, that is to say: — Two 
hoes for every family actually cultivating; also one spade per 
family as a foresaid; one plough for every ten families as 
aforesaid; five harrows for every twenty families as aforesaid; 
one scythe for every family as aforesaid, and also one axe; and 
also one cross-cut saw, one hand saw, one pit saw, the necessary 
files, one grindstone, and one auger for each band; and also for 
each Chief for the use of his band, one chest of ordinary 
carpenter's tools; also, for each band, enough of wheat, barley, 
potatoes and oats to plant the land actually broken up for 
cultivation by such band; also, for each band, one yoke of oxen, 
one bull, and four cows: all the aforesaid articles to be given 
once for all for the encouragement of the practice of agriculture 
among the Indians. 

It is further agreed between Her Majesty and the said 
Indians, that each Chief, duly recognized as such, shall received 
an annual salary of twenty-five dollars per annum, and each 
subordinate officer, not exceeding three for each band, shall 
receive fifteen dollars per annum; and each such Chief and 
subordinate officer as aforesaid shall also receive, once every 
three years, a suitable suit of clothing; and each Chief shall 
receive, in recognition of the closing of the treaty, a suitable 
flag and medal. 

And the undersigned Chiefs, on their own behalf, and on 
behalf of all other Indians inhabiting the tract within ceded, do 
hereby solemnly promise and engage to strictly observe this 
treaty, and also to conduct and behave themselves as good and 
loyal subjects of Her Majesty the Queen. They promise and engage 
that they will, in all respects, obey and abide by the law, and 
they will maintain peace and good order between each other, and 
also between themselves and other tribes of Indians, and between 
themselves and others of Her Majesty's subjects, whether Indians 
or whites, now inhabiting or hereafter to inhabit any part of the 
said ceded tracts; and that they will not molest the person or 
property of any inhabitant of such ceded tracts, or the property 
of Her Majesty the Queen, or interfere with or trouble any person 
passing or travelling through the said tracts or any part thereof; 
and that they will aid and assist the officers of Her Majesty in 
bringing to justice and punishment any Indian offending against 
the stipulations of this treaty, or infringing the laws in force 
in the country so ceded. 

In witness whereof. Her Majesty's said Commissioners and the 
said Indian Chiefs have hereunto subscribed and set their hands at 
Berens River, this twentieth day of September, A.D. 1875, and at 
Norway House, on the twenty-fourth day of the month and year 
herein first above named. 



Appendix 13 



11 



THE JAMES BAY TREATY, TREATY NO. 9^ 



ARTICLES OF A TREATY made and concluded at the several dates 
mentioned therein, in the year of Our Lord one thousand and nine 
hundred and five, between His Most Gracious Majesty the King of 
Great Britain and Ireland, by His Commissioners, Duncan Campbell 
Scott, of Ottawa, Ontario, Esquire, and Samuel Stewart, of Ottawa, 
Esquire; and Daniel George MacMartin, of Perth, Ontario, Esquire, 
representing the province of Ontario, of the one part; and the 
Ojibeway, Cree and other Indians, inhabitants of the territory 
within the limits hereinafter defined and described, by their 
chiefs, and headmen hereunto subscribed, of the other part: — 

Whereas, the Indians inhabiting the territory hereinafter 
defined have been convened to meet a commission representing His 
Majesty's government of the Dominion of Canada at certain places 
in the said territory in this present year of 1905, to deliberate 
upon certain matters of interest to His Most Gracious Majesty, of 
the one part, and the said Indians of the other. 

And, whereas, the said Indians have been notified and 
informed by His Majesty's said commission that it is His desire to 
open for settlement, immigration, trade, travel, raining, 
lumbering, and such other purposes as to His Majesty may seem 
meet, a tract of country, bounded and described as hereinafter 
mentioned, and to obtain the consent thereto of His Indian 
subjects inhabiting the said tract, and to make a treaty and 
arrange with them, so that there may be peace and good-will 
between them and His Majesty's other subjects, and that His Indian 
people may know and be assured of what allowances they are to 
count upon and receive from His Majesty's bounty and benevolence. 

And whereas, the Indians of the said tract, duly convened in 
council at the respective points named hereunder, and being 
requested by His Majesty's Commissioners to name certain chiefs 
and headmen who should be authorized on their behalf to conduct 
such negotiations and sign any treaty to be found thereon, and to 
become responsible to His Majesty for the faithful performance by 
their respective bands of such obligations as shall be assumed by 
them, the said Indians have therefore acknowledged for that 
purpose the several chiefs and headmen who have subscribed 
hereto. 

And whereas, the said Commissioners have proceeded to 
negotiate a treaty with the Ojibeway, Cree and other Indians, 
inhabiting the district hereinafter defined and described, and the 
same has been agreed upon, and concluded by the respective bands 
at the dates mentioned hereunder, the said Indians do hereby cede, 
release, surrender and yield up to the government of the Dominion 
of Canada, for His Majesty the King and His successors for ever, 



^ The James Bay Treaty //9 made in 1905 and 1906 and Adhesions made 
in 1929 and 1930, Ottawa: Queen's Printer, 1964, pp. -10-31. 



Appendix 13 



12 



all their rights titles and privileges whatsoever, to the lands 
included within the following limits, that is to say: That 
portion or tract of land lying and being in the province of 
Ontario, bounded on the south by the height of land and the 
northern boundaries of the territory ceded by the 
Robinson-Superior Treaty of 1850, and the Robinson-Huron Treaty of 
1850, and bounded on the east and north by the boundaries of the 
said Province of Ontario as defined by law, and on the west by a 
part of the eastern boundary of the territory ceded by the 
North-West Angle Treaty No. 3; the said land containing an area of 
ninety thousand square miles, more or less. 

And also, the said Indian rights, titles and privileges 
whatsoever to all other lands wherever situated in Ontario, 
Quebec, Manitoba, the District of Keewatin, or in any other 
portion of the Dominion of Canada. 

To have and to hold the same to His Majesty the King and His 
successors for ever. 

And His Majesty the King hereby agrees with the said Indians 
that they shall have the right to pursue their usual vocations of 
hunting, trapping and fishing throughout the tract surrendered as 
heretofore described, subject to such regulations as may from time 
to time be made by the government of the country, acting under the 
authority of His Majesty, and saving and excepting such tracts as 
may be required or taken up from time to time for settlement, 
mining, lumbering, trading or other purposes. 

And His Majesty the King hereby agrees and undertakes to lay 
aside reserves for each band, the same not to exceed in all one 
square mile for each family of five, or in that proportion for 
larger and smaller families; and the location of the said reserves 
having been arranged between His Majesty's Commissioners and the 
chiefs and headmen, as described in the schedule of reserves 
hereto attached, the boundaries thereof to be hereafter surveyed 
and defined, the said reserves when confirmed shall be held and 
administered by His Majesty for the benefit of the Indians free of 
all claims, liens, or trusts by Ontario. 

Provided, however, that His Majesty reserves the right to 
deal with any settlers within the bounds of any lands reserved for 
any band as He may see fit; and also that the aforesaid reserves 
of land, or any interest therein, may be sold or otherwise 
disposed of by His Majesty's government for the use and benefit of 
the said Indians entitled thereto, with their consent first had 
and obtained; but in no wise shall the said Indians, or any of 
them, be entitled to sell or otherwise alienate any of the lands 
allotted to them as reserves. 

It is further agreed between His said Majesty and His Indian 
subjects that such portions of the reserves and lands above indi- 
cated as may at any time be required for public works, buildings. 



Appendix 13 



- 13 - 



railways, or roads of whatsoever nature may be appropriated for 
that purpose by His Majesty's goveriiraent of the Dominion of 
Canada, due compensation being made to the Indians for the value 
of any improvements thereon, and an equivalent in land, money or 
other consideration for the area of the reserve so appropriated. 

And with a view to show the satisfaction of His Majesty with 
the behaviour and good conduct of His Indians, and in 
extinguishment of all their past claims. He hereby, through His 
Commissioners, agrees to make each Indian a present of eight 
dollars in cash. 

His Majesty also agrees that next year, and annually 
afterwards for ever, He will cause to be paid to the said Indians 
in cash, at suitable places and dates, of which the said Indians 
shall be duly notified, four dollars, the same, unless there be 
some exceptional reason, to be paid only to the heads of families 
for those belonging thereto. 

Further, His Majesty agrees to pay such salaries of teachers 
to instruct the children of said Indians, and also to provide such 
school buildings and educational equipment as may seem advisable 
to His Majesty's government of Canada. 

And the undersigned Ojibeway, Cree and other chiefs and 
headmen, on their own behalf and on behalf of all the Indians whom 
they represent, do hereby solemnly promise and engage to strictly 
observe this treaty, and also to conduct and behave themselves as 
good and loyal subjects of His Majesty the King. 

They promise and engage that they will, in all respects, obey 
and abide by the law; that they will maintain peace between each 
other and between themselves and other tribes of Indians, and 
between themselves and others of His Majesty's subjects, whether 
Indians, half-breeds or whites, this year inhabiting and hereafter 
to inhabit any part of the said ceded territory; and that they 
will not molest the person or property of any inhabitant of such 
ceded tract, or of any other district or country, or interfere 
with or trouble any person passing or travelling through the said 
tract, or any part thereof, and that they will assist the officers 
of His Majesty in bringing to justice and punishment any Indian 
offending against the stipulations of this treaty, or infringing 
the law in force in the country so ceded. 

And it is further understood that this treaty is made and 
entered into subject to an agreement dated the third day of July, 
nineteen hundred and five, between the Dominion of Canada and 
Province of Ontario, which is hereto attached. 

In witness whereof. His Majesty's said Commissioners and the 
said chiefs and headmen hereunto set their hands at the places and 
times set forth in the year herein first above written. 



Appendix 13 



- 14 - 



Signed at Osnaburg on the twelth day of July, 1905, by His 
Majesty's Commissioners and the chiefs and headmen in the presence 
of the undersigned witnesses, after having beeen first interpreted 
and explained. 



Adhesions to Treaty Number Nine 

WHEREAS HIS MOST Gracious Majesty George V, by the Grace of 
God of Great Britian, Ireland and the British Dominions beyond the 
Seas, King, Defender of the Faith, Emperor of India, has been 
pleased to extend the provisions of the Treaty known as The James 
Bay Treaty or Treaty Number Nine, of which a true copy is hereto 
annexed to the Indians inhabiting the hereinafter described 
territory adjacent to the territory described in the said Treaty, 
in consideration of the said Indians, agreeing to surrender and 
yield up to His Majesty all their rights, titles and privileges to 
the hereinafter described territory. 

AN WHEREAS we, the Ojibeway, Cree and all other Indians 
inhabiting the hereinafter described Territory, having had 
communication of the foregoing Treaty and of the intention of His 
Most Gracious Majesty to extend its provisions to us, through His 
Majesty's Commissioner, Walter Charles Cain, B.A. , of the City of 
Toronto, and Herbert Nathaniel Awrey, of the City of Ottawa, have 
agreed to surrender and yield up to His Majesty all our rights, 
titles and privileges to the said territory. 

NOW THEREFORE we, the said Ojibeway, Cree and other Indian 
inhabitants, in consideration of the provisions of the said 
foregoing Treaty being extended to us, do hereby cede, release, 
surrender and yield up to the Government of the Dominion of Canada 
for His Majesty the King and His Successors forever, all our 
rights, titles and privileges whatsoever in all that tract of 
land, and land covered by water in the Province of Ontario, 
comprising part of the District of Kenora (Patricia Portion) 
containing one hundred and twenty-eight thousand three hundred and 
twenty square miles, more or less, being bounded on the South by 
the Northerly limit of Treaty Number Nine; on the West by Easterly 
limits of Treaties Numbers Three and Five, and the boundary 
between the Provinces of Ontario and Manitoba; on the North by the 
waters of Hudson Bay, and on the East by the waters of James Bay 
and including all islands, islets and rocks, waters and land 
covered by water within the said limits, and also all the said 
Indian rights, titles and privileges whatsoever to all other lands 
and lands covered by water, wherever situated in the Dominion of 
Canada. 

TO HAVE AND TO HOLD the same to His Majesty the King and His 
Successors forever. 

AND we, the said Ojibeway, Cree and other Indian inhabitants, 
represented herein by our Chiefs and Councillors presented as such 
by the Bands, do hereby agree to accept the several provisions, 
payments and other benefits, as stated in the said Treaty, and 
solemnly promise and engage to abide by, carry out and fulfill all 



Appendix 13 



16 - 



the stipulations, obligations and conditions therein on the part 
of the said Chiefs and Indians therein named, to be observed and 
performed, and in all things to conform to the articles of the 
said Treaty as if we ourselves had been originally contracting 
parties thereto. 

AND HIS MAJESTY through His said Commissioners agrees and 
undertakes to set aside reserved for each band as provided by the 
said aforementioned Treaty, at such places or locations as may be 
arranged between the said Commissioners and the Chiefs and headmen 
of each Band. 

IN WITNESS WHEREOF, His Majesty's said Commissioners and the 
said Chiefs and headmen have hereunto subscribed their names at 
the places and times hereinafter set forth. 

SIGNED at Trout Lake, on the Fifth day of July, 1929, by His 
Majesty's Comissioners and the Chief and headmen in the presence 
of the undersigned witnesses after having been first interpreted 
and explained. 



Appendix 13 



A Staff Paper Prepared for 
The Royal Commission on the Northern Environment 



Appendix 24 



THE MINISTRY OF NATURAL RESOURCES' 
PLANNING ACTIVITIES IN ONTARIO NORTH OF 50 



A Critique and Evaluation of their Appropriateness 
for Environmental .Assessment 



A Staff Paper Prepared for 
The Royal Commission on the Northern Environment 

by 



Ian S. Fraser 
Director of Research 



1985 



THE ROYAL COMMISSION ON THE NORTHERN ENVIRONMENT 



Appendix 14 






-3^ 



Roval Commission 
on the Northern 
Environment 



130 Ounuas L;treet tv'est 

Suite 2005 

Toronto, Ontario M5G 



lZ.d 



June 26, 1985 



MEMORANDUM TO: 



Commissioner J.E.J. Fahlgren 



FROM: 



Ian S. Fraser 



RE: 



The Ministry oH Natviral Resources' Planning 
Activities in Ontario North ot 50° 



The paper presents ny evaluation of the Ministry of Natural 
Resources' plannln>^ system as Implemented in Ontario North ot 50° 
and a discussion ot the issues that arose over the appiicability 
of the Environmental Assessment Act to it. The paper is 
intended to be a contribution to the Commission's worK on 
planning and environmental assessment and to provide detailed 
technical substantiation for your conclusions and 
reconnendations. It also constitutes a full record of the 
Ministry's planning activities In the north. I am pleased to 
see that you have found it usetui tor your final report. 

rhis researcn nas been carried out over the past several years. 
Although a few of its findings liave become superseded bv recent 
events, practically ail of tnem remain valid to tins dav. 

The rruciaL importance or these subjects Co northerners clearly 
justlties the great etfort devoted to them by the public and your 
own staff. You established liiocation and management of natural 
resources as a major focus tor your hearings because you 
recognized that exercise by the Ministry ot Natural Resources of 
its roies of custodian, allocator, manager, and developer ot 
Crown Lands can shape the future course ot northern development. 



This paper reinforces your commlCTnent co environmental assessment 
aa emboaying principles that can serve to balance legitimate 
concerns of development and environmental protection and 
contribute to better planning. 

The first part of this paper is essentially a summary of the main 
conclusions reached regarding the application of environmental 
assessment to the planning, the status to be accorded to the land 
use plans and guidelines, and the defects of the planning as a 
basis for serving northerners' needs. 

The second part examines the principles and process adopted lor 
land use plannlne notlnty rhpi r t-roiihlesozie l=pllcatlv,:io for the 
substance of the documents ultimately proauced. 

The third part focuses on the documents themselves with special 
reference to those for the West Patricia area. They demonstrate 
biases in favour of industrial development of natural resources 
and the creation of wilderness parks. Moreover, they failed to 
provide a !-ai f iciently wide range of planning options for 
productive response by nnrthprners and to examine fully the 
social, economic and natural environmental consequences of the 
options. In sum, the pLan liocurnents portend no fundamental 
change in the terms and conditions or northern development. 

The last part of the paper deals with the issues surrounding the 
■ipp] 1 cit icn cf the Llnvirc/nmenLdl. A>>sessrnent Act to the Land use 
plannini^ "md the <^on<;equences or .he Minioter .if rhe 
tnvi ror.inent ' s decision that the Act does not appiv to the plan 
^uidciir.cr,. ,'.^l&. I lidve urawn extensively r rem the transcripts 
of your t-.earings. 



Althougn in some places, Che view;; viXDrossed in Lhii (-aper are 
reprt.'setited to be those ol rhe Coramission, I raiisc acknuwiedge 
here that they are soieiy mv -^wti. My -ojective has heen simply 
to write the pap»^r in such a w.iy mar yon could "lltt" sections 
of it directly ior inciubii.a in yo-.jr -inal Report it you =.0 
wished. 




Ian S. Eraser 
Director of Research 



1 - 



PLANNING BY THE MINISTRY OF NATURAL RESOURCES 

INTRODUCTION 

One overriding objective of the Commission's program is to 
recommend improvements in the methods used to reach decisions on 
northern development. In its reaction to Reed Limited 's timber 
harvesting and mill proposals, mercury pollution in the English- 
Wabigoon system, and other large projects being mooted across the 
north, the public insisted that development patterns of the past 
and their adverse consequences should not be replicated in the 
more-remote north and hence that fundamental changes need to be 
made in the planning and decision processes. 

My Commission's interests in decision-making for Ontario 
North of 50° have focused primarily on the evaluation process 
stemming from the Environmental Assessment Act, 1975, on the 
planning process applied by the Ministry of Natural Resources, and 
on the embodiment of environmental assessment principles in the 
planning. 

The Ministry of Natural Resources' planning and program- 
delivery activities have potential to shape the future course of 
northern development, which will continue to depend primarily on 
the use of natural resources. The Ministry performs crucial roles 
of custodian, allocator, manager, and developer of the Crown lands 
that comprise practically all of Ontario North of 50°. Land use 
planning by the Ministry creates a framework, of objectives, 
strategies, and targets that gives direction to the subsequent 
formulation and eventual carrying out of projects and plans to 
manage resources. Consequently, decisions on the allocation and 
management of natural resources, consistent with a plan, can have 
crucially important beneficial or harmful consequences for the 
cultural, economic, and natural environments of the north. For 
these reasons, my Commission's programs of research and public 
participation have accorded a central place to evaluating the 
conceptual underpinnings, principles, process, research and public 
consultation methods, and products of the Ministry's planning. 

The Environmental Assessment Act, 197 6 can play the 
central role in balancing the legitimate concerns of development 
and environmental protection. The Act establishes a planning and 
decision process that takes into account, at an early stage, all 
possible environmental effects of significant undertakings. 
Moreover, the Act can give the public an avenue for involvement 
In decision-making and a means of access to an accounting of how 
and why decisions are reached. I strongly support the views 
expressed to me that the future of the north depends to a very 
great degree on the effective application of environmental 
assessment to all proposed enterprises likely to have significant 
impacts and that environmental assessment principles are an 
essential ingredient of good resource planning. 



Appendix 14 



- 2 



PLANNING AND ENVIRONMENTAL ASSESSMENT 

The evidence before me leads rae to conclude that 
environmental assessment principles necessary for good planning 
have not been injected satisfactorily into the land use planning 
for Ontario North of 50°. Nor am I confident that these 
principles will be applied effectively at later stages in the 
Ministry of Natural Resources' planning system. 

For most of this Commission's life, the government affirmed 
and reiterated that the Ministry's land use planning activities 
are provincial government activities that were to be dealt with 
under the Environmental Assessment Act and that the plan for 
the West Patricia area, in particular, would be subject to full 
individual environmental assessment 

p>2n marked by 
controversy regarding the point at which the Act should be applied 
in the system, which differentiates land use planning from a 
subsequent stage of resource management planning. In late 1982, 
the Ministers of Natural Resources and the Environment informed me 
that the land use plans, including the plan for West Patricia, 
were not, after all, subject to the Act; the Act would instead be 
applied later, when reaching decisions about the allocation and 
management of resources associated with individual major projects, 
which might be consistent with the land use plans, or not. 
The ministers separated decision-making from land use planning by 
asserting that the plans about to be completed would be, in fact, 
only guidelines that might be adhered to, taken into account, or 
ignored. 1 believe that this about-face by government, and the 
consequent ambiguous status of the guidelines as a basis for 
decision-making on development, can only erode public confidence 
in both land use planning and the administration of the 

Environmental Assessment Act. 

Towards discharge of my Commission's obligation to assist the 
Government of Ontario in refining its planning and decision-making 
processes for allocation and management of natural resources 
across the remote north, I established resource allocation and 
resource management as central issues in my mandate, initiated 
staff research projects to evaluate the planning system, the plan 
documents, and the public involvement process, directed written 
questions to the Ministers of Natural Resources and the 
Environment, and had my staff and legal counsel analyze views 
expressed on these matters by the public in written submissions 
and orally at hearings. As a result of these activities, I have 
amassed a staggering amount of testimony that I have found 
difficult to assimilate, to evaluate, and to respond to in a 
constructive manner. 

The Ministry of Natural Resources has spent years of time and 
effort and millions of dollars of public money to carry out its 
land use planning across the north. Over the course of my 



Appendix 14 



- 3 - 



Commission's work, T have gained a great deal of respect for the 
high motives underlying the planning, for the dedication and 
competence of the planners, for the heightened awareness of issues 
that has resulted from the Ministry's public involvement program, 
and for the evident usefulness of the information assembled. Land 
use planning across the north has many accomplishments to its 
credit. And many of the criticisms that have been levelled 
against it by the public and are now levelled against it by me 
stem from limitations inherent in the Ministry's mandate and hence 
beyond the Ministry's control. 

I have had to conclude, with reluctance, that the land use 
plan documents and the assumptions underlying them are so 
seriously flawed that they must not be implemented. The Minister 
of Natural Resources has reinforced this view (although not likely 
for the same reasons) by downgrading the status of the documents 
to that of guidelines that might or might not be adhered to. 
Moreover, I consider that the documents are so seriously flawed 
that they should be discounted as a basis for informed 
decision-making about balanced development in the north. 

I base my conclusion that the land use guidelines, in their 
present form and with their present ambigious status as regards 
government commitment to them, should not be used for 
decision-making on four main grounds, all stemming from my terms 
of reference. First, the guidelines portend no fundamental change 
in the nature, scale, terms and conditions of northern 
development; their implementation would merely perpetuate and 
extend into the more-remote north a kind of development so clearly 
unacceptable that the government was moved to create my Commission 
and to accelerate land use planning in the West Patricia area. 
Second, the land use planning process culminating in the 
plans/guidelines failed to examine a sufficiently wide range of 
development alternatives or to evaluate and compare the 
implications of those alternatives that it did examine in social, 
economic and natural environmental terras; the process thus 
disregarded the principles of good planning called for by the 
Environmental Assessment Act. 

Third, the process reinforced, rather than allayed, the 
legitimate complaints of northerners, particularly native 
northerners, that they lack power to significantly influence the 
decisions being made about the course of northern development in 
government and corporate boardrooms elsewhere; northerners made it 
plain that simply being heard is not good enough. Fourth, the 
ambiguous status of the plan documents as a basis for 
decision-making about development leaves far too much 
discretionary power in the hands of politicians and senior 
bureaucrats. 

In reaching my conclusions and framing ray recommendations 
about planning for resource allocation and management in the 



Appendix 14 



- 4 



north, I consulted six vast bodies of evidence. First, I had my 
staff carry out a technical appraisal of the Ministry of Natural 
Resources' statements about the underlying principles, intent, 
scope and methodology of its own planning system, as set out in 
its publication Guidelines for Land Use Planning, 1980 and 
various internal documents. The second body of evidence was the 
substance of the plan documents themselves, as they evolved from 
the relatively unsophisticated, preliminary, regional strategic 
plans for Northwestern Ontario and Northeastern Ontario published 
during the mid-to-late 1970s to the much more comprehensive and 
polished regional strategic plans and district guidelines of the 
past two years. The third body of information was the outcome of 
my staff's observation and evaluation of the Ministry's public 
involvement program in the north. The fourth was an examination, 
again by staff, of the changing relationship between the Ministry 
of Natural Resources and the Ministry of the Environment in 
matters respecting the desirability of applying environmental 
assessment principles to planning for resource allocation and 
resource management. The fifth body of evidence was the responses 
of the ministers and staff of these two ministries to the letters 
I wrote to them and to the questions I raised for them at formal 
public hearings. The sixth, no less important than the others, 
was the comments and recommendations made about planning and the 
applicability of environmental assessment thereto by government 
officials, interest groups and the public generally in written 
submissions and in oral presentations at my hearings; as expected, 
these comments and recommendations ranged from broad conceptual 
and methodological matters to more parochial matters having to do 
with the likely impacts of plan implementation on local areas and 
business enterprises. 



POWERS AND LIMITATIONS INHERENT IN THE MINISTRY OF NATURAL 
RESOURCES' MANDATE 

The Government of Ontario bears responsibility for planning 
across the north and hence for decision-making about future 
development there. Since its Design for Development Program 
was disbanded in the late 1970s, the government has abandoned any 
mechanism for comprehensive provincial and regional planning 
spanning the social, economic and natural environmental fields. 
Such planning as now exists is compartmentalized in individual 
ministries, which carry it out mainly in order to rationalize and 
streamline their own policies and program-delivery activities. No 
single agency of the provincial government is mandated to plan 
comprehensively. Each agency that does plan does so largely 
within the scope of its own jurisdiction. 

The dichotomy between the powers of the Ministry of Natural 
Resources to affect the course of northern development and the 
limitations of its mandate to assume responsibility for the 
outcome of northern development has become a major issue for 



Appendix 14 



- 6 



northerners and a perplexing one for me. The Ministry wields 
enormous powers in the north by virtue of its roles as custodian, 
allocator, manager and developer of the Crown lands that comprise 
practically all of Ontario North of 50°. The Ministry's exercise 
of these roles in delivering its programs has major consequences 
for people and the natural environment in the region. Yet the 
Ministry's plan documents pay scant attention to the likely 
social, economic and natural environmental impacts of the programs 
that they advocate. The Ministry has never claimed that it is 
engaged in comprehensive planning, an activity for which it is, in 
any event, neither mandated nor staffed. Instead, it asserts that 
its planning system, and the system's land use planning component 
in particular, is designed primarily to meet the Ministry's own 
needs for coordination of its programs. While internal 
coordination is an unarguably laudable objective for an agency 
having such diverse interests and responsibilities, the Ministry's 
activities, whether coordinated or not, do have a major impact 
across the north. Hence, the appropriateness of its planning 
system for informed decision-making on northern development and 
for resolution of northern tradeoff issues is a legitimate matter 
for the public's concern, and my own. 

No single agency, even though well-intentioned, should wield 
such a degree of power over northern development and yet be 
unaccountable for the consequences. Clearly, the biases and 
limited scope inherent in planning by a single agency can lead 
only to a narrow and distorted view of what should be done to meet 
northerners' needs for a balanced, controlled approach to 
development and environmental protection. I believe that conduct 
of northern planning should be shared and coordinated across 
ministries having responsibilities in social, economic, and 
environmental matters and that steps must be taken to ensure that 
northerners can play a stronger role in planning and 
decision-making on issues that affect them. 

COMPONENTS OF THE MINISTRY OF NATURAL RESOURCES' PLANNING 
SYSTEM 

The Ministry of Natural Resources is not required by any 
statute to create formal plans of any kind. The Ministry cannot 
point to any single legislative authority for Its land use 
planning activities. Its planning process stems from policy 
decisions made at Cabinet and ministerial levels rather than from 
legal specifications. 

The Ministry's corporate planning system consists of five 
interlocking subsystems: policy planning, land use planning, 
resource management planning, work program planning, and work 
program evaluation. The Commission's research has focused on land 
use planning and its relationships with the policy planning and 
resource management planning components of the system. It has 
sought to establish the point or points at which the 
Environmental Assessment Act can be most fruitfully applied in 



Appendix 14 



- 6 - 



the continuum of planning and decision-making activities that 
these three subsystems embody. The research has evaluated the 
planning principles, the planning process, and the substance of 
the plan/guideline documents themselves, using as touchstones the 
Ministry of Natural Resources' Guidelines for Land Use 
Planning J 1980 and the Ministry of the Environment's General 
Guidelines for the Preparation of Environmental Assessments, 
1981, 

Policy planning, which flows from the basic philosophical 
presuppositions of government, answers the question of "what", in 
the Ministry's words, "is to be achieved and why"? Policy 
planning, as the first component in the planning system, puts in 
place a policy framework for land use planning and for the other 
subsystems that follow on from it. Although the land use planning 
process provides for modification of policy through analysis, 
testing and perhaps public input, the extent to which these can 
effect changes in fundamental policy thrust remains open to 
serious question. 

The Ministry defines a land use plan as "a document which 
indicates how the Ministry plans to use Crown land and. . .intends 
to influence the use of private land in achieving its objectives." 
It states that the purpose of a land use plan is "to coordinate 
the various Ministry programs, concerning the use of land, so that 
conflicts and inefficiencies are avoided and all objectives are 
met." The land use plans - now "guidelines" - provide a spatial 
framework and direction for the formulation of resource management 
plans for particular uses and areas. 

The placing of resource management considerations largely 
outside the domain of land use planning creates an arbitrary 
distinction between ends (land use objectives) and means 
(management), and thereby raises questions about the 
appropriateness and attainability of objectives, impairs the 
generation of plan options, and complicates the issue of the 
applicability of the Environmental Assessment Act to the 
planning system. 

LAND DSE PLANNING: PRINCIPLES AND PROCESS 

The Ministry of Natural Resources sets out the purpose, scope 
and approach of its land use planning in Guidelines for Land 
Use Planning, 1980. This document first states a set of nine 
planning principles to be adhered to by the Ministry in 
formulating and evaluating land use plans (Figure 1). It then 
defines a seven-step planning process that begins with the setting 
of terms of reference and ends with the approval and 
implementation of district plans. Figure 2 shows this process and 
its functional links to policy generation and resource management. 



Appendix 14 



- 7 



Finally, the document sets out prescriptions for involvement by 
the public in the land use planning process. 

These three interwoven elements - principles, process, and 
public involvement - together constitute a logical, coherent, and 
internally consistent framework governing land use planning to 
meet the Ministry's own objectives. And, in a broader planning 
context, they could have produced better plan documents than they 
did. That they did not is attributed to two main factors: 
limitations of scope inherent in the Ministry's mandate and 
shortcomings in the application of the planning principles and 
methodologies established. 

Principles 

Planning Areas 

The sixth principle stipulates that "planning decisions 
should be made through a hierarchy of planning areas where broad 
decisions are made before detailed decisions" in order to 
"guarantee overall consistency and balance across the province." 
Land use plan documents are prepared for the province, the 
planning regions (Northwestern Ontario, Northeastern Ontario and 
Southern Ontario) and districts of the Ministry of Natural 
Resources. 

In essence, the Ministry's land use planning embodies a 
"top-down" process, iterative to a degree, through which 
provincial policies are first consolidated at the level of the 
province and then progressively refined and given greater detail 
and locational specificity at the regional and district levels. 
By and large, the district plan documents state provincial policy 
articulated at the district level rather than an authentic 
district perspective on policy. This emphasis in land use 
planning is understandable and logical - the Ministry is, after 
all, a provincial agency - but it detracts from acceptability in 
the districts, where the plan prescriptions may be applied. 

Policies, Objectives and Targets 

The first planning principle asserts that plans are made to 
attain ends, for which the Ministry uses the terms policy , 
objective and t arget . Policy is the "decision concerning the 
objectives to be achieved and the means of achieving them." An 
objective is "a quantifiable end result to be achieved." Targets 
are "quantified objectives with a date for achievement" the year 
2000 in this case. 



Appendix 14 



FIGUEIE 1 



THE PLA^1NI^JG PKir^CIPLES 



Plans are made to actiieve objectives. Ihese 
must be clearly identified in the planning 
process. 



2. Public participation is essential in the plan- 
ning process. 



3. The planning process must include distinct 

points where options are considered and full 
disclosure is given of the conseqiaences and 
trade-offs associated with each option. 



4. Planning is a dynamic process. 

5. Plans must be made for a long terra and should 
provide for fiature options. 



6. Planning decisions should be made through a 
hierarchy of planning areas vvhere broad deci- 
sions are made before detailea decisions. 



The public good must take precedence over the 
individual good. 



8. Plans must identify land so that the most effi- 
cient use is made of land as it relates to the 



Gwj ec i_ i.vea I 



9. Plans mui>L recognize chat the natural environ- 
ment lias limited ability to provide long terra 
benefits and to withstand use. 



Appendix 14 



!A - 



IGURE 2 



RELATION' BETWEEN PROVINCIAE. RECIONAE AND nif^TKlPT I,A\-n II 
PLANNING AiND RESOURCE MANAGEMENT PLANNING 



Resource 

>lanageinent 

r'lanning 

ndividunl Pohcv 
)n<:inaled bv — " 
iranch concerned 



ilanaRc Allocated 
^nd w meet 
)olic\- — ■ 



Lund Use Plannmp 



I ProviTiCia! 



' He^ionBl 



DiKtricl 



1. Terms of Reference 

2. Inlormaf.on 

3. Develop provincial 
policy by —^ 
assembimp 
individual policies 
and assipn tarjjeu< 
to planning region 



Terms of 

Keierence 

Iniormation 

Develop Regional 

Policy 

L>evelop * 

Conceptual Plan 

and assign 

targets to 

Districts 



1. Terms of Reference 
I 2. Information 
I A. Develop the District Policy 
I 4. Develop the Conceptual Plan 
1 5. Develop the Land Use Plan 
I 6. Develop the Review Procedure 
j7. Plan Approval and implementation 



- 9 



MAP 



MINISTRY OF NATURAL RESOURCES PLANNING REGIONS. 
ADMIMSTIIATIVE REGIONS AND AUMLNISTK_A'n VE DISTRICTS 




REGIONS 
L NORTHWESTERN f^.' ^ , -v ^v-"''';' £ .„.. 

2. NORTHCENTRAL />-"/ ,,^ '^^■- "-"''"'. ^.>^''^' l 

3. NORTHERN / -' ^ ,' - , ^ .,---. 

'' / * \ \ ' 

4. NORTHEASTERN / o / r 

/• - \ 
D.ALGONQUIN ' ^ " v.^ 






6. EASTERN 

7. CENTRAL 

8. SOUTHWESTERN 



I \ 

1 









•'""• «««c*< 



lAwtoS 



,s, .':"v.«~H ^p,r:.': *-'• 



A. 



SMC UiJJ 



Appendix 14 



- 10 



The progressive coordination and detailing of policies, 
objectives and, especially, targets dovm through the planning area 
hierarchy represent the means whereby the Ministry's province-wide 
policies are transmitted ultimately to its districts. The 
district targets represent the hard, usually quantified core of 
the district plan guidelines, the explicit statements of ends to 
be attained and to be taken into account when reaching decisions 
to allocate natural resources, initiate projects or undertake 
management programs. Therefore, analysis of the targets 
themselves, their method of derivation, and the key assumptions on 
which they rest provides the clue to identifying fundamental ends 
of the Ministry's land use planning and the balance accorded by 
the planning to economic, social and natural environmental 
matters. Problems with targets underlie many of the deficiencies 
evident in the plan documents themselves. 

Weighting of Social, Economic and Natural Environmental 
Objectives 

The weight and balance that the government places on 
economic, social and natural environmental objectives shifts over 
time and may not be explicitly expressed. The planners, 
confronted with the task of correctly gauging the government's 
current mood, and therefore determining what will be acceptable 
and what will not, have affirmed the overriding importance of 
meeting economic objectives. The eighth planning principle states 
that plans must ensure "that the most efficient use is made of 
land," going on to emphasize that the optional plan which "would 
permit the achievement of all the objectives at lowest cost would 
generally be the best plan." Here, the Ministry is affirming that 
its "optional land use plans must be evaluated on their long-term 
economic efficiency." 

Generation and Evaluation of Options 

The Ministry of Natural Resouces ' land use planning process 
calls for the generation of options and stipulates that "full 
disclosure is given of the consequences and trade-offs associated 
with each option." This principle is fully consistent with 
procedures under the Environmental Assessment Act, which 
require a proponent to show that the environmental effects of 
various alternative courses of action were identified and 
evaluated before one of them was selected and put forward as the 
undertaking. The failure of the Ministry of Natural Resources to 
effectively implement this principle of its own in this instance 
is a central theme of the Commission's evaluation. 



Appendix 14 



- 11 - 



Flexibility Over the Long-Term 

The fifth planning principle is that "Plans must be made for 
a long term and should provide for future options." The fourth 
reinforces this by affirming that "Planning is a dynamic 
process.... and must be sensitive to changing conditions and new 
information." In effect, choices are meant to be left open to 
accommodate both unforeseen circumstances and the needs of future 
generations and, therefore, land use planning must continue on 
beyond the production of district plan documents to monitor their 
implementation and if necessary to review and revise them. 

These principles are laudable, and should be adhered to. 
However, the Commission's research and the Ministry's internal 
evaluation of its land use planning for Northwestern Ontario and 
Northeastern Ontario cast doubt on the flexibility of the plans, 
if implemented, to accommodate future options to a significant 
degree. The Ministry's own target setting, for example, 
demonstrates that the development potentials of biological 
resources in Ontario's vast remote north are not only finite but 
can become fully utilized over a short period of time. And, 
without proper management and conservation, these potentials could 
become readily exhausted. 

Environmental Limits to Development and Use 

The ninth planning objective establishes that "Plans must 
recognize that the natural environment has a limited capacity to 
provide long terra benefits and to withstand use." The Ministry 
introduces the concept of capacity to denote environmental limits 
on development and use of biological resources and, in preparing 
its land use plans, establishes capacity standards as a basis for 
calculating the supply of these resources that can be sustained 
over time. Moveover, as the Guidelines for Land Use 
Planning note, the Ministry recognizes that "capacity does vary 
according to the level of management" and that therefore "the 
assumed level of management for each capacity standard chosen must 
be explained." 

But the Ministry has placed detailed consideration of 
resource management beyond the scope of land use planning. Its 
regional and district plan documents can deal with the management 
assumptions associated with the capacity standards set for 
particular biological commodities in only a superficial and 
unquantified manner. And, as later discussion shows, the planners 
evidently assumed that management intensities for such commodities 
as timber and fur-bearers would be applied uniformly across the 
district or large parts of it and not adjusted to reflect 
variations in such factors as capability, habitat, and competing 
uses. Finally, the documents establish production targets for 
many biological commodities at levels equivalent to or approaching 
specified productive standards. 



Appendix 14 



12 - 



How then, given these uncertainties about the relationships 
between standards, management, and targets, can the decision-maker 
or reader be confident that the standards, general management 
prescriptions, and targets presented are realistic, appropriate, 
and attainable? Reservations about these matters lay open the 
very core of the planning to serious question. 

Beneficiaries of Land Use Planning 

While the seventh principle asserts that "the public good 
must take precedence over the individual good," the 
Guidelines shed no light on two related questions crucial to 
this Commission. Who are to be the primary beneficiaries of the 
Ministry's planning? To what extent are the concerns of local 
people, particularly native people, to be taken into account in 
the plan documents or to be accorded priority in development? 

Resolution of this issue clearly lies beyond the Ministry's 
mandate. It is not surprising that, when the plan documents 
attempt to confront it, they do so in an ambiguous and equivocal 
manner. Nevertheless, the Ministry has since 1974 adhered to a 
contentious policy of protection for local and traditional users 
that guided officials in their routine operational decisions. 
That policy was to restrict disposition of public lands north of 
the 11th baseline in the northwest, north of the Albany River in 
the centre, and north of the 7th baseline in the northeast in 
order to prevent over-exploitation and resource use conflicts. 

The Ministry now appears to adopt the position that 
completion of the district land use plans-guidelines in the north 
would enable it to make allocation and management decisions case 
by case on the basis of existing use and resource potential 
considerations, tempered by public consultation, and that the 
public land disposition policy would hence become redundant. The 
Ministry's stance on local and traditional users is of central 
concern to my Commission. In effect, the disposition policy, 
though admittedly ad hoc, accorded a measure of priority to native 
people in the allocation and management of natural resources in 
the northern part of Ontario North of 50°. Its abandonment could 
open the door to development of the remote north by outside, 
non-native interests, particularly tourist outpost camp operators, 
and could prove to be a particularly explosive issue across the 
north. 

The Land Use Planning Process 

Policy Development 

The Ministry of Natural Resources' Guidelines for Land Use 
Planning J 1980 set out a seven-step land use planning process 
to be applied through the hierarchy of planning areas (Figure 
2). As the Guidelines point out, 



Steps 6 and 7 may no longer be relevant, now that the district 
plan documents have been relegated to "guideline" status. 



Appendix 14 



- 13 



"The full planning process is not carried out at all 
levels. The main purpose of the provincial plan is to 
give policy direction to the regions. The main purpose 
of the regional plan is to give policy direction and 
some area designations to the districts.... At the 
district level of planning, policy must be translated 
into a land use plan and as a result the entire planning 
process must be completed." 

The essence of the process is embodied in two key tasks which 
are the focus of the following discussion. The first entails 
policy development and policy refinement through testing. The 
second calls for the transformation of policy into spatial terms, 
in the forms of first optional plans, then a preferred option, and 
finally an approved plan. Policy development at the provincial 
level is government's prerogative and takes place largely outside 
the ambit of land use planning. The provincial land use plan 
synthesizes provincial policies and assigns the associated 
objectives and targets to the Northwestern Ontario, Northeastern 
Ontario and Southern Ontario planning regions. At the level of 
the planning region, 

"Policy is developed by testing the proposed targets 
through public participation and by calculation of the 
capacity of the region to produce desired benefits. If 
the proposed targets are unacceptable then alternatives 
must be proposed, evaluated and negotiated with the 
provincial level. If the policy is acceptable a 
conceptual plan is developed and targets are assigned to 
districts." 

Policy development at the district level takes place in the 
same manner except, of course, that negotiations are conducted 
with the regional level. As the Guideline;^ frt' 'jund Use 
Planning state, 

"The essence of a district plan is an identification of 
appropriate land and water areas for the various 
Ministry programs. For Crown land the plan must provide 
for all government programs. For private land the plan 
must identify those land and water areas which are 
critical for achievement of the Ministry of Natural 
Resources programs. 

"Ultimately the plan must be compatible with other 
agency plans including those of the Conservation 
Authorities and the plans of the municipalities." 

A Seven-Step Process 

The first step entails establishment of the terms of 

reference for the plans by identifying the primary clients, the 

decision makers, the work program, and the schedule of events for 
public participation. 



Appendix 14 



14 



The second step calls for the collection and analysis of 
information in order to establish natural resource, present use, 
and existing plan parameters for dimensioning the resource supply 
component in the plans. Supply potentials for future development 
are derived by deducting present use and the land and water 
requirements associated with existing plans from the total 
potential level of supply or production. The Ministry 
acknowledges a special obligation to integrate the Crown land 
requirements of other government agencies with those of its own 
program fields. 

The third step, policy development, brings together, compares 
and reconciles two streams of earlier work: on the one hand, the 
policies, objectives and targets assigned for individual program 
fields by work at the next higher level in the hierarchy and, on 
the other, the potential production measures derived from the 
second step. Since the targets represent demand for programs 
(i.e., for goods and services), this third step calls for a 
comparison of supply and demand measures for such individual 
commodities as timber, fur, and recreation. The methodology used 
is referred to as single-factor target testing. Through its 
application at both regional and district levels, targets may be 
considered acceptable if they do not exceed total potential 
production and if they are not opposed on strong social grounds. 

The fourth step in the planning process entails the 
generation and evaluation of a conceptual plan that will 
approximate the final plan. According to the Guidelines for 
Land Use Planning, the conceptual plan is to be derived first 
by preparing a series of optional conceptual plans and second by 
evaluating these options and selecting a preferred one. For 
generating optional plans, the Ministry planners devised a 

procedure known as multiple-factor target testing in order to 
determine whether all targets can be achieved collectively and 
without conflict from the available resource base. The test 
embodies an iterative process for revision of amenity targets, 
economic targets and conflict assumptions until all program 
conflicts are resolved and all individual program targets can be 
met. Unfortunately, the district plan documents provide no 
evidence that this test was ever applied. 

Optional plans are then to be evaluated and a preferred one 
chosen on the basis of criteria stated in the Guidelines as 
follows: 

"Since each conceptual plan to be viable must meet all 
the targets, the only difference between them would be 
economic costs, social preference, future options and 
whatever environmental impacts are not accounted for in 
the targets. The planner must describe all these 
variables and clearly portray these to the decision 
makers who will make the choice. 



ApyendC.': 14 



- 16 - 



"It is suggested that, all other things being equal, 
preference be given to plans that: 

(a) cost least to implement; 

(b) maintain most future options; 

(c) are most acceptable socially; 

(d) cause least environmental damage." 

For the regional planning, this step is the concluding one. 
The finally approved conceptual plan for the region provides a 
framework for further articulation at the district level and the 
reconciled targets are assigned as a prerequisite for generation 
and evaluation of options by the district planners. 

In the case of the regional planning for Northwestern Ontario 
and Northeastern Ontario and the planning for West Patricia and 
perhaps some other districts, the actual application of this 
fourth step diverged markedly from the above guideline 
prescriptions in several crucial respects. At the regional level, 
the planners carried out target testing and option generation as 
an entirely in-house exercise. However, the procedures followed 
and the evaluation criteria used are not documented in the 
approved regional plan reports. The public was not provided with 
any explicit accounting of how the conceptual plans for the 
regions were devised and evaluated or how the targets ultimately 
assigned to West Patricia and other districts were set. 

In the case of West Patricia, target testing and the 
generation of options took place only in a truncated fashion. The 
planners were unable to produce any optional conceptual plan that 
could achieve all program targets. Yet, a fundamental principle 
of the planning system is that a plan, to be feasible, must meet 
targets to the maximum extent possible. And so, instead of 
applying the valid evaluation criteria set forth in the 

GuideZinAs , the planners had to evaluate options and select 
a preferred option solely on the basis of degree of target 
achievement. Neither the decision makers nor the public were 
provided with an accounting of the consequences of the options in 
social, economic, and natural environmental terms. 

The P'/>:)posed Policy and Optional Plans documents for 
the West Patricia area and districts across the north, released in 
June 1982, record the results of the land use planning process to 
the end of the fourth step. The fifth step calls for development 
of the land use plans for the districts through refinement of the 
preferred conceptual plan. The refinement process entails further 
specification of internal zones and prescriptions and analysis of 
the public's response to the options offered. In the case of 
northern Ontario, targets and other prescriptions for the 
individual districts were compared and reconciled through 
synthesis. The Minister of Natural Resources reviewed a draft of 



Appendix 14 



- 16 - 



the plan guidelines for each district and discussed it with the 
district manager. After modification through this internal 
review, the Land Use Guidelines for each district except 
West Patricia were completed and published. 

The Ministry's land use planning process appears to have been 
truncated at the termination of the fifth step. Given the 
guideline status of the published reports, further consideration 
of steps 6 (Review Procedure) and 7 (Plan Approval and 
Implementation) appears to be irrelevant and redundant. 

Planning Phases and Products 

Strategic (Regional) Land Use Planning 

The Northwestern Ontario Strategic Land Use Plan and 
the Northeastern Ontario Strategic Land Use Plan, both 
published in the spring of 1982, constitute the products of the 
land use planning process for the two northern planning regions. 
These plans, which were approved by the Ministry of Natural 
Resources, established the framework of policies, objectives, and 
targets for planning in the West Patricia area and districts 
elsewhere across the north. 

These regional strategic plans were the outcome of a program 
of inventory, analysis, and public involvement spanning almost ten 
years. The Ministry originally foresaw that this process of 
progressive refinement of policies, objectives and targets at the 
regional level would be carried out in three phases, each 
involving release of a document that would form the basis for 
further review, research, and consultation. The phasing actually 
implemented differed somewhat from that originally set out. 

In the case of northwestern Ontario, the first phase 
culminated in the document Background Information and Approach 
to Policy in September 1974, the second in Proposed 
Policy in September 1977, and the third in Strategic Land 
Use Plan in June 1980. This third document was not accepted as 
the final plan; instead two further years of refinement ensued 
before the approved strategic plan was released. The planning for 
northwestern Ontario thus went through three cycles of public 
involvement. 

In northeastern Ontario, the process was truncated so that 
only two cycles of involvement were implemented. The first phase 
culminated in Background Information and Approach to Policy 
in June 1978, the second in Proposed Strategic Land Use Plan 
in March 1980, and the third in the approved Strategic Land Use 
Plan in April 1982. 



Appendix 14 



17 



The 1980 plan documents for the two planning regions provided 
statements of policies, objectives, and targets that were judged 
to be superficial and incomplete. Their deficiencies reflect both 
the paucity of data, particularly for the more remote areas, and a 
lack of staff experience in specifying planning principles, 
policies and operational strategies at the regional level and in 
conducting effective public participation. 

Meanwhile, as early as 1977, the Ministry of Natural 
Resources was mounting a major program of resources inventory and 
analysis to accommodate the special planning requirements for the 
West Patricia area. And, by 1980, the Ministry was deploying 
greatly augmented staff and financial efforts towards data 
collection, analysis, public consultation, and the fleshing out of 
objectives, strategies and targets for regional and district land 
use plans across the north. Accordingly, the 1982 approved 
regional plans represent a vast improvement over the earlier draft 
versions. 

District Land Use Planning 

Land use planning at the district level, like that for the 
regions, was to have been carried out in three phases, each 
involving release of a report for subsequent public reaction. For 
planning purposes, the Ministry of Natural Resources has treated 
the West Patricia area, encompassing all of Red Lake and Sioux 
Lookout districts and a large part of Geraldton District, as a 
single district like others across the north. 

Land use planning in the northern districts was initiated in 
the late 1970s. The first phase entailed the assembly and 
analysis of information concerning characteristics, potentials, 
and uses of natural resources. This was a particularly formidable 
and costly task, necessitated by the paucity of data previously 
available for planning. In the case of West Patricia, the 
detailed results of this inventory phase were made available in 
two forms: 40 technical reports on fisheries, wildlife, and 
heritage resources released during 1979 and 1980 and 27 background 
information reports published for wide distribution during the 
period 1978 to 1981. This first phase work was summarized in 
Vest Patvioia Land Us<? ^lan: Background Information released 
for public review in January 1982. Background Information reports 
were published for other northern districts, except Moosonee, over 
the period May 1980 to March 1982. 

Following public response, the second phase culminated in the 
release of Proposed Poliay and Optional Plans documents in 
June 1982 for West Patricia and other northern districts, Moosonee 
again excepted. Strategic (regional) and district planning meshed 
at this time; in the various reports for the two levels in the 
planning hierarchy, the statements of objectives and strategies 



Appendix 14 



18 



are compatible and the district targets for the individual policy 
areas are identical. 

At this point, the phasing of the planning diverged from the 
process set out earlier. The third phase was intended to take 
into account public response to the options presented in the 
second for the preparation of a preferred conceptual land use 
plan, which in turn would be subject to public scrutiny before 
completion of the final district plans. This did not happen. The 
second phase documents offered instead what amounted to a 
preferred option, a "compromise option that best portrays a 
balance of target achievement for all Ministry programs". These 
documents were the focus of the second, and last, round of public 
consultation, analysis, and internal review by the Ministry of 
Natural Resources. In the Ministry's words, 

"Following the completion of the District Land Use 
Plans, the degree to which targets are achieved will be 
reviewed across the Planning Region. Where necessary 
appropriate revisions to the targets and policies will 
be made at both the strategic and district levels. 



• • • < 



,a final plan will be prepared which will maximize 
objectives while minimizing land use conflicts within 
the District. The approved District Land Use Plan will 
then provide, for the District, overall guidance for the 
operation of the resource management programs of the 
Ministry of Natural Resources." 

The Land Use Guidelines were published in early 1983 
for the following districts that project into Ontario North 
of 50°: Kenora, Dryden, Ignace, Nipigon, Hearst, Kapuskasing, and 
Cochrane. At the Commissioner's request, the Minister of Natural 
Resources agreed to withhold completion of the Guidelines 
for the West Patricia area until the Commissioner has made his 
recommendations. The Ministry's planning for Moosonee District, 
which includes the Hudson Bay and James Bay Lowlands, has lagged 
considerably behind that for the other northern districts and is 
still in progress. 

WEST PATRICIA LAND USE PLAN: 
PROPOSED POLICY AND OPTIONAL PLANS 

Scope of the Commission's Review 



The Royal Commission on the Northern Environment has reviewed 
the unfolding of the strategic and district land use planning 
across Ontario North of 50°. This review has focused on West 
Patricia for two reasons: first because this area epitomizes the 
major social, economic and natural environmental issues arising 
from increasing development impacts on the natural resources. 



Appendix 14 



19 



resource utilization patterns, and settlements of the Boreal 
forest and Shield environments of Ontario North of 50°, and second 
because land use planning for the Lowlands, the second main 
component, is still in its initial stages. The northward advance 
of the leading edge of more intensive development into the 
southern part of the area has been accompanied by new urban 
settlements, resource extraction on a large scale, and some 
devastating consequences for the original native inhabitants. Its 
expansion into the less easily accessible and more remote parts of 
West Patricia would impinge increasingly on fragile environments 
and on the natural resources available for wilderness outpost 
tourism, commercial trapping and fishing, and subsistence 
activities. The Commission is obliged, by its terms of reference, 
to assess the implications of the land use planning with respect 
to these issues. 

Because the final land use guidelines for West Patricia have 
not been published, the Commission's review has had to centre on 
the most recent report available. West Patricia Land Use Plan: 
Proposed Policy and Optional Plans. Option D, the option 

preferred by the Ministry of Natural Resources, has been assumed 
to be the one most likely to approximate the final guidelines. 

The review opens with a discussion of this document's 
contents, then provides a brief summary of what it has to say 
about the geographic pattern of future development in the area, 
and concludes with a somewhat technical treatment of major issues 
pertaining to target setting, the generation of optional plans, 
the criteria for evaluating options, and operational strategies 
for meeting objectives. 

Characteristics and Contents 

Proposed Policy and Optional Plans is the product of a 
process that has transmitted to West Patricia a provincial 
perspective on the allocation and management of the area's natural 
resources. The broad intent is to identify the lands and waters 
necessary to achieve the Ministry's programs for the year 2000. 
The hard core of the document's prescriptions is defined by the 
objectives and, in particular, by the allocation targets set for 
individual activities over which the Ministry has jurisdiction. 
These objectives and targets, and the broad operational strategies 
needed to attain them, are articulated both for the area as a 
whole and for its component zones, as delineated on end-paper 
maps. The document does not present explicit, substantiated 
strategies for trading-off between activities competing for a 
common resource base or for attaining simultaneously all 
objectives and targets; instead, such strategies are accorded 
extensive, non-quantified, descriptive treatment. 

West Patricia Land Use Plan: Proposed Policy and Optional 
Plans, released in June 1982, is a massive report consisting of 
368 text pages and four-end paper maps showing the zone divisions 



Appendix 14 



- 20 



for each option at a scale of approximately 13 miles to 1 inch. 
The report has six sections entitled Introduction, Methodology, 
Proposed Polioy , Optional Land Use Plans, Public Input, and 
Appendices . Three-quarters of the text is devoted to a 
discussion of the plan options. 

The Introduction provides merely a summary statement of 
land use planning in the West Patricia area in the contexts of the 
strategic land use plan for Northwestern Ontario and the Ministry 
of Natural Resources' land use planning program as a whole. 

The section on Methodology is a two-page summary of the 
Ministry's methodology for single-factor target testing, 
trading-off among conflicting land-use program areas (activities) 
and generating optional land use plans. The single-factor target 
test was applied to assess the attainability of district targets 
set in the approved strategic land use plan for northwestern 
Ontario in the light of better resource information available at 
the district level. In the Ministry's words, "at this stage, 
competition for the land base between various Ministry programs 
whose uses may be incompatible are not considered." The results 
of the testing led to adjustments in the district and regional 
targets. 

With respect to trading-off between competing activities, the 
report offers no explicit methodology. Yet Ministry planners had 
developed an elaborate multiple-factor target test, "in which the 
single factor requirements of each program are compared 
collectively to determine the degree of compatibility in target 
achievement within the District (i.e., is there enough land to 
satisfy all program objectives)". This test could illuminate and 
perhaps quantify major tradeoff issues. However, nothing in the 
report's text suggests that it was actually applied. The 
Ministry's optional land use plans are essentially the alternative 
compromise that it offers towards addressing the problems of 
competing demands for a common natural resource base. Each option 
in effect maximizes target achievement in at least one of the 
Ministry's main program areas. 

The report's third section, on Proposed Policy, deals 
first with ten general policies 1 and then with fourteen particular 
policies^ corresponding to the Ministry's program interests. The 



^The public interest, environment, multiple use, access roads, 
forest reserves. Crown land disposition, hazard lands, water 
management, fire management, and energy. 

^Residential development, industrial and special development, 
agriculture, mineral management, wildlife, commercial fur, wild 
rice, fisheries. Crown land recreation. Crown land cottaging, 
tourism, provincial parks, forestry, and sensitive areas. 



Appendix 14 



- 21 - 



general policies apply throughout the Northwestern Ontario 
planning region. The statements for particular policies have four 
components; first, a summary of the regional policy and the 
targets assigned by the regional plan to the districts within the 
West Patricia area; second, a synopsis of current resource 
utilization and associated issues in West Patricia; third, a 
discussion of supply and demand and their Implications for target 
achievement; and fourth, a general operational strategy for 
attainment of objectives and targets. 

The report's fourth section on Optional Land Use Plans 
describes, compares and evaluates four options, differing in their 
policy-area prescriptions for the Red Lake, Sioux Lookout and 
Geraldton components and, where appropriate, for zones within 
these components. All targets could not be attained 
simultaneously from the planning area's resource base; no single 
optional plan could satisfy all of the Ministry's program 
objectives. The optional plans illustrate the trade-offs 
confronting the Ministry. Options A and B maximize the objectives 
of the provincial park system at the expense of resource 
production objectives. Option C maximizes resource production 
objectives at the expense of park objectives. Option D is offered 
as a "compromise option that best portrays a balance of target 
achievement for all Ministry programs". 

The report's description of optional plans is presented in 
overview summaries of each option, in tables highlighting target 
achievement and impacts of programs on each other for each option, 
in a detailed statement on land use activities by zone for Option 
D, and in a comparative evaluation of the four options in text and 
tabular form. 

The fifth section on Public Input solicits responses 
and contributions from the public that would assist the Ministry 
in the preparation of the final land use plan for the West 
Patricia area. The sixth section, Appendiaes , consists 
mainly of summaries of the Ministry's public participation program 
and the responses to the Background Information report for 
the West Patricia area. 

Co—on Elements in the Substance of the Optional Plans 

Proposed Policy and Optional Plans does not convey, in 
graphic or verbal form, a clear spatial picture of the four 
options' main resource allocation thrusts, operational strategies, 
future land use patterns, trade-off implications, and 
differentiating features. The Commission found that it could not 
grasp, without considerable effort, what it is that these optional 
plans are prescribing. 



Appendix 14 



22 



This deficiency is mainly attributable to the sectoral, 
activity-by-zone approach adopted for presentation, an approach 
stemming from the Ministry's program-area focus in its planning. 
The plan document's prescriptions for the eighteen specific 
resource-based activities considered are presented for a large 
number of zones, ranging from fifty for Option C to ninety for 
Option B. In short, a conceptual grasp of the spatial thrust and 
substance of the plan options could only be derived by synthesis 
and aggregation of several thousand variables. For this reason, 
one would expect most public response to the plans to comment on 
their individual sectoral, activity or zonal components rather 
than on the concepts and principles underlying the plans as a 
whole. 

The Commission's analysis sought to clarify the broad 
similarities and differences associated with the four optional 
plans presented for the West Patricia area.- It demonstrated that 
these plans share most elements in common and, indeed, would be 
almost identical were it not for considerable differences in the 
location and extent of the park lands that they allocate and minor 
variations in the outer perimeter of the area within which timber 
harvesting would be encouraged or at least permitted. 

These common elements can be illustrated in generalized 
fashion by three overlapping lines (representing transitions) 
extending across West Patricia and by the zones that they 
delineate. Criteria for positioning these lines included 
biological resource capability, patterns of settlement and 
existing road access, the current type and intensity of resource 
use and, of course, the optional plan prescriptions. Park 
allocations are unique to each option. 

The southernmost line defines the outer edge of a road access 
envelope that includes all non-native settlements, almost all 
year-round roads now in existence or authorized, and all 
"allocation areas" already earmarked for timber harvesting in the 
near future. Although two main road salients project beyond the 
envelope towards Pikangikum and Windigo Lake, the line itself can 
be considered to represent the western limb of the advancing 
leading edge of extensive and intensive development and non-native 
settlement in Ontario North of 50°. 

This envelope is the most highly developed part of West 
Patricia; it contains, for example, all areas that are now or have 
been under active timber harvesting, major mining camps, and the 
greatest concentrations of tourist base lodges and cottage 
subdivisions. According to the plan document, commercial resource 
production for timber, minerals, fur, wild rice and non-sport fish 
species will be encouraged or permitted, with appropriate controls 
being exercised to protect scenic, recreational and other 
important values. The document seeks to strike a reasonable 
balance between commercial tourism development and public 
recreation on Crowns lands. However, in this area, use pressures 



Appendix 14 




SCALE 1=3^80,000 



Wfest Patricia 



NORTHERN LIMITS OF 



Fores! Acce^^ P<j:;acl5 



PotenTiorl Oorr\rr\ercja\ 
Tinnber {-^arvesflna 

Sfrona Anglincf and 
Humrtincj Pressures 



- 22 - 



have imposed the greatest stress on the sport fish and wildlife 
resources so important to tourism and recreation. Most of the 
lakes are now being fished at intensities at or above their annual 
productivity levels and much of the area is being over-harvested 
for moose. Consequently, any anticipated expansion in the tourism 
industry will be confined mainly to enterprises promoting 
water-based and backcountry activities other than fishing and 
hunting. 

A second line marks the outer perimeter of the area within 
which, according to the plan document's proposals, timber 
harvesting for commercial and personal purposes would be 
encouraged or permitted. This is the area that has been covered 
by the Ministry's forest inventory program. It is considered to 
contain most of the hitherto unexploited stands of merchantable 
timber remaining in the northwest. The line encloses the 
originally proposed "Reed" tract as well as all currently 
demarcated company and Crown forest management units. 

The southernmost part of the area bounded by the line 
consists of the road access envelope and hence is subject to the 
development constraints and opportunities described above. 
Farther north, a diversified array of resource production 
activities is to be encouraged or permitted: forestry, mining 
exploration and development, commercial fishing, trapping, and 
wild rice harvesting. Most of this northern area offers 
opportunities for major expansion of commercial tourist lodges and 
outpost camps based on angling, hunting and other activities, 
although some parts of it, adjacent to the access envelope, have 
experienced severe pressures on sport fish and moose. Extensive 
tracts of land and water immediately beyond the access envelope 
have been assigned a priority for Crown land recreation. 
Guidelines for forest reserve buffer zones (now known as "modified 
management areas") along access roads and shorelines are to be 
applied, as appropriate, to protect significant aesthetic, 
recreational, wildlife and other values. 

A third line, crossing West Patricia from the Manitoba 
boundary at the Berens River to the western border of Geraldton 
District at the Albany River, represents a transition zone between 
areas having different potentials for new tourism development. 
This line passes through both lands that have been designated for 
expansion of timber harvesting and lands situated beyond. The 
sport fish and wildlife resources of the area to the south, 
adjacent to the road access envelope, have come under stress 
because of heavy utilization pressures. Here, the growth of 
tourism and outdoor recreation based on these resources is 
approaching its limits. On the other hand, the more remote area 
to the north offers opportunities for considerable expansion of 
the tourist lodge and angling and hunting camp industry and 
recreation. Even here, however, the scale of such opportunities 
is not unlimited. It should be noted that the sport fish 
populations of a considerable number of remote lakes, concentrated 



Appendix 14 



24 



in the western part of this northern area, are now being exploited 
at or near the sustained yield levels. 

For that part of this "more-remote" north lying beyond the 
edge of the "Reed" tract, the Ministry's document stipulated, with 
little further elaboration, that "the importance of this area to 
traditional users will be recognized". With respect to the 
non-inventoried forest north of 50°22'30", the document notes, 
perhaps ominously, that "At present no forest management plans 
have been prepared nor have timber and mill licences been issued 
" and goes on to state that, 

"In the remaining zones of the Planning Area, a 
'Community Forest' will be established as required which 
will provide for the future timber requirements of the 
settlements and residents located in this area. This 
will necessitate the establishment of management plans 
with the timber being allocated on the basis of a 
licence." 

The document proposes that this northern area, apart from 
designated park lands, be made available to a full range of 
resource production and tourism activities as deemed appropriate 
given resource and other considerations and that, over most of the 
area, road construction be "permitted to access resources", 
subject to restrictions "imposed to protect fish and wildlife and 
tourism values". However, it proposes that the area situated to 
the west and northwest of the "Reed" tract and extending to the 
Manitoba border remain roadless in order to promote the interests 
of fly-in, outpost camp tourism. 

Target Setting 

Principles 

The Ministry of Natural Resources ' land use planning process 
has served to transmit provincial policies down through a 
hierarchy of area levels to the districts. The process of 
transmittal has been iterative to a degree, allowing for 
modification of policies, objectives, and targets through testing, 
negotiation, and analysis of public response. Nevertheless, the 
policies, objectives, and targets embedded in the district plan 
documents articulate a provincial perspective on development and 
not a local one. 

The Ministry considers the most feasible and acceptable plan 
(or "guideline") to be the one that maximizes attainment of 
objectives and targets. Targets are to be achieved. Only a 
single set of district targets was generated. The targets for 
West Patricia and other districts were established on the basis of 
measures for relationships between resource supply potentials, 
demands for resources, and current resource utilization levels. 
The only really "hard" quantitative data contained in Proposed 



Appendix 14 



25 



Poliay and Optional Plans are those pertaining to these four 
elements - potentials, demands, utilization and, of course, the 
targets themselves. Collectively these convey the essence of the 
plan proposals. 

The Ministry of Natural Resources asserts that its overall 
planning approach is comprehensive and balanced. It has this to 
say concerning the criteria governing its programs, including its 
land use planning: 

...the Ministry of Natural Resources' programs are 
governed by chief concerns of economic efficiency, 
overall social benefits and environmental protection, 
harmoniously balanced to serve both public and private 
interests. Such concerns preside over all the 
considerations and proposals which make up the Strategic 
Land Use Plan." 

At first sight, both the approved strategic land use plan for 
the Northwestern Ontario planning region and Proposed Poliay 
and Planning Options for West Patricia convey the impression 
that the Ministry has indeed provided a comprehensive and balanced 
treatment of its resource development, conservation, protection, 
and recreational interests and responsibilities. Such an initial 
impression would be deceptive, however; more thorough examination 
shows that both documents place an implicit, fundamental and 
pervasive emphasis on development through large-scale natural 
resource production, particularly timber harvesting and mining, 
and on establishment of park land. The clue to this comes from 
analysis of the targets set, their derivation, and their key 
underlying assumptions. 

In none of its planning documents does the Ministry of 
Natural Resources make any explicit statement about any 
fundamental policy principle underlying the setting of targets. 
That such a principle was, in fact, adhered to can be ascertained 
only by inference from quantitative evidence contained in the 
reports themselves. This implicit principle can be stated thus: 
Targets represent demand for resources in the year 2000 , subject 
only to constraints imposed by resource supply. In the case of 
activities dependent solely on production from renewable 
biological resources, this principle can be reformulated as 
follows: Demands anticipated in the year 2000 for products 
from biological resources will be met, subject only to the limits 
set by the optimum sustainable yields associated with these 
resources. The Ministry of Natural Resources defines optimum 
sustainable yield as "the maximum level of resource harvest which 
can be sustained on a long-term basis without causing detrimental 
effects on the resource base". The Ministry also uses the term 
"capability" more or less interchangeably with "sustainable 
yield"; capability is the "natural ability of an area to provide 
continuous opportunity for benefits under an assumed level of 
management". 



Appendix 14 



26 



Measures 

The West Patricia document differentiates fourteen policy 
areas comprising twenty-two separate resource-based activities, or 
sectors. Of these activities, eleven depend exclusively on the 
utilization of renewable biological resources, five depend partly 
on renewable biological resources and partly on other resources, 
and six depend entirely on non-renewable resources and other 
non-biological supply factors. Firm, quantitative targets have 
been established only for the first of these categories, i.e. 
activities involving the production of biological commodities. In 
the case of the other categories, demand in the year 2000 has not 
been firmly established, or has been established but not in terms 
satisfactorily translatable into definable extents of land or 
water resources, or is simply irrelevant. 

The demand-supply relationships and associated targets of the 
eleven activities dependent exclusively on renewable biological 
resources are considered first. In the case of three of these 
activities (moose hunting, caribou hunting, and lake trout 
fishing), the demands anticipated in the year 2000 cannot be fully 
met because of constraints imposed by sustained yield; the 
associated targets have therefore been set at the sustainable 
yield level. In the case of three other activities (forestry, 
trapping for beaver, bear hunting) anticipated demands approximate 
sustainable yield and can be met, assuming that extensive areas of 
supply are not withdrawn for park or incompatible uses. For four 
more activities (commercial fishing, sport fishing, wild rice 
harvesting, and small game and waterfowl hunting), anticipated 
demands are less than sustainable yields, so that targets 
representing demand can be met, again assuming no extensive 
resource withdrawals. In the case of the eleventh activity (rare 

and endangered species), protection is the objective and targets 
are not applicable. 

Five activities (tourism, provincial parks. Crown land 
recreation. Crown land cottaging, and sensitive areas) are 
dependent in part on renewable biological resources and in part on 
such other resources and qualities as remoteness, general scenic 
amenity, land and water patterns, archaeological and historic 
interest, and varied or special plant and animal populations and 
habitats. The demands, supplies, and demand-supply relationships 
governing these activities are less readily expressed in the form 
of quantified targets that can be related to targets associated 
with the biological commodities. Nevertheless, the statements of 
objectives and targets for these activities show that, here too, 
demands are to be met subject only to limitations imposed by 
resource supply and sustainable yield. 

Tourism and outdoor recreation in Ontario North of 50° depend 
in large part on supplies of moose, sport fish, and small game and 
waterfowl. Supplies of moose will probably fall short of the 



Appendix 14 



- 27 



anticipated demand, while supplies of the other commodities will 
likely be more than adequate to meet demands, though not in all 
parts of West Patricia. While targets for parks are generally 
expressed in representational terms or terms of user satisfaction, 
rather than in terms of specified quantities of resources, the 
optional plans for West Patricia each delineate specific areas for 
designation as parks in the various categories of the park system 
classification. Targets for outdoor recreation in parks have been 
expressed in terms of level of service desired, rather than in 
terms of land and water resources needed. Targets for outdoor 
recreation on Crown lands have not been set. For these reasons, 
the plan document cannot effectively integrate the requirements of 
this sector with those of other sectors. 

Finally, six activities are based on such non-renewable 
resources as mineral deposits or suitable soils, or simply on the 
availability of appropriately located land; these are mining (for 
metallic minerals, mineral aggregates and peat), agriculture, 
residential development, and industrial and special development. 
Realistic quantified targets for the three raining activities 
cannot be established with any accuracy at this time because of 
incomplete information on mineral resources and the uncertainty of 
world and local demands. Even so, the objectives for mining, too, 
stipulate that increases in demand will be met, subject to 
constraints imposed by supply, market conditions, transportation 
and extraction costs, and a host of other factors. Road access to 
mining camps may increase pressure on resources used for other 
activities, but the land required for mining operations will not 
be extensive in Ontario North of 50°, nor will the land 
requirements for agriculture, residential development, and 
industrial and special development. 

Achievement 

Since valid district targets, by definition, may equal or 
fall short of resource supplies, but never exceed them, 
single-factor target testing will always show that each individual 
target can be met. However, Guidelines for Land Use 
Planning stipulates that all optional plans and preferred plans 
must provide for meeting all targets collectively as well as 
individually. In the case of West Patricia, vast though it is, 
the planners were unable to develop even one option that met this 
criterion satisfactorily. Instead, they produced four optional 
plans, two to maximize park system objectives and targets, one to 
maximize resource production objectives and targets, and a fourth 
to strike a compromise between the extremes. 

The planners addressed this difficulty over target 
achievement in three ways that jeopardized a satisfactory outcome 
for the planning. First, they polarized the various resource 
issues requiring resolution into one central trade-off issue, that 
of parks (particularly wilderness parks) versus resource 
production (particularly timber production). Secondly, by so 



Appendix 14 



- 28 - 



doing, they downplayed the importance of other pressing issues. 
Finally, they established, as almost the sole objective "hard" 
measure for comparing and evaluating options, the degree to which 
each option is able to satisfy park targets on the one hand and 
resource production targets on the other. All three points can be 
substantiated by evidence in Proposed Policy and Optional 
Plans. 

Tables 3, 4, 5, and 6 in Proposed Policy and Optional 
Plans show what that report refers to as "the major 
distinguishing features" of optional plans A, B, C, and D. Table 
7 shows target achievement by option for each of the component 
districts in the West Patricia area. For each main program of the 
Ministry (except tourism and Crown land recreation), the tables 
summarize the target, the impact of other programs on the target, 
and the resulting target achievement expressed as a percentage. 
The four outstanding features revealed by this assessment of 
cross-impacts between sectors are discussed below. 

First, for all programs except timber harvesting, all 
shortfalls below full target achievement are attributed to the 
withdrawal of resources in the candidate parks. For the timber 
program only, all shortfalls are attributed to withdrawal of 
resources in both candidate parks and road and forest reserves. 
As one would expect, the resource production programs impacted are 
those for which targetted production levels will be at or almost 
at the optimum sustainable yield of the renewable biological 
resources on which they depend. In effect, the targets for all of 
the Ministry of Natural Resources' resource production programs 
and other non-park programs could, following the Ministry's 
assumptions, be achieved were it not for the superimposition of 
the extensive park candidates and much smaller areas of road and 
forest reserve on the patterns of resource potential; the 
candidates are apparently to be regarded as the main impediment to 
the satisfaction of resource production targets. The converse, of 
course, is also true: park targets could be fully attained were 
it not for the resource production, chiefly timber harvesting, 
targets. 

Second, this polarization diverted attention away from other 
important issues of cross-impact between such different resource 
production programs as timber harvesting, wildlife, and trapping 
and between resource production programs and such other program 
areas as tourism and outdoor recreation. While timber harvesting, 
for example, might be expected to impact on the attainment of 
beaver trapping targets, which have been set at a level 
approximating sustainable yield, the tables suggest that it does 
not. The park program is the only one that is portrayed as 
affecting target achievement for beaver. The treatment thus 
suggests, by implication only, that timber harvesting can be done 
in such a way that it need not affect the habitat or sustainable 
yield for beaver. Proposed Policy and Optional Plans offers 
no tangible evidence that this is feasible; other evidence before 



Appendix 14 



- 29 



the Coramisslon has indicated that it is not. The failure of the 
report to address the impacts of each program on each other 
program sows doubt that the levels of target achievement specified 
for all resource production programs could be collectively 
attained, even if withdrawals by the park program were 
discounted. 

Third, the land use planners were forced, in the case of West 
Patricia, to abandon the more comprehensive set of social, 
economic, and environmental criteria outlined in Guidelines fop 
Land Use Planning for evaluating options by the imperative 
imposed that targets must be met to the greatest extent possible. 
In effect, they had to fall back on a single, narrow criterion, 
namely reconciliation of target achievement for parks and for 
resource production. 

Validity 

In the case of West Patricia, target setting for individual 
sectors and trading-off to resolve cross-sectoral issues involving 
competing demands for a common resource base appear to rest on an 
insecure foundation. The West Patricia planners were able to 
specify target measures for only half of the individual activities 
considered in the report. Targets for most of the other 
activities remain unquantified because of data limitations; in the 
case of a few activities for which protection is the primary 
objective, quantification would be inappropriate. Moreover, the 
target values actually specified for individual activities - 
almost all of them based on biological resources - remain open to 
serious question since they are related to optimum sustainable 
yield and hence to the level of management associated with that 
yield. Yield varies according to level of management, a subject 
not dealt with in sufficient detail in the plan to confirm that 
the targets set are the "right" ones or that they can be feasibly 
attained. 

Moreover, as already noted, the implication that the levels 
of target achievement specified can be met collectively as well as 
individually is difficult to defend. The Ministry's multiple- 
factor target test was applied in at best a rudimentary fashion. 
And the report deals with management strategies in descriptive 
rather than quantitative terms. Effective trading-off to resolve 
cross-sectoral Issues requires three main pieces of information: 
good data on supply and demand, explicit management strategies for 
reconciling conflicts and mitigating adverse impacts, and a set of 
substantiated target values for the full range of activities 
considered in the plan. As this discussion has shown, the West 
Patricia plan document meets none of these prerequisities 
satisfactorily. 



Appendix 14 



- zo - 



Treatment of Options 

Procedural Constraints 

Although the Ministry of Natural Resources' land use planning 
process provides for the generation of options, the procedural 
rules adhered to by the Ministry for the development of optional 
plans together imposed a crucial constraint on the ability of the 
process to produce a range of substantially different optional 
plans offering a focus for authentic public response and 
evaluation. 

The first procedural rule stipulates that all optional plans 
should meet the single set of targets established in the regional 
strategic land use plan for all of the Ministry's major program 
areas. However, in the event that limitations on natural resource 
potential do not permit all targets to be met collectively, as is 
the case for West Patricia, then at least one option must be 
developed to achieve or maximize the targets of each individual 
program area. 

The second rule - one that is implicit in the assumptions 
upon which the setting of targets rests - is that market demands 
on natural resources will be met, subject only to limitations that 
may be imposed by the potentials of the resources themselves to 
produce goods, services and amenity. 

The third rule is that consideration of alternative resource 
management strategies for attaining the targets set - strategies 
differing considerably in kind and intensity - has been moved 
beyond the domain of the Ministry's land use planning and into 
that of its resource management planning. 

Given these procedural rules, major variation between 
optional land use plans could occur only where natural resource 
potentials are substantially greater than the aggregate targetted 
demands upon them. While one might assume that these 
circumstances would most likely pertain to the more remote and 
less intensively developed parts of northern Ontario, the 
targetted anticipated demands for West Patricia would, in fact, 
generate utilization pressures at or near the optimum sustainable 
yield levels for many activities based on renewable biological 
resources. Moreover, the fact that the resource potentials of 
this or any other area are distributed in a fixed rather than 
haphazard geographic pattern further constrains the ability of the 
optional plans to portray significantly great variations in the 
land use patterns of the future. 

For these reasons, the land use planning is clearly unable to 
produce a set of truly different land use plans, each distinctive 
in such attributes as dominant economic thrust, sectoral 
development emphasis, type and spatial distribution of resource 
allocations, operational strategies, and social, economic and 
natural environmental implications. In short, none of the 
Ministry's optional plans for the West Patricia area portend a 



Appendix 14 



31 - 



type of development that differs significantly from that which has 
already taken place in areas to the south of the advancing 
development "frontier". 

Criteria for Differentiation and Evaluation 

The West Patricia document has this to say regarding the 
substance of the optional plans: 

"The main distinguishing features between the 
four options are in the treatment of the 
proposed parks and park areas of interest, 
the area available for resource extraction, 
the degree to which access will be controlled 
in specific areas, and the level of target 
achievement. " 

This statement suggests major differences between options 
that are not borne out by scrutiny. In all options, allocations 
to park land are treated merely as withdrawals of land that would 
otherwise be available for allocation to resource extraction. 
And, of course, the converse is also true. Distinctions between 
options on the basis of control over access have been overstated; 
they pertain only to variations associated with park candidates 
and a few zones bordering them. Finally, the statement obscures 
the fact that differences in level of target achievement in 
attaining Ministry objectives are not only a feature 
distinguishing options but are in fact the only relevant criterion 
actually applied for comparing and evaluating them. 

Similarities and Differences 

W Patricia Land Use Plan: Proposed Policy and Optional 

Plans portrays the substance of the four optional plans by 
means of maps, text, and tables, which are intended to be examined 
together. The maps show zones for which the differentiating 
factors are not stated but are presumed to include spatial 
patterns of natural resource potential, current utilization, and 
access variables. The zones vary between options in both boundary 
positions and numbers. The text for each optional plan outlines, 
for each sector, the "strategy" (management principles) prescribed 
for West Patricia and its component zones. 

As regards target achievement by program (activity) for each 
of the four options, options A and B attempt to maximize 
attainment of park objectives, option C attempts to maximize 
production of renewable resources (timber, fish, moose, bear, 
beaver, and wild rice), and option D represents a compromise 
between attainment of park and resource production objectives and 
targets. 

The significant differences in geographic pattern between 
options are in the location, number, and size of the candidate 



Appendix 14 



- 22 



parks. These differences are manifest in the amounts of resources 
assumed to be unavailable for resource production and for 
park-based activities, and hence in the varying levels of target 
achievements. 

The impacts of the candidate parks on timber harvesting are 
confined to the "Reed" tract and other inventoried lands that 
together comprise a relatively small part of Ontario North of 50°; 
achievement of timber targets ranges from 85 per cent for option A 
to 95 per cent for option C. Targets for both sport and 
commercial fishing can be achieved in all options. Target 
achievement for moose, the most important game animal, varies 
between 89 per cent and 94 per cent, that for beaver from 88 per 
cent to 96 per cent, and that for wild rice from 88 per cent to 95 
per cent. The candidate parks for the options are assumed to 
withdraw varying areas of high mineral potential from mineral 
production. 

The location and configuration of the candidate parks exert 
impacts on target achievement for the tourist and outdoor 
recreation activities that can be pursued within them. Options A 
and B can meet targets for all of these activities, while options 
C and D fall short with respect to representational objectives and 
back-country, car camping, and day-use activities. 

Shortfalls in the attainment of timber harvesting targets vary 
from option to option according to the timber volume assumed to be 
withdrawn from potential harvesting because of parks and because 
of reserves for protection of tourism, recreational and wildlife 
values. These withdrawn volumes are together equivalent to 
percentages of the target ranging from 5 for option C to 15 for 
option A. 

Estimation of shortfalls for resource production programs 
seems to have been based on an assumption that such programs would 
be incompatible with park objectives. However, the Ministry of 
Natural Resources is now examining questions of the extent to 
which and how these programs can be implemented in parks without 
unwarranted sacrifice of park and wilderness values. An 
assumption that the parks would become available, at least in 
part, for resource production would enhance target achievement and 
probably reduce the disparities in achievement between options. 

The four options resemble each other in that they are all 
based on an underlying thrust to satisfy demands for resource 
products to the greatest degree possible, consistent with resource 
supply potentials. The differences between options, based as they 
mainly are on a single criterion and rather rough-and-ready 
planning techniques, are not very great from the perspective of 
Ontario North of 50° as a whole, although they might be 
consequential from the viewpoints of both interest groups and 
local people living in one part or another of the West Patricia 
area. What was offered for public response was a limited insight 



Appendix 14 



- S3 - 



into some consequences of the parks versus resource production 
issue in West Patricia. What was not offered was a set of 
alternative scenarios differing greatly in their underlying 
assumptions about development. And the options that were offered 
were not evaluated and compared in the light of their likely 
social, economic, and natural environmental consequences. 

Operational Strategies 

The primary thrust and "hard" quantified core of the Ministry 
of Natural Resources' land use planning is expressed in the 
statements of objectives and targets (ends) to be attained at the 
district level. The Ministry asserts that its land use guidelines 
provide a framework, though not a replacement, for its resource 
management plans. Nevertheless, its concept of land use policy 
embodies notions of means as well as ends, and its land use 
documents use the term "strategy" to denote broad operational 
strategies (management principles) for attaining objectives and 
targets. 

The greater part of the West Patricia plan document under 
review here is devoted to discussions of operational strategies 
related to both general and sectoral policy areas. These 
discussions draw extensively on the impressive practical 
experience of the Ministry's resource managers and scientists in a 
wide range of program fields. For this reason, they may well 
convey assurances that objectives and targets will be met through 
implementation of an array of technically, socially and 
economically feasible strategies and that the strategies deployed 
will bring about a desirable form of development. Unfortunately 
such assurances do not withstand closer scrutiny. 

Implementation strategies, appropriately devised and applied, 
have the potential to lead, shape and stage development so that 
its patterns, type and intensity are more rational and beneficial 
and less adversely impacting than would otherwise be the case. A 
positive, comprehensive and carefully staged strategy for access 
roads, for instance, could play a key role in stimulating rational 
development in the West Patricia area, since pressures for 
resource allocation and use are transmitted along the road 
network. A comprehensive and proactive strategy for tourism 
development could bear similar fruit. 

Such an approach calls for a measure of innovation not 
exercised in the West Patricia planning. Instead, the approach 
actually adopted could be characterized as permissive, demand 
responsive, vague and, to a degree, ad hoc. The following, 
randomly-selected extracts from Proposed Policy and Optional 
Plana illustrate the point. 

"Plans for multiple use will be implemented directly on 
Crown land and will include all land including future 



Appendix 14 



- 34 



parkland. Any values to be protected ... will 
determine the appropriate uses to be permitted." 

"Access will be provided and maintained consistent with 
approved land use plans, resource management plans, work 
plans, and approved operating guidelines. To ensure 
overall co-ordination, a multi-year plan for access will 
be prepared for each district." 

"Forest reserves will be established ... to reflect 
values to be protected, as well as the primary 
management objectives for the area and its physical 
characteristics. " 

"The exploration for and development of mineral deposits 
in the Red Lake District will be encouraged ... By 
insuring that no land be withdrawn from staking until 
the mineral potential has been reviewed ..." 

"In order to meet the commercial fish objectives, the 
following strategies will apply: ... ensuring adequate 
quotas are determined based on historic catch data or a 
standard partitioning of the MEI-determined potential 
yield." 

"Timber extraction for commercial purposes and personal 
use will be permitted in all areas of the Planning Area 
having a forest resource inventory ... except proposed 
park areas and park areas of interest." 

"In Red Lake District, access roads may be permitted in 
zones ... if development pressures warrant it. 
Restrictions may be placed on roads in these zones to 
protect fish and wildlife, tourism, and recreation 
values." 

"The forestry objectives will be met by ... pursuing the 
fullest forest regeneration program on cutover and 
untreated lands as is technologically and economically 
possible in order to perpetuate the continuous supply of 
forest products." 

Now there is nothing inherently "wrong" about such statements 
of intent. They impart a reasonably clear and comprehensive view 
of what is proposed to be done and where it is to be done. But 
they do not inspire a high degree of confidence. They do not 
specify how the strategies are to be operationalized, how much 
implementation would cost in monetary or other real terms, or how 
large and of what type the benefits arising are likely to be. In 
other words, the operational strategies set out in the Wes