Resolution No. 2005-09-23
Non-Enforcement of Highway Traffic Act on Winter Road
WHEREAS it has been the traditional practice of Mushkegowuk First Nation members to access the 'Winter Road" in the pursuit of traditional activities and for the purpose of commuting and transportation of necessary goods to and from Moosonee; and
WHEREAS recently there has been increased activity of various business ventures and projects occurring within the area such as the Victor Mine Project adjacent to the community of Attawapiskat; and
WHEREAS these activities have resulted in additional financial resources to upgrade the road to four wheel access which has also increased the level of traffic in both public and business; and
WHEREAS these activities have given cause for provincial authorities responsible for law enforcement of public transportation to implement the enforcement of the Highway Traffic Act on the Winter Road without including a process for dialogue, discussion to consult and inform the affected First Nation individual and communities; and
WHEREAS this resulted in a number of incidents early on in the winter of 2005 in which the Ontario Provincial Police
Resolution No. 2005-09-23, Page 2
confronted a number of First Nation members requesting the appropriate registration, licensing and insuring of motor vehicle accessing the road; and
WHEREAS this is an ice road which is accessible for three months of the year, namely January, February and March, weather permitting; and
WHEREAS there continues to be a large number of local First Nation individuals who access this road for the purpose of pursuing traditional pursuits; and
WHEREAS none of the coastal communities have any road access to a public transportation road system under the jurisdiction of the Highway Traffic Act and therefore many are not prepared to make the investment of a certified vehicle, registration, licensing and insurance to access a road that is only available for three months of the year; and
WHEREAS the enforcement of the Highway Traffic Act on traditional lands in a way that interferes with traditional harvesting is a breach of Mushkegowuk Treaty and Aboriginal rights.
THEREFORE BE IT RESOLVED that the Chiefs in Assembly reject the implementation and enforcement of the Highway Traffic Act on the 'Winter Road" by the Ontario Provincial Police; and
FURTHER BE IT RESOLVED that the Chiefs in Assembly authorize and direct Nishnawbe Aski Police Services to patrol the "Winter Road" and apply ordinary road safety and insurance principles, in a manner respectful of Mushkegowuk Treaty and Aboriginal Rights.
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