MCA voters “unofficially” approve OPG settlement

 Akwesasne — Eligible voters of the Mohawk Council of Akwesasne (MCA) went to the polls on Saturday, June 14th to vote on the Proposed Settlement Agreement with the Ontario Power Generation. There were 219 votes that were cast throughout the day at three polling stations located in the districts of Kanatakon, Kawehnoke and Tsi Sniahne, with 130 voting in favor and 88 voting against the terms of the settlement proposal. There was one spoiled ballot during the referendum. These are the “unofficial” referendum results pending the outcome of the appeal process.

“The referendum results represent an opportunity to conclude 15-years of efforts by countless Akwesasne community members to address past grievances associated with the construction and operation of the R.H. Saunders Generating Station and related facilities,” stated MCA Grand Chief Tim Thompson.  He added, “The results show that the majority of voters viewed the terms favorably.”

The major settlement terms that were ratified by eligible voters are as follows:

 Aboriginal Title, Aboriginal Rights and Treaty Rights

• Protection rights or claims against the Government of Canada for the construction, operation and maintenance of the St. Lawrence Seaway, including the highway and bridge facilities that cross Kawehnoke (Cornwall Island)

• Protection of rights and claims against the Government of Ontario and its Ministries, the United States Government, the State of New York, the New York Power Authority, or any person or entity asserting proprietary interest in human remains and cultural artifacts removed from Sheek Island.

Apology

• A formal apology will be issued by OPG to acknowledge its regret for the disregard of the Mohawks of Akwesasne

Compensation

• $20,363.520 (CAD up front)

• $2,560,000 (CAD) per year for 10 years

(Total of $45,963,520 (CAD))

Transfer of Islands

• Adams, Toussaint, Presquile and Sheek Islands shall be placed into the Additions  to Reserve Process (ATR) for conveyance back to the Mohawks of Akwesasne as reserve lands 

Present Facilities and Ongoing Operations

• Protection of MCA’s right to be consulted when there is a potential impact on the aboriginal or treaty rights of the Mohawks of Akwesasne

Environmental Stewardship

• OPG shall establish a process to work with MCA to explore mutually beneficial environmental stewardship opportunities

• OPG will participate in a forum to discuss erosion concerns downstream of the R.H. Generating Station

 Employment

• A recruitment strategy shall be developed to have a representative workforce from the Mohawk of Akwesasne

Contracting

• A process shall be established to identify and document contracting opportunities for suppliers and service providers

Power Supply

• Ability to consult with OPG with respect to advice, guidance, in-kind services and support on MCA’s energy initiatives

New Power Development

• OPG agrees to consult on any significant changes that may potentially impact the Mohawks of Akwesasne

• Parties agree to use commercially reasonable efforts to negotiate a mutually beneficial business arrangement for the development of any additional hydro power in the traditional territory of the Mohawk of Akwesasne

Potential Sale of OPG Facilities

• MCA will be given fair and equal opportunity and consideration to bid on the sale or lease of the Facilities in public offerings

Kanatakon District Chief and Ontario Hydro Portfolio Chair Larry King noted, “Ratification of the settlement agreement allows our community to bring resolution to one important community issue, while enabling us to explore ways to address others.” Chief King noted, “The work of the negotiating team and elders over the years has contributed to terms that we have shared with community members and will successfully resolve our claim against the Ontario Power Generation.”

An appeal can be filed in writing with the Chief Administrative Office within seven days of the referendum, which is Saturday, June 21, 2008. When filed, the CAO will forward the original appeal to the Akwesasne Mohawk Court and a copy to Mohawk Council.