Notice of Assertions | Mississauga First Na

Mississauga First Nation, or Misswezhaging, gives formal notice, via Chief and Council and through its Constitution and as a signatory of the Robinson Huron Treaty that we retain unhindered access and jurisdiction over its Traditional Territory. This notice is for all Governments, Ministries, Municipalities, and Non-government Organizations that fall within Mississauga First Nations Traditional Territory.

In 1850, Crown Commissioner Robinson negotiated with the Anishinabek, two treaties at Sault Ste. Marie, now known as the Robinson Huron and Robinson Superior Treaties. In the Robinson Huron Treaty, it outlines that Ponekeosh and his Band would be reserved the land contained between the River Mississagi and the River Penebewabecong, up to the first rapids.

Mississauga First Nation signed such agreements as a Sovereign Nation. As Mississauga Nation has historically done in the past with other such agreements, such as the One Dish One Spoon Treaty with the Haudenosaunee or the Treaty of Niagara with the English Crown. In each of these, the Crown recognized the Mississauga Nation as an independent Nation in the agreement. Mississauga First Nation has never surrendered rights to access or use the resources within its Traditional Territories. The Robinson-Huron Treaty Phase 1 decision on December 21, 2018, noted that the crown was required to top up payments based on resources extracted over the past 150 years and failed to do so.

Mississauga First Nation recognizes its members' rights and access to their Traditional Territory. Mississauga First Nation allows any members access to hunting, fishing, or gathering that is done according to Mississauga tradition and customs. This includes, but is not limited to, building a permanent or non-permanent structure within our traditional territory to either hunt, trap, fish, or gather, as per Mississauga tradition (Dowenjigen Policy).

The Mississauga Nations Traditional Territory extends past The Upper Mississaugi and extends towards the Arctic Watershed. Mississauga ancestors and current Mississaugas travel the extent of the Mississaugi River utilizing its abundant resources. The River begins at Lake Huron and extends as far as Bark Lake and beyond. The Mississauga Nation falls within the Anishinabek Nation. Mississauga First Nation recognizes its 3 bordering sister First Nations and have always cooperated with them since their arrival in our territory. Mississauga First Nation has always and never surrendered its obligations to the Creator, to exercise its right to protect its Traditional Territory and those resources within it, since time immemorial.

The Creator chose our Territory and put it here for the Mississauga peoples to live in peace and harmony with the environment. Our oral tradition, which is handed down by our Elders, tells of the Mississaugas and their governing traditional systems, including the clan system, living on the mouth Mississaugi River since time immemorial, where still today the community is located. Although our community is located within the “existing reserve” boundary and the 1994 Land Settlement, the authority of MFN to govern its lands and resources flow from the Creator to the people of the MFN, and from the people to Chief and Council according to the culture, traditions, customs and laws of our First Nation.

Mississauga First Nation maintains and asserts its rights to its resources. These resources included, but are not limited to fish, including any commercial fishery and management of any fishery the First Nation wishes to take part in, wildlife and biosphere resource management, forest management (including provisions against Aerial Spraying), mines and minerals, waters and watersheds, land, and the environment.

In addition to substantive rights to manage and conserve, Mississauga First Nation asserts its right to be engaged about development, exploitation or proposals that will impact these resources, the environment or the Rights and Interests of Mississauga First Nation for the next seven generations. We demand these consultations be the “free, prior and informed consent” of Mississauga First Nation as provided for in the United Nations Declaration on the Rights of Indigenous Peoples, which is consistent with the custom of Mississauga First Nation and its Misswezahging Constitution.

Mississauga First Nation prides itself as a good neighbour to other First Nations and to other communities. While unyielding in its assertion of its rights to resources and to shared resources, Mississauga First Nation and its members do not seek out confrontation and do seek to avoid it whenever possible. Mississauga First Nation is always prepared to proceed on the basis of the Seven Grandfather Teachings to seek mutual understanding and to consider the free, prior and informed consent referred to above.

This notice of assertions will assist interested parties and those who should be interested, in understanding Mississauga First Nation's position historically and in the modern political, social, economic, and legal fabric. We welcome requests for further information. We also look forward to building on the many positive relationships we have enjoyed over the years.

The Council of the Mississauga First Nation motioned and passed Band Council Resolution #06-24-25 at the duly convened meeting of April 24, 2024 in the Province of Ontario.

DO HEREBY RESOLVE:

WHEREAS,
1. The Blind River uranium refinery owned and operated by Cameco is located on lands which since AD 800 have been the site of vibrant Indigenous occupation and life, including as the ancestral lands of the people of Mississauga First Nation (MFN), and MFN’s access to these lands and waters has been barred by virtue of Cameco’s nuclear operations at the site;

2. Mississauga First Nation has never consented to the lands being used for nuclear activities nor as disposal grounds for radioactive wastes and there continues to be no equitable redress for this loss of access to our ancestral lands located on the Mississauga Delta;

3. Cameco proposes to consolidate and dispose of all waste from its three Ontario-based facilities at the Blind River Refinery and construct a radioactive waste ‘storage cell;’

4. Cameco and the Canadian Nuclear Safety Commission have denied our requests for disclosure of all information detailing any decommissioning plans or waste disposal activities proposed for the site;

5. The United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) states:

a. Article 28 (1), Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent
b. Article 29 (2), States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent
c. Article 32 (2), States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.

THEREFORE BE IT RESOLVED THAT we, the Mississauga First Nation Chief and Council:
1. RECOGNIZE that:

a. the existence of nuclear operations on our ancestral lands has contributed to our loss of culture and spiritual traditions, and has been detrimental to our health and well-being of our First Nation
b. Cameco has materially benefitted and continues to benefit, from the operations at Blind River, which remains the world’s largest uranium refinery
c. The proposal to now site radioactive wastes on our lands would perpetuate an existing environmental injustice and amount to environmental racism.

2. AFFIRM that our Treaty rights provide that our way of life, rights to hunt, fish, gather resources and our livelihood should not be interfered with. We continue to exercise our Indigenous rights as guardians of these lands and our authority to govern our lands and resources flows from people of the Mississauga First Nation according to the culture, tradition, customs and laws of our community.

3. DECLARE our opposition to any future use of the Blind River refinery site that would see these lands being used as a disposal site for radioactive wastes. Any disposal of radioactive waste in our lands will leave us without the meaningful ability to exercise our Treaty rights. The preservation of these lands and their return to their former state – prior to the siting of the refinery – is essential to our ability to exercise our Indigenous and Treaty rights.

4. DEMAND that any government or private body, upon becoming aware of the potential for impacts to MFN’s lands and rights:

a. Immediately commence meaningful, collaborative engagement wherein all information regarding projects and plans is disclosed, in full, such that MFN can independently assess the risks of any proposal
b. Seek our free, prior, and informed consent before the deployment of any nuclear projects, including the transport, storage, and disposal of any hazardous materials in our lands and territories.

5. CALL ON the Canadian Nuclear Safety Commission to provide funding to support MFN in conducting community-led studies which assess impacts of nuclear operations and radionuclide exposures on our health, wellness, lands and waters.

6. COMMIT to bring this resolution forward to the Government of Canada to apprise them of our position and in keeping with UN Declaration Article 32(3) seek fair redress for any environment, cultural and spiritual impacts caused by the nuclear operations at the Blind River refinery.