More Dysfunction From Attawapiskat

De Beers Attawapiskat Impact Benefit Agreement report: "...since the start of construction, over $360-million in contracts have been awarded to solely owned or joint venture companies run by [Attawapiskat]. In 2012, contracts awarded to the community were over $40-million. To build capacity within the community, two training facilities have been constructed in the community at a combined cost of almost $2-million. We currently employ over 60 full-time employees from the community, and over 100 from other First Nations."

This is a report issued from the De Beers Victor Mine, 99 km west of the James Bay Cree community of Attawapiskat. The giant international diamond mining company has invested $1-billion in the creation of this mine, and this on the basis of expectations, for nothing has yet been extracted as a proven extraction potential to maintain the mine in operation over its proposed life-time span.

Because of preliminary studies and the expectation that mining will ultimately produce a robust return on natural mineral resources in the area, four local communities including Attawapiskat were awarded impact benefit agreements, to ensure that diamonds extracted from their traditional heritage lands will end up benefiting the people of the lands.

This is precisely the kind of business venture that Native communities hope to benefit from; their natural resources mined and the corporate interests investing the infrastructure and expertise taking the time and the interest in training them to make employment opportunities open to them. And in the same process, using band auspices through the provision of needed services to augment the joint benefits to be accrued.

The company additionally undertook to be responsible for maintaining the 250 km ice road from the town of Moosonee at the southern tip of James Bay up to Attawapiskat, to provide three months of vehicular access to communities approachable otherwise only by fly-ins. When the Attawapiskat reserve was short of housing units, De Beers volunteered to provide some additional units to serve the community.

De Beers, in attempting to operate the Victor Mine in a corporately responsible manner answerable to the needs of local communities has every right to expect co-operation from those who benefit from its presence. It might even be said that this relationship presents as a test case; whether outside corporate interests can make such investments and trust that locals whom they will employ can become reliable partners.

The same report, however, sets out a disagreement with four local families who have been staging a blockade of the ice road spur leading from the main Moosonee-Attawapiskat ice road to the mine. With access impeded because of the wildcat blockades, mine operations have been compromised. The narrow window due to seasonal weather concerns where the ice road may remain viable, makes the situation even more untenable.

A month earlier when the situation was first revealed, the Attawapiskat band council arranged an urgent meeting to try to get to the heart of the matter. Nothing appears to have been resolved, and it is not clear from communication that appears less than forthcoming, whether the band is in support of the blockades or simply incapable of doing anything to relieve the situation, or alternately, disinterested. Speaking of more dysfunction on an already-dysfunctional reserve.

The diamond company is losing timely business opportunities to proceed with its plans. The band council is losing the opportunity to provide needed services to the company. And those band members who value their jobs with De Beers are being held back from their employment with the company. The standoff is to no one's advantage, yet it continues.

Where a court order has been issued and the opinion of the presiding judge is that "individuals with private interests are holding a multinational to ransom ... it smells of coercion", it is clear that legal action should be taken. But while the judge is of the opinion that the OPP should lay charges against the demonstrators, the police force is demonstrating no interest in becoming involved.

Just as anywhere else that First Nations feel they have a right to impose their dissatisfactions in any given situation upon others, inconveniencing and sometimes threatening and worse, security agents of the state feel disinclined to act, and they are supported by the provincial government, as happened at Caledonia, and more latterly at the road and bridge blockades mounted by the "Idle No More" protests.

"What is the message being sent to the world, when five or six disgruntled ex-employees ... can shut down a business of 500 people at a cost of millions? That there is no law in Northern Ontario", pointed out Neil Smitheman, a lawyer representing De Beers.

What will inspire other corporate interests to invest in projects on Indian land, offering benefits to bands and their members with this kind of business-adverse atmosphere prevailing?