Batchewana blockade underway - UPDATED

June 21, 2010 The Sault Star

About 40 Batchewana First Nation members blocked the railway track Monday morning, protesting the government's failure to follow historical treaty promises that would give Natives point of sale exemption for the controversial HST.

The band placed its sacred lodge on the tracks and lit a spiritual fire in front of its administration offices.

Band members also held a pipe ceremony in the early morning hours to receive guidance on how to move forward.

First Nation flags and signs protesting the HST reading "We will not be extinct," "Honour our treaties" and "Is there ever any real change," were carried by members who stood around the lodge waiting for the daily train.

The event also marked National Aboriginal Day.

The train, expected at 8:15 a.m., arrived about one hour late and was not the usual lengthy freight train that travels down the track, but a yard switcher, consisting of an engine and four cars.

It stopped at the blockade and was to turn back one hour later.

Huron Central Railway has rescheduled its freight trains because of the scheduled peaceful protest and did not plan on moving any more trains through the area Monday.

Batchewana First Nations Chief Dean Sayers said the record will still show a "blip" in the freight train service data and historically it will show that the First Nations were still upset with the relationship with the federal government.

"We're happy. We're glad the train came and it stopped. That was a benefit. We have been inconvenienced far too long and we hope that this little inconvenience will lead to more interaction with the Crown on the true fulfillment of our relationship that was set out by our ancestors and forefathers by all parties."

Sayers said his members will block the tracks indefinitely.

Natives in Ontario have not had to pay provincial sales tax when making purchases anywhere in the province for 30 years but that would have changed under federal plans for collecting on the new HST tax, which merges both the provincial and federal Goods and Services tax together.

First Nation members receive exemptions from the federal GST for goods bought off reserve after filing their income tax returns.

They are vehemently opposed to paying the HST, arguing that the payment is a violation of their treaty rights.

Late last week, the band council could not unanimously decide to continue with its plans to blockade the railway or not.? It held a community meeting Sunday evening where the First Nation members decided to continue with its plans, said Sayers.

Sayers said the membership was provided with a historical perspective` on the issue, including the announcement by the federal and provincial governments on talks last week with the Chiefs of Ontario.

The letters from both the federal and provincial finance ministers are an intergovernmental agreement that will honour the point of sale tax exemption beginning in September.

First Nations members can keep their receipts from purchases made in July and August to be reimbursed some time in the future.

The members also received presentations from its community elders and members discussed the pros and cons of continuing with the blockade.

"When all was said and done, the community decided we needed to continue with the blockade. We said we were going to do it and we had to follow through," Sayers said.

"We don't believe that the expectation we had with the point of sale exemption was met. We expect to see the point of sale exemption to be met and honoured July 1," when the new single tax is implemented.

Sayers said the members don't believe the commitment by the governments is strong enough to continue to September and that there is no reason why the process can't begin July 1.

"We've got many agreements, right from 1850, historically, that have resulted in breach of contracts right until most recently," Sayers said.

Other First Nations bands have developed their own methods to show their opposition, including a walk in the Kettle/Stoney Point area last weekend.

Sault MP Tony Martin attended the blockade location and spoke to Sayers.

Martin said he will send Sayers' message to officials he can reach in Ottawa.? The government broke for their annual summer recess Thursday.

He called it "unfortunate" that the First Nation had to resort to the blockade to get their message out.

"They are taking advantage of an opportunity to send a message to the government that will create some inconvenience and discomfort to shippers coming out of Sault Ste. Marie," he said. "It is unfortunate it has come to this, but from their perspective, the discussions did not result in an acceptable agreement that simply allowed them to continue to be exempt, so here they are. What other option do they have?" he said.

Sayers said his members applaud the First Nations Leadership for taking the process this far, but believes it needs to be taken a little further.

"I'm excited that our people have come out in the numbers that they did and that they're standing up for themselves and for the rights of the future generations," Sayers said.

Sayers said the peaceful demonstration is also being used to educate Canadians.

"We have exhausted every other option we have had," he said, including rallies, marches and meetings in Toronto and Ottawa, among other things.

Sayers said that this is about ensuring the First Nations people receive what they had been promised to them in the past.

It's the same message that band elder Irene Stevens said is important to get out.

"We are fighting for our inherent rights that we had years ago when our ancestors walked this land," she said. "We do not want the HST. That's not for us."

Stevens said that it's time to turn back the clock and get rid of the Indian Act in favour of the original treaties.

In her memory, it's the first time Batchewana First Nations ever blocked the railroad track.