Chiefs of Ontario (COO) Regional Chief Stan Beardy joined the Hupacasath First Nation and the Union of B.C. Indian Chiefs in a notice forwarded to the Office of the Privy Council stipulating that if Canada will not provide an immediate assurance that consultation with First Nations will occur prior to ratification of the Canada China FIPA, a motion will be brought forward to restrain Canada from taking steps to ratify FIPA until such consultation has taken place.
The notice also advised that declaratory relief regarding the federal government’s obligation to consult will also be sought.
The notice to the Office of the Privy Council outlined the parties’ understanding that Canada intends to ratify the agreement by issuing an Order in Council and sending correspondence or notification to China confirming Canada’s agreement to be bound by FIPA.
It also advised of the intention to file a motion to restrain ratification by these steps in the second week of January, 2013. It also advised that if ratification will occur prior to that time, an application will be put to the Court in order to obtain interim relief preventing ratification until their application can be heard. A response from the Office of the Privy Council was asked for Dec. 19.
On Nov.5, 2012, COO issued a letter to Minister Stephen Harper calling for him to immediately withdraw support for FIPA in light of the lack of consultation with First Nations. A similar letter was forwarded to His Excellency Zhang Junsai, Ambassador Extraordinary and Plenipotenetiary of the People’s Republic of China to Canada. To date, no response on either letters has been received.
On Nov. 28, 2012, the Ontario Chiefs in Assembly unanimously endorsed a resolution rejecting the FIPA stating that they "condemn and reject the draft FIPA with China as an unlawful violation of the sacred and sovereign Treaties between First Nations and the Crown." A mandate was also provided to participate in litigation with other First Nations across Canada on this matter.
