Larry Wood's family has owned property on Pigeon Lake for 70 years. He says this spot was open water until a few years ago.

Larry Wood's family has owned property on Pigeon Lake for 70 years. He says this spot was open water until a few years ago.
Photo Credit: Phillip Lee-Shanok/CBC

Aboriginal rights vs. property owners rights

A dispute between an aboriginal man and cottagers in southern Ontario has been heating up into a dispute about native rights and rights of property owners.

Pigeon Lake is in a scenic area known as the Kawartha Lakes region of southern Ontario and has long been one of the most popular cottage areas in the province.

Red dot indicates Pigeon Lake, about 150km north-east of Toronto, in the heart of what has long been known as
Red dot indicates Pigeon Lake, about 150km north-east of Toronto, Ontario in the heart of what has long been known as “cottage country” in Ontario © google

In recent years however, a member of the Curve Lake First Nations has been seeding the lake with wild rice and harvesting it for commercial purposes.

James Whetung says it’s his right to harvest the traditional food, but property owners say he’s been deliberately seeding and expanding the wild rice area such that they can’t use their boats or swim anymore near shore and that the view and property values are being diminished.

wild rice has now spread over a large area of Pigeon Lake
wild rice has now spread over a large area of Pigeon Lake © savepigeonlake.com

Larry Wood said he started to notice more and more rice beds starting about sic years ago. He told a CBC-Radio host in an interview, “”It is a public waterway, for the use of all. What he has done by seeding and creating new rice beds is take away the use of the waterways from all walks of life who have enjoyed the waterways in the past.”

He says he’s not against  the aboriginal right of subsistence-level harvesting of the existing rice, but says it’s unfair Whetung is planting more, and that his for-profit harvesting benefits Whetung to the detriment of all others.

Sacred Traditions of Wild Rice

In a subsequent interview, James Whetung told the CBC host that his harvesting of the rice and selling it was important issue as the health of First Nations was suffering because they have less and less access to traditional foods like the wild rice. He’s says also trying to preserve a cultural tradition and educate the public at large about aboriginal traditions.

James Whetung has a licence to use an airboat to harvest wild rice. Property owners say, they're not against the right to harvest but the airboat is exacerbating the issue by the prop wash spreading the seeds far and wide and creating much larger swaths of plants in addition to Whetung purposely seeding new areas.
James Whetung has a licence to use an airboat to harvest wild rice. Property owners say, they’re not against the right to harvest but the airboat is exacerbating the issue by the prop wash spreading the seeds far and wide and creating much larger swaths of plants in addition to Whetung purposely seeding new areas. © Balck Cuck Wild Rice

When pressed about concerns of property owners and others around the lake that the rice is preventing them from using their boats, other water activities and enjoyment of the lake he told the CBC Radio host,,  “….they’re full of shit, and they’re prejudiced honkies.”

He also says he sells the rice to anyone, not just aboriginals, but claims he’s not making much money saying, he only reached the “poverty line”

The rice now covers 10 to 15 percent of the 57 square kilometer lake.

Aerial view of extent of wild rice now extimated to cover 10 to 15 percent of the lake becoming the source of a dispute between rights of an aboriginal man, and property owners.
Aerial view of extent of wild rice now extimated to cover 10 to 15 percent of the lake becoming the source of a dispute between rights of an aboriginal man, and property owners. © savepigeonlake.com

Whetung says the Anishnawbe have gathered wild rice, they call “manomin”  long before cottagers arrived. He admits to seeding the lake which he harvests and sells commercially through  his business Black Duck Wild Rice.

Under treaty the First Nations have the right for subsitence harvesting with traditional methods, by canoe and beating with a paddle,  but Whetung also has a provincial licence to use “mechanical” means to harvest, in this case an air boat.

James Whetung is harvesting wild rice from Pigeon Lake, north of Peterborough, Ontario.
James Whetung, from the Curve Lake Band, is harvesting wild rice from Pigeon Lake, north of Peterborough, Ontario. © Courtesy: bythebushel.ca (CBC)

Wood said the propeller helps to spread the seeds far and wide into new areas.

Recently the issue escalated further when Parks Canada gave residents permits to have an area of about 30 metres by 30 metres along their shorelines dredged and cleared of the rice.  Upon learning of the dredging, the Curve Lake band protested saying that Parks Canada should not have issued the permits without first consulting them. Parks Canada backed off and the company hired to clear the shore has stopped

Because frustration has been growing on both sides, government officials were to meet with First Nations representatives on Friday to try to defuse the situation, but there’s been no word on results of the meeting.

Save Pigeon Lake- property owners site

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