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Report on the Kashechewan First Nation and its PeopleAlan Pope I dedicate this Report to the children of Kashechewan Alan ForwardI was appointed by the Government of Canada on June 6, 2006 as Special Representative of the Minister of Indian and Northern Affairs Canada in the matter of the current issues and future relocation options of the community of Kashechewan. My mandate is to consult with Indian and Northern Affairs Canada, the Government of Ontario, and the Kashechewan First Nation and to present to the Minister, the Honourable Jim Prentice, a plan that offers long-term and sustainable improvements to the lives of all Kashechewan residents. Included in this plan is a consideration of relocation site options and the recommendation of the one that will offer the greatest advantages of improved economic and individual opportunities to the members of the Kashechewan First Nation. I am also to recommend to the Minister the appropriate levels of financial and process management to implement the plan. In fulfilling this mandate I have examined and made recommendations concerning community, health, and social services and facilities in Kashechewan; financial issues affecting community life; and internal community governance issues. All of these matters will affect the quality of life in the new community, regardless of where it is located. My research consisted of a review of historical documents and information, investigation of current deficiencies in community services, interviews with band councils and individual council members, discussions in public meetings and private visits with numerous families and members of the Kashechewan First Nation, surveys of young people and community members, open houses, and advice from administrators and service providers throughout northeastern Ontario. I wish to thank the staff of the Thunder Bay office of Indian and Northern Affairs Canada for their advice and assistance throughout and particularly for their efforts during the difficult times of the evacuations. Thanks are also due to Robert Howsam, Ontario Regional Director General; Nabil Batrouny and the staff of Northern Logistics; Charlie Angus, MP for Timmins-James Bay; Gilles Bisson, MPP for Timmins-James Bay; Chiefs Leo Friday and Jonathon Solomon and members of their band councils; Douglas Cardinal, architect; the Porcupine Health Unit; the Timmins and District Hospital; Judy Shanks of the Canadian Mental Health Association; Evan Baker and the staff of the Honourable Jim Prentice; Marc Brooks, Indian and Northern Affairs Canada; Stan Louttit, Grand Chief of the Mushkegowuk Tribal Council; the administration of the City of Timmins; and many, many others who have talked to me, set me straight and/or encouraged me in this work. Thank-you one and all. Timmins, October 31, 2006 Alan Pope The CommunityThe James Bay Treaty, Treaty No. 9, issued November 6, 1905 created a reserve known as Fort Albany on the north side of the Albany River and having an area of one hundred and forty square miles[ 1 ]. The boundaries of the Reserve, also known as Reserve Number Sixty-seven, have never changed, except for the addition of certain islands in the Albany River to it[ 2 ]. Originally members of the band resided in the vicinity of the Hudson's Bay Company post on Albany Island with some located on Sinclair Island near the Roman Catholic Mission established on St. Ann's Lake. Because of flooding on Albany Island the band decided to relocate to the present location of the community of Kashechewan while others opted to remain on Sinclair Island. They became the community of Fort Albany. Numerous attempts to officially divide the Reserve and/or the band's communities have all failed[ 3 ]. While the communities remain separate, Indian and Northern Affair Canada (hereinafter in this Report referred to as "INAC") treats them as one band located in one Reserve. Yet INAC has described and entered into formal Funding Agreements with each of Kashechewan First Nation and Fort Albany First Nation as if they were separate independent entities. Kashechewan is located on the north shore of the Albany River at the transshipment location for barge transportation on the Albany River system. The location of the Kashechewan First Nation is susceptible to flooding and in spite of the construction of a dyke system around the community in 1997, the community continues to be under threat from flooding each spring and regular evacuations have occurred. No water management plan or floodplain/elevation mapping exists for the Albany River basin although there is a flow monitoring station near Hat Island on the Albany River[ 4 ]. Flooding and damage from ice build-up may be aggravated by greater traffic on the winter road across the Albany River. The population of Kashechewan has steadily increased over the years and, although the Government of Canada officially recognizes a population for budget purposes of 1100 persons, I find as a fact that the population is actually between a minimum of 1550 persons and a maximum of 1700 persons. In fact the nurses' station/health clinic in Kashechewan has a total of 1900 files, although the assumption is that some of those individuals are deceased. Problems with deteriorating and inadequate housing and community services, water quality and flooding have lead to numerous evacuations at public expense and public debate over the quality of life for the members of the Kashechewan First Nation and the need to relocate to a safer location[ 5 ]. The previous government in fact signed a Memorandum of Agreement committing itself to certain community improvements[ 6 ]. The current government wishes to move forward with an acceptable long-term solution for a new sustainable community. I. The BudgetThe Kashechewan First Nation receives between 18 and 22 million dollars each year in public monies, principally from INAC, but also in contributions from Health Canada, the Ontario Ministry of Community, Family and Children's Services and the Mushkegowuk Tribal Council[ 7 ]. This is a significant amount of money for a community the size of Kashechewan. The contribution from INAC is governed by a Funding Agreement renewed for a five year term on March 15th, 2004[ 8 ]. The Funding Agreement provides for Budget Allocations set solely by INAC and allocated solely by INAC between Core and Non-Core Funding[ 9 ]. Increases in the Budget can be done through application to INAC by way of Non-Core/Minor Capital Submissions. If a First Nation is debt-free or in a sustainable debt position it may make transfers between allocation items. In spite of such a significant revenue base, the Kashechewan First Nation has routinely advised INAC that the budgeted funds are insufficient to meet the needs of the community and that inadequate funding is at the heart of problems with housing, water supply, sewage treatment, fire protection, waste disposal and education facilities. INAC has replied that its division of Ontario's regional allocation between Ontario First Nation communities is done fairly and as best as can be done given finite financial resources. INAC sees the provision of community services and facilities as a responsibility of the First Nation whereas the First Nation sees the provision of community services and facilities as a responsibility of INAC, in furtherance of the Crown's fiduciary obligations to the First Nation. Neither INAC nor First Nations are prepared to or have the means to accommodate the other's point of view. The resolution of this impasse is a political imperative for aboriginal policy-making in Canada. The financial flexibility and capacities of the Kashechewan First Nation are also severely restricted by the amount of its current indebtedness[ 10 ]. A total debt approaching five million dollars means that under INAC policies, there is no opportunity to reallocate funding and no ability to access additional monies to resolve community needs. The resulting perpetuation of inadequate services and facilities in Kashechewan lies at the heart of the current crisis. For its part the Kashechewan First Nation has failed to properly and directly administer and account for public funds paid to it. Financial record keeping is off-reserve in the office of a band consultant trying its best to cope; financial statements are delayed and un-audited[ 11 ]; and annual reports on program administration and expenditures are one to two years in arrears, leading INAC to holdback 15% of its funding as a penalty[ 12 ]. Health Canada is in a similar position and the First Nation no longer qualifies for Canada Mortgage and Housing Corporation (hereinafter in this Report referred to as "CMHC") funding because of its debt situation[ 13 ]. In other words, if the current status quo continues the situation in Kashechewan can only get worse. I find that the Kashechewan First Nation has clearly made its case for consideration by INAC for independent status and funding with a population of 1550 persons, retroactive to March of 2004 and recommend that they be funded accordingly from the commencement date of the new Funding Agreement[ 14 ]. I also find that the debt situation for Kashechewan First Nation arises as a consequence of their attempts to provide adequate housing for the band members and that they should not be penalized for so doing. The current Chief has promised to clean up the backlog of outstanding reports and to provide monthly financial reports and annual audited financial statements. I believe the punitive 15% holdback should be suspended for one year to allow him to do this, upon which the holdback should be cancelled. Recommendations:
II. Community Issues1. The DykesIn 1997 a ring dyke, consisting of a three to four meter high sand and gavel berm was constructed around the community of Kashechewan. A review of the ring dyke design and construction was undertaken by Ontario Hydro in September 1997 and reported to Public Works Canada in September of 1998. A number of design and construction deficiencies were identified and recommendations for further investigation and remedial work were made[ 15 ]. No action was taken on that Report. An investigation into the foundation conditions and dyke materials was conducted by Klohn Crippen between June 16th and June 23rd, 2001. A draft report was prepared, dated April 29th, 2004, it made a number of recommendations for remedial work including:
The estimated cost of these repairs was $430,000. By April 19th, 2005 a Final Report was issued by the same firm, Klohn Crippen. It was dramatically different from the Draft Report even though both reports were based upon the same testing and field work done in 2001. The Final Report indicated that "the dyke deficiencies could result in failure during flood/ice jam events."[ 17 ] When asked to explain the discrepancy between the two reports, Klohn Crippen advised that the Final Report resulted from the senior engineer's review of the Draft Report[ 18 ]. A minor capital project submission by the Kashechewan First Nation for Dyke Break, Evacuation Plan and Other Repairs was not acted upon by INAC.[ 19 ] On September 28th, 2006 at a meeting called to discuss this and other matters, INAC and the representatives of the Kashechewan First Nation (Chief Solomon and three councilors) agreed to specific repairs to the Bell Tower site on the dyke, certain remediation work and the development of further evacuation plans. Recommendations:
2. HealthcareI have no criticism at all of the Health Canada nurses, who work long hours and to the best of their abilities in the community of Kashechewan. The Regional Director of Health Canada, Al Garman, as well was most forthcoming as to the service deficiencies and shortfalls in Kashechewan and most other coastal communities outside of Moosonee - Moose Factory. A full complement of personnel at the Health Clinic/Nursing Station in Kashechewan is twelve and the minimum complement to provide the full range of services is seven. At present there are four nurses providing some services in Kashechewan and two of those are recent arrivals. The nurses freely admit that because a full complement is not present they are only capable of providing acute and emergency care. In spite of a multitude of new or enhanced programs that Health Canada has recently created and contribution agreements signed this year[ 20 ], the actual, on-the-ground situation within the coastal communities (and particularly Kashechewan) is deteriorating and is unacceptable. Community based services in Kashechewan are incomplete, inconsistent and inadequate. There is a lack of primary care services: There is no continuity of services. There are no nurse practitioners or other health care providers in the community or regularly available to the community. There is no integration or co-ordination of federal and provincial health programs. Dental care is rarely available. Domestic violence is a major issue that remains unaddressed. Dietary and healthy lifestyle issues have not improved and the high cost of fruit and vegetables makes their resolution unlikely. There is virtually a total absence of pre-natal and post-natal care. All of these matters have been known since a health care needs study in the early 1990's but have not been responded to with community-based personnel and programs in these communities. Health Canada itself lists the priorities for Kashechewan as follows:
I conclude that public health efforts, community health programs, mental health programs, medical practitioners' presence and availability, pharmaceuticals, laboratory and investigative services are inconsistent, spotty and often non-existent. Members of the Kashechewan First Nation are denied services if they have no OHIP or status Indian Card[ 22 ]. In today's world this is totally unacceptable. It is true that the hospital facilities in Moosonee and Moose Factory are improving and following a planned merger will probably further improve within these communities. The arrangements and relationship with the Kingston General Hospital have provided a resource of doctors assigned to Moosonee - Moose Factory and have been, in return, a source of referral by air transport (at public expense) of elective and acute care cases to Kingston. The failure to include the Timmins and District Hospital in an integrated hospital system serving the James Bay Coast defies logic and has cost the Government of Canada millions of dollars in unnecessary air travel and air time. The Timmins and District Hospital is ready to participate in such an integration as a part of its strategic plan.[ 23 ] Recommendations:
3. HousingAn inspection of numerous homes in Kashechewan took place during the months of September and October. In general terms, homes in Kashechewan are inappropriately designed for the family sizes and traditional living arrangements in the community. Houses are too small. Many two bedroom homes now have three or four additional bedrooms in the basements and accommodate nine or ten adults. The central areas, kitchens and washrooms are inadequate and dilapidated. Many homes do not meet current provincial or federal standards with respect to building, fire, electrical, or environmental codes. They are not only inappropriate for local temperatures and climate conditions but also obviously have been assembled or constructed without proper supervision or inspection. There has been no application of housing programs for this community in many years either because of the individual and community requirements for such programs as the Residential Rehabilitation Assistance Program (RRAP), the debt situation of Kashechewan with respect to Section 95 allocations by CMHC,[ 25 ] and the admitted absence of workable housing programs at INAC.[ 26 ] The one notable exception is the support given by INAC for the home renovation project undertaken by Mushkegowuk Tribal Council, for the years 2006 and 2007. This project responds to the flood damage caused this year. Under this project some 60 homes will undergo renovations and repairs and mobile homes will be purchased for temporary and perhaps permanent housing in the community. A potential expenditure of $7.7 million will result from this commitment. Homes in the community are often poorly maintained by the occupants with no sense of responsibility for their own living conditions. On the other hand I also found no deliberate or wanton destruction inside the homes. The Kashechewan First Nation has no housing standards or by-laws, nor personnel with any responsibility for enforcing housing or living standards. There are no maintenance or occupancy by-laws with regard to garbage and other materials located in homes or adjacent to them. With no family ownership of homes, the obvious result is no ownership of housing problems nor any desire to resolve them. A home ownership initiative in other First Nation communities has generally been successful.[ 27 ] Recommendations:
4. Water Treatment Plant and Water ServicesIn discussions with technicians currently operating the water treatment plant and upon examination of some of the contracts and financial details, it is clear that inadequacies and operational deficiencies have existed for some time and that since the contamination and flood events, great sums of money have been expended to resolve them.[ 28 ] A single eight hour shift, five days a week, has been replaced with 24 hour a day, seven days a week operations. Pumps have been replaced and are on order, chemicals are now being added by automated instrumentation, water pressure and quality is now being monitored by instrument, proper records are being maintained, and Class 2 Operators, (employees of Northern Water Works, from Red Lake, Ontario) are now on duty 24 hours a day. Complaints remain about low water pressure and about water availability in a fire emergency.[ 29 ] Local operators are not yet properly trained or certified. Recommendations on improvements to the water supply system are included at the conclusion of the next section dealing with waste treatment and disposal. 5. Waste Treatment and DisposalIn spite of work done on the sewage system and lagoon, there remains a significant threat of overflow or backup along East Creek and effecting Red Willow Creek, immediately upstream of the water treatment plant intake. This work should be undertaken as proposed by Keewatin-Aski Ltd.[ 30 ] The dump or waste disposal site is not situated, maintained or operated in an environmentally safe or appropriate manner, nor in accordance with current provincial standards. Its location adjacent to the floodplain of the Albany River poses a potential threat of contamination of the water supply under some circumstances. Recommendations:
6. PolicingPolice services are supplied to Kashechewan by Nishnawbe Aski Police Service (NAPS) on a contract basis. There is only one resident police officer and during the months of August and September 2006 there was one additional police officer from outside the community present from time to time. There are numerous complaints of a lack of response in emergency situations in the evenings and on weekends. These have not been resolved despite interventions with NAPS headquarters. On Friday, July 28th, 2006 at 4:45 p.m. EST, NAPS without prior notice withdrew police services from the community to protest the slow pace of construction of police facilities.[ 31 ] Due to the timing of the notice, no alternative policing could be arranged. There is a significant problem with vandalism, reckless driving and other out-of-control conduct in the community of Kashechewan. There appears to be no band by-laws or regulations to control this conduct, particularly amongst young people. There is no community patrol or auxiliary police present in Kashechewan. There appears to be no history of the band council attempting to intervene to bring law and order to the community, although I have confidence that the new Chief and band council can do so. Recommendations:
7. Fire ProtectionThere was some criticism of the Kashechewan First Nation arising out of a number of deaths by fire in the community. It is clear that the First Nation can be faulted for having inadequate fire protection, just as INAC could be faulted for not specifically funding it.[ 33 ] The criticism of the previous Chief and Council regarding a fire truck in the community that was never equipped to deal with fires was unfounded as the vehicle in question was a tanker to be used for dust suppression. There was however some fire control equipment located in a specific location that was unknown to community members and therefore not used. The City of Timmins has offered a fire truck from its fleet for use in Kashechewan. Recommendations:
8. SchoolsDue to recent evacuations, lack of employment, limited economic opportunities and the low value placed on education by some community members, the quality and availability of education services is actually declining in Kashechewan. St-Andrew's Elementary School is closed due to health and safety concerns, site contamination and vandalism. It will not re-open any time soon. Elementary and secondary school students are sharing one facility and attendance and curriculum is reduced accordingly. Elementary students have neither gym classes nor recess. There are no after school sports as the gym is used by elementary students. Class hours for secondary students of 3:00 p.m. to 8:00 p.m. have cut attendance in half. Computers and computer programs are antiquated and ineffective. There are no cultural or traditional value programs. Science and mathematics are not offered because of inadequate class size. No online courses are offered. Co-operative education programs are not available. Neither is special education. The quality of education does not meet provincial standards, thereby leaving students stranded. None of this can be blamed on the teachers or administration. Recommendations:
9. Economic DevelopmentProspects for economic development in the traditional lands of the Kashechewan First Nation look bleak, although recent development of the DeBeers diamond project near Attawapiskat and site reviews of potential hydraulic generation sites on the lower Albany River by Ontario Power Generation give some sense of optimism. The community of Kashechewan has not determined a sustainable, private sector based, long term strategy. Specifically the development of community revenues or individual employment and training opportunities has not been articulated. To remain in isolation with no access to income or employment opportunities is to sentence this community to despair and poverty. Regardless of where the new community is located, the Kashechewan First Nation must be able to develop or use its traditional lands for the benefit of its members. The last resource inventory of the James Bay lowlands was done in 1984 and published in 1986 as part of the Ontario Ministry of Natural Resources' Strategic Land Use Plan.[ 36 ] It mysteriously contains no information concerning onshore and offshore oil and gas leases. There are no current economically-feasible resource opportunities listed for the traditional lands of the Kashechewan First Nation. Recommendations:
III. A New CommunityOn May 3rd, 2006 former Chief Friday presented a proposal to locate a new site for the community of Kashechewan 30 kilometers west of the existing community on the Albany River.[ 37 ] The proposal indicated that this site had been chosen. In fact it had been chosen by the then existing band council only and announced to the community as a "fait accompli". In the band council elections held the first week of August, 2006, Chief Jonathon Solomon was elected somewhat on the basis that the whole community should decide the future location of Kashechewan. In order to assess the will of the community on this critical matter, I have engaged in a comprehensive community consultation effort involving numerous meetings with the past and present band councils, with elders, with individual community members, and with the entire community (at a public forum). In addition, every residence in the community of Kashechewan was canvassed by a canvass team which included Cree interpreters. I created five detailed options and analyzed the pros and cons of each option. In this work I included matters suggested by other band members. This document, including an introductory invitation to comment, was presented to each home in both English and Cree and additional comments obtained. In addition, the preference for a new community location was sought from each individual household. The five options presented were not suggested by any governmental or political official nor by any member of the community of Kashechewan. When the five options were first presented at a community public forum on September 8th, 2006, the community was invited to suggest additional options for consideration. No additional options were ever offered or presented. For the sake of clarity, the community canvass documentation is hereafter set out in its English and Cree versions.
I would like to take this opportunity to thank Kashechewan community members for their individual acts of kindness, your support and friendly attitude. I have been extremely impressed with everyone that I have had the privilege to meet with and talk to. As you know, I have been working with Mr. Alan Pope to ensure that each of you have our undivided attention in listening to your needs and hope for a new relocated Kashechewan. Attached are the five (5) relocation options for you to look over with your family. When reading the relocation options, we would appreciate if you would take into consideration the following questions:
I will be visiting each home throughout the next two weeks to meet with you to get your thoughts and document them for Mr. Alan Pope. RELOCATION OF KASHECHEWAN FIRST NATION
RELOCATION OF KASHECHEWAN FIRST NATION
RELOCATION OF KASHECHEWAN FIRST NATION
RELOCATION OF KASHECHEWAN FIRST NATION
RELOCATION OF KASHECHEWAN FIRST NATION
Chief Solomon has indicated that he would have preferred a simple request to each community member to indicate their preferred location for a new community. It was my belief that a full range of reasonable yet concrete, specific suggestions should be presented. Any additional options and choice could have been offered by any community member at any time and indeed some valuable suggestions were made to the canvass team by community members. Rumours also circulated in the community concerning financial inducements accompanying certain choices, and promotions of certain options over the others by the canvass team. I have investigated this matter and have determined them to be unfounded. The simple truth is that these allegations arose as a method of undermining what had never been done before - a complete canvass of community opinion. The community survey was collected on the basis of a promise of privacy and confidentiality and while not an Appendix to this Report, is being delivered to the Minister concurrent with this Report. The results of the survey are clear. They are different from the community choice presented to the Minster on May 3, 2006. A significant majority of community members believe that the best interests of themselves, of their children and families, and of the entire community are served by a relocation of the community to a new reserve removed from the Albany River and the traditional lands of the Kashechewan First Nation. Clearly this choice is conditional upon their retaining seasonal and regular access to and use of their traditional lands and Reserve No. 67, including all economic benefits from and control over economic, industrial and commercial use of their traditional lands and resources. Of that majority a significant proportion chose the Smooth Rock Falls option, mainly because of the immediate availability of housing in Smooth Rock Falls. This would facilitate a movement out of Kashechewan before the next Spring breakup and flooding. The balance of the majority opted for relocation to a new reserve in the vicinity of Timmins, Ontario, but within the vast geographic boundaries of that community. It must be added that a significant minority chose Site #5, which had been recommended to the Minister by the previous band council. A few individuals wished to remain on a rehabilitated existing location of Kashechewan. No one wanted to move to Fort Albany. It must also be said that pending hydroelectric developments and mineral and petroleum developments will permanently change the James Bay region. The traditional lands of the Kashechewan First Nation will not remain what they are today. The content of the five options and the analysis of the pros and cons of each choice contained in the canvass material was done by myself, with additions suggested by band members. My recommendation came down to a choice of the option that would provide a sustainable, viable community based on employment and income for its residents and access to education and health care for children and young people. Also of critical importance is the creation of a new reserve community that can be designed and constructed entirely anew with the involvement of all band members. Finally any recommendation must include a clear negotiating process and resulting agreement to guarantee regular, seasonal access to traditional lands and resources in the Albany River region and exclusive (with Fort Albany) benefit of any revenue and other economic benefits related to the traditional lands of the Kashechewan First Nation. The option of locating in Smooth Rock Falls has the advantage of immediate occupancy in a well-appointed, well-managed community located on the Trans-Canada Highway. Were I to recommend that option I would also recommend that since the pulp and paper mill is no longer operational in Smooth Rock Falls, the cutting rights and hydroelectrical facilities be assigned without compensation to a partnership of the Municipality and the Kashechewan First Nation. In the end I have decided not to recommend the Smooth Rock Falls option as the economic and employment opportunities are not as great as Timmins and as the difficulties in trying to create a reserve on a spot-by-spot basis in a shared community are too contentious and difficult. I am therefore recommending that a new reserve be created for the Kashechewan First Nation on the outskirts but within the geographic boundaries of the City of Timmins. The benefits of such a relocation are clear:
No such relocation will be acceptable to the Kashechewan First Nation however, unless links to the traditional lands of the First Nation are maintained. Reserve Number 67 and adjacent lands must continue to be treated by the Government of Canada as the traditional lands of the Kashechewan First Nation for economic development, revenue sharing and traditional use purposes. This will require maintaining the landing strip and part of the existing community location for seasonal use such as hunting, fishing, community events and summer cottage or camping occupation. This should be done in a manner accommodating of seasonal demands while decommissioning the site as a permanent, year-round community. Security to prevent outsiders and others from moving into the community will have to be maintained. In addition the existing loans for housing will have to be paid off and the northern benefit grandfathered so that it continues for those that rely on it. The new community should be composed of properly designed housing, of Ontario Building Code standards, privately owned by individuals and families, who thereafter should be responsible for proper maintenance and repairs of their properties in accordance with community standards applied by community enforcement officers. A community center should be constructed with an elementary school, recreation facilities including a pool and rink, retail shopping, vehicle licensing office, band administration offices, elders' lodge, a health clinic, a day care center, a fire hall and volunteer fire department and meeting and gathering halls for community events. The young people of Kashechewan will be the greatest beneficiaries of a new era of intellectual and occupational advancement and fulfillment. This was the determining factor for many band members in deciding to relocate. Finally, in order to continue the momentum to resolve the future of Kashechewan, I recommend an implementation committee composed of Ms. Joanna Ford, previous evacuation coordinator representing INAC; Ms. Laini Grey, continuing the community consultation throughout the implementation process; Chief Solomon; a nominee of the band council; and a representative of the Minister to oversee the prompt implementation of this relocation. Recommendations:
All of which is respectfully submitted this 8th day of November, 2006. Alan W. Pope Summary of Recommendations
Note to ReaderThe Report as delivered to the Minister had 37 footnotes which directed the reader to 38 Appendices comprising three volumes of material accompanying the Report. Those Appendices were as follows:
Footnotes:
To consult the appendices, please contact the INAC Departmental Library:
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Revised:
2006-11-17
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