Media.Knet.Ca

Articles and press releases on the latest round of court proceedings between Kitchenuhmaykoosib Inninuwug First Nation, Platinex and the Ontario government concerning mining exploration and development on the First Nation traditional territory without appropriate involvement of the community. Unfortunately, some of the reporting demonstrates both the ignorance and prejudices against First Nation positions with statements like the ones the Canadian Press reporter writes (see below - "The province must write a blank cheque ..."

From Wawatay News Online - posted 2007.01.10

Injunction against Platinex remains in place

A Toronto-based mining company remains barred from drilling in Kitchenuhmaykoosib Inninuwug following hours of discussions in a Thunder Bay court Jan. 9.

Representatives for the community, Platinex Inc. and the province of Ontario met in a back room of the court for more than four hours trying to reach an agreement that would lift the injunction, provide the company access to the land and give the community rules of engagement that must be followed, the lawyers said.

“Kitchenumaykoosib’s trust has been betrayed,” said Kate Kempton, who represents the community with nearly 1600 band members. “It’s too risky for KI to proceed without these rules in place.”

Platinex wants to continue drilling on the land to confirm earlier results of platinum in the community’s traditional lands.

But for that to happen, an agreement must be in place.

”It’s still possible to come to an agreement in the next little while,” Kempton said. “We’re still stuck on key issues.”

The matter will return before Justice Patrick Smith Jan. 22 and 26 and April 2 and 5.

Platinex was orginally barred from drilling in the community last summer.

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From http://www.tbsource.com/Localnews/index.asp?cid=90916

Drilling injunction upheld
Tb News Source - Posted: 1/9/2007

A court order stopping Platinex Mining from drilling on Kitchenuhmaykoosib Inninuwug First Nation will continue.

The two sides appeared in Ontario Superior Court Tuesday before Justice Patrick Smith. Justice Smith issued an injunction in July halting exploration work on the reserve.

Kitchenuhmaykoosib Inninuwug claims the province circumvented a Supreme Court decision when it gave permission to Platinex to drill on their land without consultation and six months later, there is still no agreement on how the consultation process should proceed.

The First Nation says they have problems with new proposals brought forward by the province, at what they say is the last minute, and they can not go ahead without resolving these issues.

Later this month the concerned parties will return to the Superior Court to deal with procedural matters. Then in early April, the matter will be argued before the courts. In the meantime, there will be no drilling on the group's traditional lands by Platinex.

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Click here to read the follow MNDM press release online

News Release - Ministry of Northern Development and Mines
January 10, 2007 - 009
 
Ontario Committed To Resolution In Far North Mineral Exploration Dispute - Seeks Intervenor Status In Court Proceedings

SUDBURY – The Ontario Government is seeking intervenor status to participate in injunction proceedings between Platinex Inc. and Kitchenuhmaykoosib Inninuwug (KI) First Nation.  Negotiations on a consultation process continued yesterday at the Ontario Superior Court in Thunder Bay but no agreement was reached. 

“Ontario remains optimistic that a resolution can be reached between the two parties and that is why we are seeking intervenor status,” said Minister of Northern Development and Mines, Rick Bartolucci.  “We believe it’s important to continue to proactively pursue a resolution that is acceptable to all.”

Although Ontario is not a party to the injunction proceedings between Platinex and KI, the Honourable Mr. Justice G.P. Smith’s interim order in July 2006 required a consultation process be developed for the Platinex drilling project and that the Crown be involved.

“The Ministry of Northern Development and Mines, together with KI and Platinex, has worked hard on this issue and we will continue to devote our efforts toward finding a solution,” said Bartolucci.  “It’s only reasonable that all three parties should have the opportunity to move the yardsticks forward. It’s my hope that KI and Platinex will support our request to participate in the proceedings.”
 
One of the outstanding issues is the signing of a technical process agreement being drafted to guide the consultation.  Ministry staff indicated they would be prepared to sign a completed protocol and the minister has written to the Chief of KI offering to sign a Memorandum of Cooperation (MOC). 

“I have signed similar MOCs with other communities in the past, which reflect a broader political commitment to work together to improve the understanding of each other’s responsibilities, requirements, practices and expectations,” said Bartolucci.  “In our experience, these agreements can form the basis for the more technical agreements that follow.”

The ministry recognizes the Crown’s obligation to respect and honour the Aboriginal and treaty rights of communities and that communities have a right to be appropriately consulted and accommodated as set out in recent Supreme Court decisions. The Supreme Court decisions also confirmed the importance of all parties engaging in a reciprocal, constructive consultation process.

The ministry has been working cooperatively with First Nations to support increased participation by Aboriginal peoples in decisions that affect their lives.  It will soon be initiating public discussions on developing mining-related Aboriginal consultation guidelines.

-30-

Contacts:

Laura Blondeau
Minister’s Office – Sudbury
(705) 564-7454

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From http://www.cbc.ca/cp/business/070111/b011189A.html

Aboriginals say Ontario must pay for consultations to end mining dispute
Published: Thursday, January 11, 2007 - Canadian Press: CHINTA PUXLEY

TORONTO (CP) - The province must write a blank cheque for extensive consultations with the Kitchenuhmaykoosib Inninuwug First Nation before any mining activity begins near the community, a spokesman for the remote northern Ontario band said Thursday.

John Cutfeet said the province didn't consult the First Nation when it allowed junior exploration company Platinex Inc. to drill on land 600 kilometres north of Thunder Bay, Ont.

Ontario is holding up negotiations by refusing to pay for a full consultation on drilling on the Big Trout Lake property, he said.

While the proposed mining site isn't on reserve land, it is within the aboriginal band's traditional territory and could contaminate the community's lake, Cutfeet said.

"All we want to see ... is that we have a say in what happens in our territory that's going to have a huge impact on our lives," he said. "The lake is our livelihood. We eat out of there. We drink water out of there."

In the meantime, a court injunction has halted work on the site, and Cutfeet said negotiations have stalled.

The province should not only be paying for a full consultation before any mining activity begins, but that right should be enshrined in law so all aboriginals are consulted before prospectors go in search of gold, diamond and nickel in the north, the First Nation argues.

This case is being closely watched because the band is challenging the Ontario Mining Act on constitutional grounds, which could impact the high hopes many have for unlocking the north's natural resources.

Rick Bartolucci, Ontario's minister for northern development and mines, said he's optimistic all sides will be able to resolve the dispute through negotiation.

While he wouldn't talk about whether the province will pay for consultations with the First Nation because it is part of the ongoing legal dispute, Bartolucci hinted the government won't be writing any blank cheques any time soon.

"Certainly our ministry and the government continues to be very, very responsible with regards to the management of costs of this engagement," he said. "We've made a rather fair proposal to (the First Nation) with regards to the cost they would incur."

Negotiations are continuing and moving forward, Bartolucci said. It's not necessary to legislate consultation with aboriginals into law because the Supreme Court has already handed down a ruling to that effect, he added.

But Anna Baggio of the Wildlands League environmentalist group said it's time the government took a strong stand to protect aboriginal land rights and the province's boreal forest.

The conflict over mining activity in northern Ontario could have been avoided if the province updated its "antiquated" mining act to spell out clear rules on aboriginal consultation and environmental protection, she said.

Right now, there is nothing compelling the province to hold meaningful consultations with aboriginals before they authorize mining activity on their land, she said.

"You can't just have business as usual development. It's failing communities and it's failing nature."

New Democrat Gilles Bisson, who represents Timmins-James Bay, said the government must go beyond simply consulting aboriginals and should legally include them in both planning and revenue-sharing if it wants to exploit the natural resources of the north, he said.

"The First Nations communities don't want to live in poverty forever," Bisson said. "They recognize that developing mining, water and forestry activities are going to be good for them over the long run. But First Nations have to have a say in what happens when it comes to access to their territories."

The Big Trout Lake dispute started last year when protesters blocked an access road and landing strip, arguing the government had no right to grant Platinex a mining permit for their land.

Platinex filed a $10-billion suit and asked for a court order to remove the protesters. The band filed a countersuit and successfully obtained a temporary injunction prohibiting exploration on the land.

Superior Court Justice Patrick Smith gave the band, company and province five months to negotiate. The talks were granted an extension this week.

© The Canadian Press, 2007

Ontario Native Education Counselling Association

23rd Annual Conference May 28th, 29th, 30th

Water Tower Inn, 360 Great Northern Rd, Sault Ste. Marie, Ontario

 “Leaders of Today – Standing Strong”

Who Should Attend?

The conference is designed for Education Counsellors, Social Counsellors, Directors of Education, Student Support Workers, Teachers, and anyone who works with First Nation Students in the education field.

What to Expect?

The conference theme is “Leaders of Today – Standing Strong.”  As Counsellors and Front line Workers, you are the people who make the difference.  The conference presentations will focus on topics that will provide relevant information, resources, and tools to assist you both in job performance and your own personal growth. Areas of particular interest in the conference include:

Tools for Teachers, Parents and Counsellors, How to get parents involved, Early Identification, Transitional Year, Finding Balance, Character Development, Addiction Workshops, Two Spirited, Language, Motivational Speakers, Motivating Students, Drugs/ Crystal Meth, Gangs, Bullying, Special Needs – Learning challenges, styles, and available tools, Gambling, Cultural Workshops, Special Education, Advocacy Strategies for parents, Student Identification Process, Student Success Strategies, Professional Boundaries for Teachers and Counsellors, Learning Styles, Effective Communications, Building Rapport, Learning to find personal strengths to help cope with lack of support, Building Effective Working Relationships, Retention – dealing with dropouts, Exploring ways to work with younger students, Effectively, How to be more organized to be productive, Building s Support System, Networking,

What is the Cost?

Member fee before April13, 2007 - $200.00

Member fee after April13, 2007 - $325.00

Non-Members - $375.00

Elders and Students - $150.00

Group Rates Available if a group has 5 or more paid ONECA members inquire.

What is included in the Registration Fee?

May 28th, Breakfast and Lunch, Coffee Breaks

May 29th, Breakfast, Lunch, Coffee Breaks Banquet and Entertainment

May 30th, Breakfast, and Lunch, Coffee Breaks

I Want More Information - A complete program will be posted on our website once all facilitators have been confirmed. You can find this information at www.oneca.com under events/conference 2007, or contact the ONECA office at oneca@oneca.com bbor phone (705) 692-2999

 The Nishnawbe-Aski Legal Services Corporation is a unique legal services office in Thunder Bay. The Corporation provides legal, paralegal, and law-related services, public legal education, research, and law reform services to the members of the First Nations of Nishnawbe-Aski Nation (NAN). The Corporation functions as an Area Office of Legal Aid Ontario (LAO).

This innovative legal service places substantial responsibility for the administration of justice and the provision of all legal services to the members of NAN, in the hands of First Nation people themselves.

The Nishnawbe-Aski Legal Services Corporation is presently recruiting a full-time Community Legal Worker to serve Mishkeegogamang (New Osnaburgh) and the Independent First Nation Alliance communities of Kitchenuhmaykoosib Inninuwug (Big Trout Lake), Muskrat Dam, and Lac Seul.

Community Legal Worker

Working under the LAO Area Director and Legal Aid Coordinator, the CLW is crucial to the operation of this unique legal services corporation. S/he will work with justice personnel and the communities to improve the administration of the Euro-Canadian legal system of justice, and assist clients and their families in various legal matters. S/he will play a central role in the development and delivery of public legal education in the communities and assist in the development and implementation of restorative justice alternatives.

Qualifications:

• successful completion of Secondary School and/or equivalent experience in a related field;
• experience with the Euro-Canadian legal system and knowledge of Restorative Justice alternatives;
• experience in organizing and delivering programs;
• ability to work in a cross-cultural environment;
• good command of the English language;
• ability to speak the Oji-Cree language fluently an asset;
• willingness to communicate with others about law-related and traditional issues;
• must be willing and able to travel.
• possess a valid driver’s license

Location: Sioux Lookout or Lac Seul, ON, with extensive travel to the communities.

Salary: Salary negotiable.

Closing Date: Friday, January 19, 2007 at 5:00 p.m.

Please submit your resume, cover letter, and 3 references to:

Mary Jean Robinson, Area Director,
Nishnawbe-Aski Legal Services Corporation,
86 Cumberland Street S.,
Thunder Bay, ON, P7B 2V3.

(Tel. 1-800-465-5581)
(Fax 1-807-622-3024)
Email: info@nanlegal.on.ca.