KI files lawsuit against the province to stop mine development
Two online news reports describe the confusion around the attempts by mining company to develop mine on Big Trout Lake traditional territory.
from http://www.timminspress.com/webapp/sitepages/content.asp?contentID=51741&catname=Ontario
First Nation sues province in attempt to stop mine: platinum mine spurs lawsuit
Canadian Press - Monday, May 29, 2006
TORONTO (CP) -- The development of a potentially rare and lucrative platinum mine near Aboriginal land in Northern Ontario has prompted a First Nation to sue the provincial government, while it faces a $10-billion lawsuit from a Canadian exploration company.
The cases centre around Platinex Inc.'s hopes to mine for platinum in an area populated by about 1,200 members of the Kitchenuhmaykoosib Inninuwug First Nation, located about 600 kilometres north of Thunder Bay.
The company says about 90 per cent of the world's platinum comes from mines in South Africa, and a Canadian mine would be an extraordinary opportunity for all those involved, including the Aboriginal community.
But the community has made it clear they are against mining on their traditional territory and a landmark Supreme Court ruling dictates they should have been consulted before Platinex was cleared by the province to go forward, said deputy Grand Chief Alvin Fiddler of the Nishnawbe Aski Nation, which is providing assistance in the legal fight.
"For any company to work in (Aboriginal) territory, it's just common courtesy to call the chief and council and say, 'We're interested in doing this type of work in your community, can we come and sit down and talk about it,"' Fiddler said.
He said the First Nation was shocked to find the company setting up to work and drill in a lake about 15 kilometres from their community, an area they consider to be part of their traditional territory.
They asked the company to leave the area but Platinex said it had received a permit from the province to do exploratory work and refused. But Platinex pulled out after further confrontations and sought legal assistance.
"The company turned around and sued the community for $10 billion. We thought it was maybe a typo, we thought it was $10 million but it was really $10 billion," Fiddler said. "So that was a shock to the community."
The company has filed the injunction to continue its work because it was legally cleared to do so, on land which -- according to some legal interpretation -- may be Crown property, said Platinex lawyer Neil Smitheman.
He said the monetary value attached to the case may give a wrong impression of what Platinex is after, since it refers to the maximum value the company believes the mine could be worth, and not a sum being sought from the First Nation.
He said Platinex just wants to continue its work and is caught in the middle of a fight between the First Nation and the government over an ongoing land claim.
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from http://www.tbsource.com/Localnews/index.asp?cid=83295
Mine files lawsuit against First Nation
Tb News Source - Web Posted: 5/29/2006
A northern Ontario First Nation is named in a $10 billion dollar lawsuit for opposing a proposed platinum mine near its reserve.
The K-I First Nation, formerly called the Big Trout Lake First Nation, tried to stop a Canadian company from building the mine on what they feel is their traditional territory. But the company, Platinex Inc., is taking the First Nation to court, saying the site 600 kilometres north of Thunder Bay could be worth billions.
Platinex says developing the mine would provide tremendous opportunities for all involved, including the aboriginal community. The K-I First Nation is suing the province for giving Platinex permits to begin its work and wants control over the land.
The legal battle over the mineral development caused a flurry of questions at Queens Park Monday.
The Big Trout Lake First Nation is suing the province in connection with its approval of exploration work being done in the bands traditional lands by Platinex Inc.
A Supreme Court ruling says the province is obliged to consult with affected first nations before any such approval is given. NDP Leader Howard Hampton accused the government of ignoring the ruling, even though band officials had made their objections to the development clear. But Northern Development Minister Rick Bartolucci says all protocols are being respected.