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HANSARD- ONTARIO LEGISLATIVE ASSEMBLY- JUNE 21, 2006

Mr. Howard Hampton (Kenora–Rainy River): To the Acting Premier. The Mikisew decision of the Supreme Court of Canada last November clearly requires governments to consult and accommodate First Nations prior to allowing resource development activities on First Nation traditional lands that could impact First Nation treaty right.

Yet members of Kitchenuhmaykoosib Inninuwug are being forced to come here to protest and are being sued for $10 billion by a mineral exploration company, Platinex, because the McGuinty government failed to fulfill its duty to consult and accommodate the First Nation.

My question is this: When will the McGuinty government live up to your constitutional and legal responsibilities and accommodate First Nation rights to consultation and accommodation instead of forcing them into the courts?

Hon. George Smitherman (Minister of Health and Long-Term Care): To the minister responsible for aboriginal affairs.

Hon. David Ramsay (Minister of Natural Resources, minister responsible for aboriginal affairs): As a result of those Supreme Court decisions cited by the leader of the third party, the government of Ontario took an internal exercise with all ministries, working with all the lawyers in all the ministries to bring an interpretation forward as to what the responsibilities resulting from this court decision would be with each ministry in its responsibility to consult with First Nations on all the various aspects involving treaty and aboriginal rights.

We have completed that exercise internally and are about to engage the First Nations leadership in Ontario to get some agreement as to what those protocols should be in all the areas that affect their lives. So what we want to do is get some agreement as to whatever the issue, whatever the project, so that we have a set of protocols established and agreed to ahead of time, as that’s the way we need to consult with First Nations people.

Mr. Hampton: I want to get this straight: You have a constitutional and legal responsibility recognized by the Supreme Court of Canada. You now admit that you have not yet even produced the guidelines for consultation and accommodation, yet the McGuinty government gave a permit to the mining company to go into the traditional lands of this First Nation. It sounds to me, by definition, like the McGuinty government is it already in breach of its constitutional and legal responsibilities, and as a result of that the First Nation has to pay the price: They’re getting sued for $10 billion.

After you finish with your speeches and your platitudes, when are you going to do something about your own breach of your constitutional and legal responsibilities with respect to this and other First Nations?

Hon. Mr. Ramsay: I would say that we’re not in breach at all, because we have the duty to consult on these protocols, and that’s what we’re about to do. We’re not about to just impose them upon First Nations and say, “This is now how we’re going to consult in the future”; we are going to engage in a dialogue to make sure we are on the right track and make sure they agree that these are the protocols we need to adopt.

That’s what we’re going to do: We’re going to do that consultation with First Nations people instead of imposing upon them, as this party would probably want to do.

HANSARD- ONTARIO LEGISLATIVE ASSEMBLY- MAY 29, 2006

Mr. Howard Hampton (Kenora-Rainy River): My question is for the minister responsible for native affairs. Kitchenuhmaykoosib Inninnuwug First Nation has told your government that they are opposed to mining exploration and mining development within their traditional territory. But the McGuinty government has encouraged Platinex Inc. to pursue mining exploration and mining development, even though the first nation has said no. Now the First Nation has been forced to sue the McGuinty government because of your failure to honestly and openly consult with it.

The Mikisew Supreme Court decision says that you must honestly, honourably and openly consult with First Nations before you attempt to approve mining development in First Nations traditional territory. My question: When will the McGuinty government live up to its legal and constitutional responsibility with respect to this First Nation, instead of forcing them to go to court to get you to observe --

The Speaker (Hon. Michael A. Brown): Thank you.

Hon. David Ramsay (Minister of Natural Resources, minister responsible for aboriginal affairs): To the Minister of Northern Development and Mines.

Hon. Rick Bartolucci (Minister of Northern Development and Mines): The member opposite is right; there has been an action launched. So obviously, as a former Attorney General, he would know that it is inappropriate for us to comment on the particular case before the courts.

Let me tell you that this ministry and this government recognize 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. There's absolutely no question that the Ontario Secretariat for Aboriginal Affairs has drawn up those guidelines, and each ministry will certainly draw up protocols. We're very, very proud of what our government is doing with regard to our duty to consult, and we will live by those Supreme Court decisions.

Mr. Hampton: I just want to read part of the decision to you. It says the crown's duty to consult says that you have to, "ensure that the representations of First Nations are seriously considered and, wherever possible, demonstrably integrated into the proposed plan of action."

Imagine the surprise of this First Nation and other First Nations when they heard you on the radio saying, on May 10, "As we speak, those guidelines are being developed, and as we speak, those protocols are being put in place." But the First Nations have hand-delivered to you and to your deputy their part, their views. You have not only ignored them, you have failed to respond.

Is that what the McGuinty government calls honest and open consultation according to constitutional law, when you ignore the very First Nations, and then go on radio and say, "Oh, it's all happening"?

Hon. Mr. Bartolucci: The member across has a very, very creative interpretation of reality. I want to tell you that the Ontario Secretariat for Aboriginal Affairs is drawing up these guidelines. Each ministry will be responsible for protocols. I am very, very confident that our ministry will have and will continue to live up to the decision of the Supreme Court. If the member had read the Ontario mineral development strategy, he would know that we are committed to that type of consultation, and we will continue to be committed to that type of consultation.

HANSARD-ONTARIO LEGISLATIVE ASSEMBLY MAY 9, 2006

Mr. Howard Hampton (MPP, Kenora-Rainy River) Premier, the Kitchenuhmaykoosib First Nation is being sued for over $10 billion by Platinex, a mineral exploration company, because the First Nation has acted to protect their traditional territory. This First Nation is a remote fly-in community of 1,200 people; 80% of the people are unemployed. They're poor. Yet this mining company is going to sue them for $10 billion because the community has dared to stand up and defend their own traditional territory. The chief has asked me to ask you this question: Will you intervene on the side of the First Nation in this vexatious lawsuit?

Hon. Dalton McGuinty (Premier, Minister of Research and Innovation): Minister of Northern Development and Mines.

Hon. Rick Bartolucci (Minister of Northern Development and Mines): We certainly take this issue very seriously. The member would know that my ministry staff have been in contact with both the First Nation community and the company. We were hoping for some type of resolution. It appears, at this point in time, that the company will be taking the First Nation to court. It would be inappropriate for us to comment on this as it could be the subject of a legal matter.

Mr. Hampton: Here's the great irony. This court case is due to be heard on June 21 -- National Aboriginal Day.

Premier, it was your government that issued the permit to this mining company. The First Nation said, "Look, we object to any kind of mineral exploration taking place in our territory." They explained that to officials of your government. Since that date, they have not heard a word from your government.

Now, Caledonia is a situation where your government ignored all the warning signs. Here you've got a remote First Nation; there are no non-aboriginal people who live anywhere near it. They're saying to your government, "Do not promote this kind of conflict. Do not issue these kinds of permits when you know the First Nation is opposed and when you haven't consulted with the First Nation." They're simply asking you, since you created this problem by giving the mining company the permit in the first place, will you now intervene on the side of the First Nation and help them defend their traditional rights and their traditional land, or do you want to see a more serious conflict here?

Hon. Mr. Bartolucci: To be perfectly honest with the member who's asking the question -- and he certainly knows that our ministry has been in constant contact with the First Nations community. Because it is a matter that's before the courts, we're not --

Hon. Mr. Bartolucci: The member would know that ministry staff have visited the community to hear the concerns of the First Nations people. He would also know that mining claims and leases are valid under the Mining Act. Certainly it's the view of this ministry that we want to work with both sides to try to come to some resolution before these matters end up in the courts. We will continue to do that, as we will continue to honour our commitments that we must live up to under the Supreme Court decision, which says that we have a duty to consult. We take that very seriously.

HANSARD- ONTARIO LEGISLATIVE ASSEMBLY- APRIL 24, 2006

Mr. Howard Hampton (Kenora-Rainy River): My question is to the minister of aboriginal affairs. Minister, the Kitchenuhmaykoosib Inninuwug First Nation, otherwise known as Big Trout First Nation, has indicated that they are opposed to the Platinex mining exploration company operating on the traditional territory of the First Nation. Yet when the First Nation members protested and picketed this mining exploration company, the McGuinty government's response was to send in the OPP. The First Nation is asking the McGuinty government now, will you tell Platinex mining exploration company not to operate on the traditional territory of the First Nation until your government starts to meet its responsibilities to the First Nation under the Mikisew Supreme Court of Canada decision?

Hon. David Ramsay (Minister of Natural Resources, minister responsible for aboriginal affairs): I refer that to the Minister of Northern Development and Mines.

Hon. Rick Bartolucci (Minister of Northern Development and Mines): As with the earlier case that was discussed, our ministry remains in contact with the community, and we will continue that contact and that dialogue. Certainly I'm not going to debate what actions are going to be used or what actions aren't going to be used at this point in time, but clearly that dialogue between my ministry staff and the First Nations community is an ongoing one.

HAnsard-Ontario Legislative Assembly- March 1, 2006

Mr. Howard Hampton (Kenora–Rainy River): My question is for the Premier. Premier, one year ago, with much fanfare and self-congratulation, your government announced a new approach to aboriginal affairs. You said, “Our new approach calls for working with aboriginal people.”

Recently, the chief in council of the Big Trout Lake First Nation informed your government officials that they were opposed to a mining exploration company conducting drilling operations in the First Nation’s traditional territories without your government first consulting with the First Nation. Instead of your government consulting with the people of Big Trout Lake First Nation, you gave the mining exploration company the go-ahead to begin drilling in the First Nation’s traditional lands, and when the people of the First Nation protested this, you sent in the OPP.

Premier, can you tell aboriginal people across this province what happened to your promise to work with aboriginal people, what happened to your specific promise to respect and observe your legal obligations in respect of aboriginal peoples?

Hon. Dalton McGuinty (Premier, Minister of Research and Innovation): To the Minister of Northern Development and Mines.

Hon. Rick Bartolucci (Minister of Northern Development and Mines): In incidents like this, it is always good to ensure that the facts that are given are facts that can be substantiated. Let me tell you that my ministry has been in contact with both the First Nations community and the company in question. We are very happy that the company has chosen to vacate the site and that police levels have returned to normal.

Mr. Hampton: This is not about the company. This is about your promise to consult with First Nations. This is about the Mikisew Supreme Court of Canada decision, which says that before you’re going to build a winter road on traditional First Nation territory, before allowing a mining company access to their traditional territory, you must consult with the First Nation about their legitimate interests and rights. You didn’t consult with the First Nation. You simply gave this mining company the go-ahead to go into their traditional territory and start drilling. When people protested, in go the OPP.

I’ll tell you, Minister, a chief of NAN and the chief of Big Trout Lake First Nation want to know when the McGuinty government is going to start observing the law of Canada as set down by the Supreme Court of Canada? When are you going to start observing the promise that you specifically made a year ago to First Nations to respect not only their constitutional rights, their treaty rights and their legal rights…

The Speaker (Hon. Michael A. Brown): The question’s been asked. The Minister of Northern Development and Mines.

Hon. Mr. Bartolucci: There’s absolutely no question that our government is committed through the Ontario Secretariat for Aboriginal Affairs, to meet our legal obligations with the duty to consult. Ontario is preparing draft consultation guidelines to assist ministries in fulfilling that consultation, and that’s being done through the minister responsible and through OSAA.

Let me tell you that when it comes to mining issues, we’ve very clearly spelled out in our mineral development strategy that the duty to consult will be lived up to as to the Mikisew Supreme Court ruling.