Kitchenuhmaykoosib Inninuwug First Nation WINS its court battle!!
The judge's decision is in ... David Peerla, Nishnawbe Aski Nation Mining Coordinator kindly provided KI with some of the key phrases / paraphrases from the KI Injunction decision. These include:
- Platinex was the author of own misfortune
- Crown stood on the sidelines
- The injunction compels the Crown to act honourably
- The provincial Crown has not heard or comprehended 16 years of judicial messages on aboriginal and treaty rights
- The Crown abdicated its responsibility and delegated its duty to consult to Platinex
- Consultation must begin before any activity begins
- The Crown must commit to reconciliation over litigation
- Platinex ignored or was wilfully blind to the concerns and positions of the KI community
- Platinex's actions were disrespectful and interpreted as an insult by KI
- Platinex decided to gamble that KI would not try to stop them
- No means No
- Platinex did not disclose it had no consent to investors
As well the judge included powerful statements concerning KI's responsibilities ...
- KI had a duty under its own laws to protect the land
- KI had 6 stage community approval process and the community process was not complete
From: David Peerla, Nishnawbe Aski Nation Mining Coordinator, 807.625.4915, 807.627.3097
Check out Ontario's press release about the decision ... sounds like business as usual ... http://ogov.newswire.ca/ontario/GPOE/2006/07/29/c2186.html?lmatch=&lang=_e.html
Some background articles from http://www.miningwatch.ca/
Mining's Privileged Access to Land Under Challenge Across the Country
Opposition to the “Free Entry” system of mine claim staking is being challenged across the country by Indigenous people and private property owners. [July 19, 2006 12:21 PM]
Kitchenuhmaykoosib Inninuwug First Nation Says Ontario Mining Act Unconstitutional
Kitchenuhmaykoosib Inninuwug (KI - Big Trout Lake) First Nation has today filed documents with the Ontario Superior Court to protect their lands and community from an injunction application and lawsuit for $10 billion by Platinex Inc. By way of notice of a third party claim against the Ontario Government, KI is challenging the constitutionality of the Ontario Mining Act "for failure to provide priority to the exercise of aboriginal and treaty rights...for consultation with aboriginal parties and accommodation of their rights and interests." [May 26, 2006 12:49 PM]