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.

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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