Judge decides "Duty to Consult" efforts sufficient so Platinex can drill
In the May 1 ruling, Justice Smith ruled that "KI's motion for an interlocutory injunction is dismissed" [173] based on his findings that sufficient efforts to consult have been made. It seems that Platinex's need to avoid bankruptcy influenced the judge's decision.
Click here to read the complete ruling by Justice Smith.
Ontario government press release ...
Ontario Government Remains Committed to Consultation in Far North Mineral Exploration Case
May 02, 2007
SUDBURY – The Ontario government reiterated its commitment to reaching a resolution through consultation in the case involving Platinex Inc. and Kitchenuhmaykoosib Inninuwug (KI) First Nation, following the latest Ontario Superior Court decision.
“The Ontario government looks forward to resuming meaningful consultation efforts, and we will continue to be a committed participant in this process,” said Minister of Northern Development and Mines Minister, Rick Bartolucci. “Any process that brings the parties back together and encourages greater understanding of each others’ concerns is a positive development.”
In a May 1, 2007 decision, the Honourable Mr. Justice G.P. Smith issued an interim declaratory order for the parties to resume consultation efforts, and implement a consultation protocol, timetable, and Memorandum of Understanding. The order permits a careful, staged exploration program to proceed, and allows the court to remain engaged in the consultation process to ensure the steps laid out in the decision are followed.
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.
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Contacts:
Laura Blondeau
Minister’s Office – Sudbury
(705) 564-7454
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Platinex's press release ...
Platinex Enabled to Proceed With Drilling Program on Big Trout Lake Traditional Territory
TORONTO, May 2 - Platinex today reported that a decision has been rendered in the legal action among Kitchenuhmaykoosib Inninuwug, "KI", Platinex Inc. and the Ontario government favourable to Platinex.
On July 28, 2006, the Court granted an interim interim injunction to KI conditional on KI immediately establishing "a consultation committee charged with the responsibility of meeting with representatives of Platinex and the Provincial Crown with the objective of developing an agreement to allow Platinex to conduct its two phase drilling project at Big Trout Lake". Having failed to reach an agreement, early in April 2007 KI sought an interlocutory injunction preventing Platinex from conducting its exploratory drill program pending an expedited trial.
On May 1, 2007, the Court dismissed KI's motion. Among other things, Mr. Justice Smith's order requires the parties to implement a consultation protocol, timetable and memorandum of understanding addressing specified items by May 15, 2007. Platinex will be permitted to commence phase one (24 holes) of its drill program on June 1, 2007, subject to the Court being satisfied that a proper protocol is in place. The order contemplates an on-going supervisory role for the Court.
Platinex welcomes this opportunity to work with KI on the further definition of the chromium and platinum group element mineralization on its Big Trout Lake property.