Ontario judge forces First Nations into confrontation with mining companies, gov't and their "justice" system
The leadership of Kitchenuhmaykoosib Inninuwug (KI) are now preparing to enforce the First Law, ie. the laws of their people and their lands, after the Ontario court system and one judge ruled that they have no rights to their traditional lands, their traditional knowledge and their own laws. Visit http://www.kitelecom.myknet.org/ to listen to Chief Donny Morris and Deputy Chief Jack McKay explain their position and their understanding about their relationship to their traditional territories and knowledge.
Support for the people and lands of Kitchenuhmaykoosib Inninuwug (KI) are welcomed!
Press Release ....
Ontario Forces KI to Withdraw from Legal Process
THUNDER BAY, ON Thursday October 25, 2007: Kitchenuhmaykoosib Inninuwug (KI) spokesperson John Cutfeet today delivered a statement to Ontario Superior Court Justice Patrick Smith withdrawing the remote fly-in community from a court process it’s been engaged in since mining exploration company Platinex Inc. sued the community for $10 billion after KI requested drilling equipment be removed from their traditional territory February 2006.
“Due to the refusal of our treaty partner, the Government of Ontario, to deal seriously with the funding and compensation aspect of previous Superior court rulings, KI is no longer able to continue the court process, as legal and consultation costs are impacting community programming,” said Cutfeet.
Cutfeet’s statement to withdraw comes after almost two years of court proceedings to ensure the Crown’s (Government of Ontario) obligation with regard to consultation and accommodation is upheld as outlined in sec. 35 of the Canadian Constitution and former Supreme Court decisions, including Mikisew (2005).
Negotiations have been ongoing since the Government of Ontario was ordered by Ontario Superior court July 2006 to develop a Memorandum of Understanding (MOU) with KI and Platinex Inc. that would include Ontario’s obligation to consult with KI prior to development.
In addition to legal and community consultation costs, this negotiation process has cost the community over $600,000, seriously affecting other community programming.
“Ontario and Platinex have developed a deliberate legal strategy designed to increase KI’s legal costs, thereby denying our community’s access to justice,” said KI Councillor Sam McKay. “We just don’t have the money to answer Ontario and Platinex’s legal maneuvers and they’ve joined together using legal tactics to bankrupt our community.”
“This is not the first time the Province of Ontario has used a legal tactic designed to make it too expensive for First Nation communities to use the courts to get justice,” said Nishnawbe Aski Nation Deputy Grand Chief Alvin Fiddler who represents 49 First Nation communities in James Bay Treaty 9 and Treaty 5 – an area covering two-thirds of Ontario. “The Government of Ontario is forcing us into confrontations on our land and we all saw what that led to at Ipperwash.”
A hearing on costs is scheduled for Ontario Superior Court in Thunder Bay December 2008.
A 2001 community declared moratorium on exploration and development continues in KI traditional territory, pending resolution of a treaty land entitlement claim and fulfillment of the Government of Ontario’s legal obligation to consult and accommodate mandated by the Supreme Court of Canada.
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From Canadian Press (London Free Press) ...
Remote First Nation giving up legal fight - It can't afford to take on Queen's Park and a mining company.
October 26, 2007
TORONTO -- A remote First Nations community in northern Ontario said yesterday it can't afford to continue its legal fight with the province and the mining firm Platinex because the Crown and the company have tried to bankrupt the aboriginals by prolonging proceedings.
The Kitchenuhmayboosib Inninuwug First Nation has already spent $700,000 on legal fees, spokesperson John Cutfeet said.
"Ontario is still trying to drag out the process for as long as it can, until we're bankrupt. We're being penalized for being poor."
The band is fighting to be consulted before Platinex drills exploratory holes in the area around Big Trout Lake, about 600 kilometres north of Thunder Bay. The area Platinex wants to explore is not on KI reserve land, but is within the band's traditional territory.
Cutfeet said that based on the actions of the Crown in the KI case, any wealthy company can wait for a First Nations community to go bankrupt, and then it will have access to their lands.
"That to me is denial of access to justice based on funding," he said. "It's an access to justice issue because we don't have the money to try and stay involved in the court process because Ontario refuses to seriously deal with the issue of funding."
Nishnawbe Aski national deputy grand chief Alvin Fiddler said this is not the first time the government has used a legal tactic "designed to make it too expensive" for an aboriginal community to use the courts to get justice.
"The government of Ontario is forcing us into confrontations on our land," he said. "And we all saw what that led to at Ipperwash."
NDP Leader Howard Hampton said yesterday the Liberal government has an obligation to at least subsidize the band's legal battle to protect its traditional lands or be consulted about mining activities.