Ontario government and mining company continue to ignore rights of the people of KI and NAN

Over nine years ago the Ontario government  and Platinex Inc were informed by the leadership of Kitchenuhmaykoosib Inninuwug to abandon their plans for mining on their traditional territories. And the KI struggle continues today with accusations, ignorance, legal claims, court rulings, press releases, etc, etc ...

From Canadian Securities Administrators' System for Electronic Document Analysis and Retrieval (SEDAR) website -

Platinex Inc, November 1, 2005 filing

Page 37, 38 - Listing Application for Platinex Inc. - Form 2B (as of March 11, 2004)

10. Particulars of any Other Material Facts

(a) First Nations Facilitation

Neither the Issuer nor any of its properties is the subjuect of any pending legal proceedings nor are any such proceedings known to be contemplated save and except as set forth below:

In November 1998, the Big Trout Lake First Nations Band (the "Band") informed Trusler that the Band was opposed to his exploration activities on what the Band defines as their "traditional and customary lands." In December 1998, several members of the Band, including the Band's chief, reiterated that it was the desire of the Band that Trusler and his company abandon the Property.

The Ontario Ministry of Natural Resources and the Ontario Ministry of Northern Development and Mines (collectively, the "Ontario Ministries") confirmed that Trusler had the right to quiet possession of the Big Trout Lake Property and the obligation to pursue exploration at his will, which rights are now the rights of the Issuer. The Ontario Ministries assert that the Band has no conflicting rights to the same area, a fact which is further confirmed in the text of Treaty 9 in which the Band gave up all right, title and interest to the subject area. A meeting with Ontario government officials, Trusler and representatives from the Band was held in February 1999. At that time the Ontario government stated its policy on Crown land and its rationale for mining policy. However, the Band continued to be opposed to mineral exploration by outside interests. ...

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From THE CANADIAN PRESS http://www.canadaeast.com/business/article/162816

Platinex makes no progress in talks with Big Trout Lake First Nation

December 20th, 2007 - TORONTO - Junior miner Platinex Inc. (TSXV:PTX) has made no progress in discussions with the Big Trout Lake First Nation in northwestern Ontario, which opposes its drilling for minerals on territory the band claims as its own.

Platinex said Thursday that pre-trial discussions last week with the band, also known as Kitchenuhmaykoosib Inninuwug, led to a declaration by the natives that they are asserting a claim of sovereignty over the area in Ontario's far northwest along the Manitoba boundary, and they will not talk to the company until the provincial government resolves this issue.

Platinex proceeded with a contempt of court application in Ontario Superior Court in Thunder Bay arising from an Oct. 25 order confirming the company's legal right to proceed with its drill program. The first nation offered no defence, and it and its chief and several council members were found in contempt last Friday, with submissions on sentencing set for Jan. 25.

There have been threats to disrupt the drilling on what Platinex believes is a large deposit of platinum group metals about 40 kilometres from the reserve.

The company said Thursday that it "takes no position with respect to the merits of KI's treaty land entitlement claim or with respect to KI's recently asserted claim to sovereignty over its traditional lands," either of which Platinex said would not impair its mining claims and leases, "all of which were issued many, many years prior to the filing of KI's TLE land claim."

Platinex, which has a TSX Venture Exchange capitalization of $7 million, said its nine years of effort to access the Big Trout Lake deposit "have been frustrated by KI and the government of Ontario."

It emphasized a desire "to engage in meaningful dialogue, and to foster a positive, mutually beneficial working relationship," but "will not permit this further delay to interfere with its long-term objectives."

Work continues on sampling 5,000 metres of previously drilled core, with initial results expected in early January, and Platinex added that "several new property acquisitions and strategic alliances are being reviewed and will be announced in the next few weeks."

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Platinex press release documenting their public opinion efforts and claims to be working to "eliminate the threat of global warming" through their mining efforts of KI and NAN traditional lands.

Platinex Updates on Legal Proceedings Between Platinex - KI - Ontario

AURORA, ON, Dec. 20 - Representatives of Platinex, Kitchenuhmaykoosib Inninuwug, "KI", and Ontario engaged in a court endorsed pre-trial in Thunder Bay, Ontario, before Mr. Justice Stephen O'Neill of the Superior Court of Justice. After a full day of discussions, KI announced for the very first time (after 1 1/2 years of litigation, preceded by seven years of communications between Platinex and KI) that it was asserting a claim to sovereignty over its traditional lands and that it wished to engage in discussions with Ontario in respect of such claim. The stated position of KI was that it would not dialogue with Platinex until such time as the issues between KI and Ontario were resolved. As a result, the facilitation did not result in any progress in the resolution of the Platinex-KI litigation. Platinex is thankful for the dedication and commitment demonstrated by Mr. Justice O'Neill in his handling of the facilitation. Platinex remains willing to participate in good faith discussions and negotiations with KI and Ontario.

On Friday, December 7, 2007, Platinex's legal counsel proceeded with the contempt of court hearing against KI. The hearing was necessitated by KI's refusal to honour the October 25, 2007, Order of Mr. Justice Smith confirming Platinex's legal right to proceed with its drill program (first ordered in Mr. Justice Smith's ruling of May 22, 2007) and the archaeological pre-screening of the drill hole sites. The motion also sought redress for KI's threat to disrupt on a large scale Platinex's intended drill program.

KI did not defend the contempt motion. However, KI's legal counsel advised the Court that, in KI's view, the current state of Canadian law did not adequately provide redress for KI's grievances as against Ontario and Canada and, as such, KI was not able to comply with the orders of the Court. The Court was advised for the first time (after repeated appearances before the Court since May, 2006) that KI wished to negotiate with Ontario the issue of sovereignty over KI's traditional lands and that, in KI's view, the First Nations who were signatories to James Bay Treaty No. 9, never intended to relinquish their sovereignty to their traditional lands and that the express terms of James Bay Treaty No. 9 did not set out the entire agreement and understanding of the parties. This position is inconsistent with the Treaty Land Entitlement ("TLE") claim that has been a focus of KI throughout the litigation.

The Court found KI and named members of KI including the Chief and several Council members to be in contempt of Court. The Court will hear submissions about the appropriate relief/sentence for the contempt on January 25, 2008.

KI made it clear, for the very first time in these protracted and costly legal proceedings, that KI's objection to the Platinex drill program was no longer about Platinex and consultation respecting the Company's drill program. KI now says that it will not engage in any discussions with Platinex until KI has resolved its issues with Ontario.

Platinex is extremely disappointed with this unexpected new position advanced by KI in the legal proceedings and expects that KI and Ontario will move expeditiously to resolve the issues between them. Platinex had previously made repeated requests for direct Ministerial involvement in the resolution of this dispute; but to date, neither Aboriginal Affairs Minister Michael Bryant nor Northern Development and Mines Minister Michael Gravelle has taken any steps to be directly involved in the resolution of this dispute. The same is also true of their predecessors, Minister Bartolucci and Minister Ramsay. This lack of initiative has contributed to the ongoing costs, losses and damages to Platinex for which Ontario, ultimately, may be held responsible.

Platinex has made it clear to KI and to the court that it takes no position with respect to the merits of KI's TLE claim or with respect to KI's recently asserted claim to sovereignty over its traditional lands. Platinex had also made it clear that, in accordance with well established law and government policy as reiterated in Section 4.5.2 (pages 92-94, Volume 2, Policy Analysis) of the Ipperwash Report, any approval of KI's TLE claim or any resolution of KI's claim of sovereignty over its traditional lands will not in any way affect or impair, to any degree, the validity of Platinex's mining claims and leases all of which were issued many, many years prior to the filing of KI's TLE land claim.

The Ipperwash Report also profiles the KI-Platinex dispute (Section 5.3.2 at Page 110) and states on Page 111 "Although the KI First Nation is not opposed to development on its traditional lands, the community fears that if exploration is allowed to proceed, the area in question could be thereby removed from land that might be added to their reserve". Platinex encourages KI to accept the validity of Platinex's claims and leases, and to work towards reconciling our respective rights.

Furthermore Mr. Justice Smith had stated in his October 25, 2007 ruling, "But of great concern to me of course is the repute of the administration of justice, the integrity of the system of justice.....And it is the rule of law that is fundamentally the glue that keeps our society together. And we have to all have respect for it. Once that respect is lost, chaos will happen. It is fundamental to our democratic society that respect for the rule of law and the orders of this court and other courts is maintained. That is something that is not negotiable." Platinex encourages KI to heed the words of Justice Smith.

The nine years of effort to access and prove up the PGE-chromium deposits at Big Trout Lake and assist in the fight against global warming have been frustrated by KI and the Government of Ontario. Platinex has made every effort to accommodate all of KI's stated concerns regarding the Platinex exploratory drill program. The Company has repeatedly stated its desire to engage in meaningful dialogue, and to foster a positive, mutually beneficial working relationship, with KI. Platinex remains willing to reach an agreement with KI that could include the dismissal of the legal action.

Platinex will not permit this further delay to interfere with its long term objectives. Work continues on sampling of the 5,000 metres of core drilled by INCO on Platinex's Big Trout Lake property. Initial results should be available in early January, 2008. Several new property acquisitions and strategic alliances are being reviewed and will be announced in the next few weeks.