Ontario's Mining Act forces confrontations, possible jail time for First Nation leaders
See the Thunder Bay Chronicle Journal front page story (Saturday, Jan 26) after the following Press Release ...
Aboriginal Leaders Face Jail Time in Spreading Disputes over First Nations Rights and Mining Claims - Consultation and Conservation Demands Conflict with Outdated Mining Law across Canada's Boreal Forest
THUNDER BAY, ON, Jan. 25 /CNW Telbec/ - Spreading disputes between First Nations and mining companies may lead to jail time for Aboriginal leaders in northern Ontario pending the outcome of an Ontario Superior Court of Justice appearance today. Chief Donnie Morris and other members of Kitchenuhmaykoosib Inninuwug (KI), an Aboriginal community in the Boreal Forest of Ontario, may be jailed for refusing to comply with an October,2007 court ruling that allows Platinex Inc., a Toronto-based mineral exploration company, to begin drilling on KI traditional lands without protest or obstruction. KI had established a peaceful protest camp at the Platinex exploration site.
Today's hearing is part of a larger trend of heated battles on the ground and in the courts between northern First Nations and mineral exploration companies. Outdated laws which exclusively promote mining exploration are coming head-to-head with modern appreciation of conservation values, including traditional Aboriginal land use, and modern legal interpretations of Aboriginal rights and title. Booming mineral prices have accelerated exploration throughout the region, and unrest is growing among aboriginal communities throughout Ontario's Boreal. At least nine First Nations in northern Ontario have called for a moratorium on logging and mining over concerns that they are not being properly consulted prior to industrial activities on their lands.
Despite the Supreme Court of Canada's rulings requiring consultation with First Nations prior to making decisions that affect their lands, the Ontario Government allowed Platinex to stake claims and begin exploratory drilling on KI's traditional lands without any consultation. In response, KI decided to peacefully oppose Platinex's mineral exploration activities on their traditional lands. Platinex in turn sued KI for $10 billion for denying the company access to the mining claims. The KI has now gone bankrupt since accruing over $500,000 in legal fees resisting Platinex's action. In November of last year, Platinex filed a motion seeking to find KI in contempt of court and seeking fines and imprisonment. "Platinex seeks to jail our leaders and supporters and bankrupt our community," Chief Donnie Morris said. "I'm prepared to go to jail for my belief in my land."
"We want our children and grandchildren to continue to use the lands and resources to pursue their usual vocations of hunting, trapping, and fishing," said Kitchenuhmaykoosib Inninuwug elder Mark T. Anderson who led a group of KI protesters on a 2,100 km walk from northern Ontario to Toronto in 2006. "We want to protect the environment at the potential drilling/mining site plus the surrounding area which includes our Kitchenuhmaykoosib Lake."
The Ardoch Algonquin First Nation in eastern Ontario is facing a similar situation. Their land was staked and exploratory drilling approved without any consultation; they are also faced with an injunction which they cannot obey and could soon see their leaders jailed and their community bankrupted by contempt of court sanctions which will only inflame an already tense situation. Along with KI, they have proposed a joint panel to investigate what led to these conflicts and recommend new approaches to mineral exploration on First Nations' lands, but have received no reply from Ontario Premier Dalton McGuinty.
Anna Baggio, CPAWS Wildlands League says, "This conflict could have been prevented if Ontario had taken a respectful "Conservation First" approach and implemented comprehensive land use planning before development in the Boreal Forest. An immediate cessation of staking is needed to allow the conflict to be resolved peacefully."
"It's truly tragic that this community finds itself in this situation", stated JP Gladu, Senior Aboriginal Advisor for the Canadian Boreal Initiative. "Until there is respect for consultation obligations and new policy to ensure that exploration occurs only where Aboriginal communities desire it, conflicts like this one are unavoidable. Governments need to act now to bring mineral exploration and development regulation into accord with this new reality."
The Boreal Conservation Framework, supported by over 170 corporations, 113 First Nations and many leading conservation groups, is a vision to protect at least half of the Boreal in a network of large, interconnected protected areas and support sustainable communities, world-leading ecosystem-based resource management practices in the remaining landscapes. Part of this vision is to ensure that land use planning precedes resource extraction in the Boreal in areas such as the Boreal of Ontario.
Kitchenuhmaykoosib Inninuwug is located approximately 600 km north of Thunder Bay in Ontario. Its traditional territory covers approximately 2 million hectares (5 million acres) on intact forest and lakes and rivers in the Boreal Forest of Ontario.
Press Contacts:
Samuel McKay, Spokesperson, Kitchenuhmaykoosib Inninuwug,
mobile: (807) 629-7266, KI Band Office: (807) 537-2263
Robert Lovelace, Ardoch Algonquin First Nation,
e-mail: lovelace@queensu.ca, phone: (613) 532-2166
Christopher Reid, Legal Counsel for KI and Ardoch Algonquin First Nation,
e-mail: lawreid@aol.com, phone: (416) 666-2914
JP Gladu, Senior Aboriginal Advisor, Canadian Boreal Initiative,
mobile: (613) 866-4161
Anna Baggio, Director, CPAWS Wildlands League,
e-mail: anna@wildlandsleague.org, mobile: (416) 453-3285
Sam McKay, Chief Donnie Morris and other KI members will be available for comment in Thunder Bay, Ontario, before the court hearing on January 25, 2008. The court proceeding is scheduled to begin at the Superior Court of Justice at 277 Camelot Street in Thunder Bay at 10:00 a.m. EST.
Sam McKay, Chris Reid and Anna Baggio will be available for comment immediately following the court proceedings at the Superior Court of Justice.
Links:
Kitchenuhmaykoosib Inninuwug Web Site: http://www.kitchenuhmaykoosib.com
Platinex Web Site: http://www.platinex.com/bigtroutlake.htm
First Nations 2005 call for mining and logging moratorium:
http://www.wildlandsleague.org/attachments/Press%20Release%20and%20Endorsement%20re%20Moratorium.pdf
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From Thunder Bay Chronicle Journal
Chief ready for jail on contempt charge
PETER BURKOWSKI - 2008-01-25
A decision has yet to be reached regarding contempt of court charges against members of a remote First Nations community that stemmed from an earlier ruling on mining rights.
Superior Court in Thunder Bay was filled to capacity and security was tight as the submissions were heard. More than a dozen uniformed and plain-clothed police officers watched over the proceedings and an unusual metal detector checkpoint was at the main doors.
Justice Patrick Smith heard counsels Chris Reid speaking for Kitchenuhuhmaykoosib Inninuwug (KI), Neil Smitheman speaking for junior mining exploration company Platinex Inc., and Owen Young representing the Ontario Government.
The hearing concerned an Oct. 25 ruling giving Platinex access to land near Big Trout Lake, which the KI members claim as ancestral territory. The community‘s opposition to the ruling and their refusal to allow Platinex access to the land led to the contempt charges – which the KI members have accepted. KI members withdrew from the legal fight over the mining due to financial concerns.
Only one witness, KI Chief Donny Morris, was called, but the majority of the other KI members standing in contempt adopted his testimony.
During cross-examination, Morris emphasized that KI respects Ontario law, but that he and his people are absolutely resolute about refusing drilling access to Platinex or any other organization. Due to the financial situation of KI, Morris suggested that jail would be a more enforceable sanction than fines.
“We‘re in a deficit,” said Morris on Friday. “All I have left is my good health,” he added.
Although he clearly appreciated the gravity of the situation, Morris‘ manner in the courtroom was almost jovial. After one remark which elicited laughter from the spectators, Smitheman remarked to Morris “have you ever tried comedy?”
Reid submitted that the KI members were following their own laws, and had no choice but to disobey the court ruling. He recommended a minimal incarceration, noting that financial punishment would be “crushing” for the community.
Smitheman submitted that such a statement is “just hollow words” in the face of the KI members actual actions. He recommended a sentence which would produce both specific and general deterrence – specifically, a jail term of six to nine months.
Young urged Justice Smith to carefully consider the broader implications of the case, and to lay a sentence which encourages non-destructive resolution to grievances without crushing the aspirations of those involved.
During his closing remarks after seven hours of hearings, Justice Smith made it clear that he intends to treat the case with extreme consideration, and as such he would not yet be delivering a sentence.
A new court date for the final hearing will be set by the time of the related court hearing on Feb. 25.
Indications suggest that it could be as late as the beginning of April, but both Reid and Smitheman agreed that in the conclusion of this matter, sooner is better than later.