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KI Responds to Ontario’s Proposal

FOR IMMEDIATE RELEASE
March 5, 2008

Kitchenuhmaykoosib Inninuwug –  Yesterday Match 4, 2008 Minister of Aboriginal Affairs, Michael Bryant , paid a visit to our community (KI).  There have been media reports today suggesting that Mr. Bryant made a proposal to settle KI’s dispute with the government of Ontario regarding mineral exploration on our territory by Platinex Inc., and that KI accepted the proposal.  We wish to set the record straight.

No new proposals were made by Minister Bryant concerning the Platinex dispute and no agreement was reached.  While the Minister did provide KI with a draft “Proclamation”, the Proclamation is a general statement of principles concerning future resource development in our territory.  It contains no specific commitments by Ontario and makes no reference to the Platinex dispute.  Indeed, in his comments to us during the meeting yesterday Mr. Bryant made it clear that Ontario remains committed to the Platinex project going ahead with Ontario’s blessing.  KI remains equally committed to our position that we cannot permit mining or mineral exploration within our watershed and that the Platinex project must not proceed.

Background

KI leaders will learn on March 17 whether they will be going to jail for contempt of court.  Chief Donnie Morris and five other members of our community (KI), located 600 km north of Thunder Bay, 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 has established a protest camp at the Platinex exploration site and have vowed to continue their protest despite the injunction.

The KI leaders were found in contempt of the October injunction at a hearing in January and Justice Smith reserved his decision on sentencing.  The sentencing is part of a larger trend of heated battles on the ground and in the courts between First Nations and mining companies in Ontario.  Outdated provincial laws which exclusively promote mining exploration are coming head-to-head with First Nations’ conservation values. Booming mineral prices have accelerated exploration throughout the province. 

On February 15, Robert Lovelace, former Chief of the Ardoch Algonquin First Nation in eastern Ontario, was sentenced to 6 months in prison, plus $25,000 in fines, for refusing to obey a similar injunction.  Like KI, Adroch’s land was staked and exploratory drilling approved by Ontario without any consultation.  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 Premier Dalton McGuinty.  Instead, McGuinty instructed Ontario’s lawyers to sit silently in court while mining company lawyers sought jail terms and stiff fines for refusing to allow exploration on land which they claim is theirs.

First Nation communities across Ontario have called for a moratorium on mining on disputed lands over concerns that they are not being properly consulted prior to industrial activities on their lands. McGuinty’s decision to allow continued staking of mineral claims, without any consultation with First Nations, has led to ongoing conflict.

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. In November 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 be able to continue our traditions of hunting, trapping, and fishing," said Kitchenuhmaykoosib Inninuwug spokesperson Sam McKay.  "We are not afraid to go to jail to protect the environment at the potential mining site, plus the surrounding area which includes our Kitchenuhmaykoosib."

Press Contacts:

• Samuel McKay, Spokesperson, Kitchenuhmaykoosib Inninuwug, mobile: (807) 629-7266; KI Band Office: (807) 537-2263
• Paula Sherman, Ardoch Algonquin First Nation, (613) 329-3706
• Christopher Reid, Legal Counsel for KI and Ardoch Algonquin First Nation, lawreid@aol.com, (416) 466 9928.

The March 17 court proceeding will be at the Superior Court of Justice, 277 Camelot Street in Thunder Bay at 10:00 a.m.

Links:
Kitchenuhmaykoosib Inninuwug Web Site: http://www.kitchenuhmaykoosib.com

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From Tb News Source

Minister hopes proclamation will resolve KI mining dispute

Web Posted: 3/4/2008

Ontario's Aboriginal Affairs Minister says there is a solution to a long-running feud between Kitchenuhmaykoosib Inninuwug First Nation and Platinex Inc. over drilling rights.

Speaking in Thunder Bay on Tuesday, Michael Bryant said he hopes the dispute can be resolved with a landmark proclamation and KI leaders could be spared from the possibility of serving jail time for contempt after opposing the company's drilling activity.

Bryant says the proclamation includes all parties involved in the dispute and is the first of its kind in creating a partnership between the private sector and a First Nation community.

Michael Bryant presented the draft memorandum of understanding on Tuesday to NAN chiefs attending an annual meeting, saying it offers them the chance to make history.

NAN Grand Chief Stan Beardy says he supports the proclamation, calling the document, a step in the right direction.

At the heart of the issue is a land claim on first nation territory. After many delays, Platinex was given the go-ahead by the Superior Court to resume drilling on KI land but has continued to face opposition from the community. As a result KI leaders could be sentenced to jail time for contempt of the court order.

The document says the two sides would work together, nation to nation, to reach an agreement between KI and any third-party mining entity and assures that any mining activity must allow KI people to pursue cultural activities on the land, and consultations must guide development of resource-based opportunities including benefits such as employment, education, and the sharing of revenue.

Bryant says the agreement could be used for similar disputes across the province.

KI Chief Donnie Morris and five other members of the community are expected to appear at the Superior Court of Justice for their possible sentencing on March 17.