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Open Letter to Ontario Premier Re: NAN First Nations Support for KI

THUNDER BAY, ON, March 11 /CNW/ -

OPEN LETTER TO:
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Hon. Dalton McGuinty, Premier of Ontario

Legislative Building
Queen's Park
Toronto, ON M7A 1A1
Fax (416) 325-3745

FIRST NATIONS SUPPORT FOR KI
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Dear Mr. Premier:

     As Grand Chief of Nishnawbe Aski Nation (NAN) I send this open letter expressing the concerns of leadership across NAN territory (49 communities,
2/3 of the province) regarding the actions of the Government of Ontario and the immoral and unjust political and legal treatment of Kitchenuhmaykoosib Inninuwug (KI) - a community within our treaty area (James Bay Treaty 9).

     KI signed James Bay Treaty 9 in 1929 and along with other First Nations has outstanding Treaty Making land and relationship issues with the Crown. I remind you that the Government of Ontario was a party to the Treaty Making process and has its signature and honour affixed to Treaty 9. For many decades, the people and leaders of NAN have been trying to address a number of outstanding issues with the Crown. And, like other areas and Treaties within Ontario many issues remain outstanding. I remind you of the recent Ipperwash Inquiry report of Commissioner Linden in which he stated "the single biggest source of frustration, distrust and ill-feeling aboriginal people in Ontario is our Provincial Government's (Ontario's) failure to deal in a just and expeditious way with breaches of Treaty and other legal obligations to First Nations". Commissioner Linden also went on to suggest that "the Provincial Government (Ontario) should promote respect and understanding for the duty to consult", a duty the courts clearly state is held by Ontario.

     NAN leadership now find ourselves, where the duty to consult was not properly conducted or honoured in the case of KI and junior mining exploration company Platinex Inc. Some would suggest that in the case of KI the duty to consult was improperly delegated to a company that did not have the mandate, jurisdiction, or desire to address outstanding issues such as rights, a land claim and unresolved relationship issues. Treaty 9 was not made with industry, rather it was made between our Nations and the Crown, subsequently the governments of Canada and Ontario. The court has questioned the role played by Ontario in this development. And the leaders of KI have been found in contempt of court and are about to be sentenced. Their sentences may include fines and incarceration. The people and leadership of NAN seek to impress upon you and your government that the citizens and leadership of KI have merely been following their sacred laws, rights and responsibilities for their lands and resources. This is not optional for aboriginal peoples - It is sacred.

     Mr. Premier, the Mining Act of Ontario is antiquated and is being politically and legally challenged. Ontario has agreed that it will review and as appropriate amend the Mining Act. Ontario has undertaken a consultation process to help determine how consultation on development, including minerals exploration and development will be conducted. The Ministry of Northern Development and Mines (MNDM) is also undertaking a consultation process on consultation. There is no time-frame or agreement on how these consultations will be defined, undertaken, agreed upon or implemented. It seems highly improper that a First Nation community such as KI would be facing such dire consequences when there is tacit admission by these very processes of Ontario that something is amiss with the Mining Act and the legal obligations and honour of Ontario to properly consult and accommodate First Nations and their citizens.

     I also note that you as Premier and your government agreed that Land Use Planning would take place before development occurred in the Far North of Ontario. This land use planning has not taken place and indeed, we are only beginning the process of examining how such planning could and should occur in NAN territory (an area covering two-thirds of the province) our relationships on these matters. Again, we must ask how can the KI leadership and citizens be punished when these commitments remain unfulfilled, and while they hold special rights and have outstanding claims and interests at stake.

     Mr. Premier, there are many concerns and issues related to our relationships and planning and development in NAN territory. NAN First Nations have clearly stated that development will not proceed unless our interests and needs are addressed through prior consent and meaningful consultation and accommodation or our Aboriginal and treaty rights.

     Mr. Premier, this letter is in support of the Leadership and all Citizens of the KI First Nation. We believe that taking them to the courts and considering fining and incarcerating them for peacefully addressing their rights, sacred responsibilities, and interests is wrong and harmful to current and future relationships between First Nations and Ontario.

     Under the circumstances outlined above, the Leadership and Citizens of KI should not be subject to fines and/or incarceration. They are the victims of the inaction and failure of many successive governments of Ontario to address many rights, responsibilities and relationship issues; and, the ignorance of a company that did not know how to proceed or behave. We put forth that your government take the right action and bring an end to this long era of disrespect and unjust treatment of First Nations and their citizens, and that a better solution and sense of respect be found to address the issues presented by KI.

     Nishnawbe Aski Nation is a political territorial organization representing 49 First Nation communities within James Bay Treaty 9 and the Ontario portions of Treaty 5.

Sincerely
NISHNAWBE ASKI NATION

(signed)
Grand Chief Stan Beardy

c.c - NAN Chiefs
      NAN Executive Council

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/For further information: Donna Kiecman, Executive Assistant to the Grand Chief - Nishnawbe Aski Nation, Tel (807) 625-4908; Jenna Young, Director of Communications - Nishnawbe Aski Nation, Tel (807) 625-4952/