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Ontario Regional Chief responds to sentencing of Kitchenuhmaykoosib Inninuwug Chief and Council

     TORONTO, March 18 /CNW/ - On March 17, 2007 in Thunder Bay, Kitchenuhmaykoosib Inninuwug Chief Donny Morris, four Councillors, and a community member were sentenced by Ontario Superior Court Justice Patrick Smith to six month jail terms for contempt of an October 25, 2007 court ruling.

     "I vehemently disagree with our people being jailed for defending their constitutional rights. The sentencing of Chief Morris and Councillors demonstrates all that is wrong with settling these issues through the Courts" stated Ontario Regional Chief Angus Toulouse.

     Regional Chief Toulouse pointed out that from the very beginning Ontario failed to consult and accommodate the concerns and interests of Kitchenuhmaykoosib Inninuwug (KI). They sold a mining license to junior mining exploration company Platinex Inc. without any input or notification to the First Nation. Ontario then failed to facilitate a consultative process with the First Nation as is their responsibility. "Essentially, the First Nation was relegated to dealing directly with Platinex Inc. with Ontario absent from the discussion. The duty to consult with and accommodate First Nations interests cannot be delegated to a third party, it is clearly the responsibility of the Crown government" said Chief Toulouse.

     In July 2006, KI won an injunction against Platinex Inc. and the Judge ordered that a consultation process be undertaken between KI, Ontario and Platinex. The Regional Chief indicates that this was a positive step and forced Ontario to take on a larger role in the process. However, at that point positions had already hardened and frustration and disappointment had taken hold.

     In October of 2007, the KI Chief and Council withdrew from the court process citing their inability to cover the mounting legal costs crippling their community. On October 25, 2007, Justice Smith passed down a ruling allowing Platinex Inc. to enter KI territory on November 6 to begin phase I of the exploratory drilling process. On November 6, Platinex representatives arrived in KI and were prevented by Chief Morris and Council members from entering the territory, eventually leaving the community the same day. As a result of this action, Chief Morris, the four Councillors and one community member were charged with being in contempt of a court ruling. "Yesterday, Justice Smith talked about the importance of upholding the rule of law. I am very disturbed by this as the rule of law should apply equally to everyone - but it seems it does not apply to the Crown, as they continue to ignore previous Supreme Court of Canada decisions requiring them to consult with and accommodate the interests of First Nations. Consulting after the fact, or in the middle of an already heated process as Ontario has tried to do in this case is not effective. We see the sad results of this failure in this case"
said Chief Toulouse.

     "It is clear that this situation was mishandled by Ontario from the beginning. This instance shows why the Crown must consult and hold fair negotiations with First Nations at the outset as they are required by law to do. It did not have to come to this. It is extremely disappointing and unprecedented that a Chief and his Council sit in jail right now, while the Ontario government claims to have clean hands" stated Chief Toulouse.

     The Regional Chief emphasized that the court system is the least appropriate place to deal with complex reconciliation issues between First Nations peoples and the Crown. "The court process criminalizes our people for asserting their constitutional rights. On many occasions the Supreme Court of Canada, and more recently, the Final Report of the Ipperwash Inquiry Report, have pointed out that the path forward is negotiation and mediation" said Chief Toulouse.

     The Regional Chief explained that the reason that many First Nations pursue the settlement of their outstanding claims through the court system is they are left with no alternative. Government inaction and unresponsiveness often forces First Nations into the costly litigation process.

     Regional Chief Toulouse indicated that in the short time that Minister Michael Bryant has been in office as Ontario Minister of Aboriginal Affairs he has demonstrated a willingness to work with First Nations. However, yesterday's court ruling clearly shows that much work remains in order to genuinely change and improve the relationship between Ontario and First Nations. "Recently, Minister Bryant and First Nations leaders in Ontario made the negotiation process a successful alternative to the court process in reaching a gaming agreement. This shows that with commitment, political will and good faith, negotiation can work" stated Regional Chief Toulouse "but we need to move beyond the rhetoric and the nice sounding words. The most recent Ontario Speech from Throne made reference to developing a "better and improved relationship with First Nations". What does a better and improved relationship look like? We need to define this and actually make the necessary shift to institute real change because it has not happened yet" said Chief Toulouse.

     First Nations leadership in Ontario will be meeting to discuss and strategize next steps given the March 17, 2008 decision to sentence Chief Morris and his Council members. "Our people are absolutely upset and frustrated. Ontario cannot claim to be an innocent bystander in this while we have leaders sitting in jail. It is incomprehensible and unjust" stated the Regional Chief.

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/For further information: Pam Hunter, (416) 597-1266 or Policy Advisor,
(613) 203-3233/

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Kitchenuhmaykoosib Inninuwug First Nations' Human Rights Violated: What’s Next?

PRESS RELEASE
March 18, 2008

“The Union of BC Indian Chiefs finds the jailing of Chief Donny Morris and all six council members of Kitchenuhmaykoosib Inninuwug First Nation to be completely outrageous. Once again the Province of Ontario has jailed community members for protecting not only their territories but their fundamental human rights," said Grand Chief Phillip, President of the Union of BC Indian Chiefs. "Such brutal, heavy-handed and highly provocative sentencing by the Courts of Ontario shall only serve to exacerbate an already dangerously volatile situation.”

“In the event that this dangerously provocative trend continues, it will certainly provoke an ugly backlash of unprecedented proportions. Given these startling developments, what does the future hold for the First Nations of Ontario? Internment Camps?” observed Grand Chief Phillip. “When personal rights are restricted, the length of trials quickened and more severe penalties served, the Government of Ontario might as well call for Martial Law.”

“Who is in control of the political agenda in Ontario, the mining industry? Given the ugly, thuggish approach demonstrated thus far, we call on Assembly of First Nations National Chief Phil Fontaine to tear-up any Protocol Agreements between the AFN and the mining industry” said Grand Chief Phillip.

“We hereby serve notice and warn Premier McGuinty that the Indigenous Leaders and People of Turtle Island are closely monitoring developments in Ontario. Be fully advised, we stand in full support and solidarity with the Chiefs and Council members of both Kitchenuhmaykoosib Inninuwug and Ardoch First Nations” concluded Grand Chief Phillip.

– 30 –

FOR MORE INFORMATION CONTACT:
Grand Chief Stewart Phillip
President
(250) 490-5314
 
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March 17, 2008

Honourable Dalton McGuinty
Premier
Legislative Bldg
Rm 281
Queen's Park
Toronto ON M7A1A1
Fax 416-325-9895

Dear Premier Dalton McGuinty,

Stop the injustice: Overhaul Ontario’s mining laws and policies

We, the undersigned organizations, are writing to you concerning Ontario’s Mining Act. A number of recent examples underscore the urgent need for changes to the Act.

Today, six members of the Kitchenuhmaykoosib Inninuwg (KI) First Nation in northern Ontario were sentenced on contempt charges for their peaceful opposition to drilling for platinum on their traditional lands. They consider it to be their responsibility to protect their lands from drilling in the Boreal Forest in northern Ontario.

Recently, the Ardoch Algonquins were sentenced in court for opposing uranium exploration in a part of eastern Ontario which they have never surrendered and which is currently part of the Algonquin land claim negotiations. Ardoch spokesperson Bob Lovelace was sentenced to six months detention and fined $25,000. In addition, the community was fined $10,000 and Chief Paula Sherman $15,000. Leaders of the neighbouring Shabot Obaadjiwan First Nation will also be sentenced for contempt next week. Leaders of the neighbouring Shabot Obaadjiwan First Nation and non-Aboriginal landowners and supporters of the Algonquin will also be in court this week.

All these charges relate to the non-violent actions of reasonable and concerned people opposed to exploration and mining activities that the provincial government should not have permitted in the first place.

Ontario’s Mining Act allows exploration activities, including aerial surveying, felling trees, blasting and drilling, trenching and the construction of temporary roads and shelters, without any public consultation or environmental assessment. Such provisions are incompatible with other responsibilities of the province, including its higher duty to respect and uphold Aboriginal and Treaty rights. Such provisions are also inconsistent with contemporary state obligations to carefully assess and seek broad public input around environmental impacts and ecological values.

Canadian courts have said over and over again that there is a clear, constitutional obligation for governments to carry out meaningful consultation and accommodation before any decisions are made that could impact on the rights and interests of Indigenous peoples. The purpose of such consultation is to identify and address any Indigenous concerns.

This did not happen before permits to explore for platinum were granted in the KI case. And it did not happen before uranium exploration began in lands subject to a long-standing Algonquin land claim. Implementation of an antiquated Mining Act has meant that the rights of Ontarians to protect their communities and lands are quickly being eroded.

The province must act before any further injustices are committed.

The undersigned organizations call on the Province of Ontario to:

1. Instruct officials in the Ministry of Northern Development and Mines to not allow mineral exploration or the staking of claims and mining leases that violates constitutionally protected Indigenous rights, including the right to consultation and accommodation.

2. Comprehensively reform the Mining Act, including the free entry system, in consultation with Indigenous peoples and with affected stakeholders. Reform must include protection of the rights  of Indigenous peoples in national and international law and independent environmental assessment of the cumulative impacts of proposed exploration and mining projects.

3. Enter into good faith negotiations with the KI and Algonquin peoples to ensure their rights are fully respected and that these conflicts are quickly remedied in the public interest.

We look forward to your response to these urgent matters.

Amnesty International Canada
Atlantic Regional Solidarity Network
Atira Women’s Resource Society
Bathurst Street United Church
Bedford Mining Alert
Canadian Friends Service Committee
CPAWS Wildlands League
Christian Peacemaker Teams Canada
Community Coalition against Mining Uranium
CUSO
The Council of Canadians
The Council of Canadians, Kawartha and Peterborough Chapters
David Suzuki Foundation
Development & Peace, Peterborough diocese
Earth Action
Earthroots
Environmental Defence
Extractive Industries Research Group, York University
ForestEthics
Friends of the Earth Canada
Gravel Watch Ontario
Green Party of Canada
Green Party of Ontario
Green Party of Prince Edward Island
The Justice, Global and Ecumenical Relations Unit of The United Church of Canada
Manitoba Wildlands
Larry Martin, chair Ottawa Diocesan Committee for Development & Peace
Mining Watch Canada
Ottawa Riverkeeper / Sentinelle Outaouais
Physicians for Global Survival (Canada)
Rainforest Action Network
SAGE (Safe and Green Energy)
SalvAide
Sierra Club Canada
Skeena Watershed Conservation Coalition
Wild Women Expeditions

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Ontario Legislature Question Period March 17, 2008 Transcript

ABORIGINAL RIGHTS

Mr. Howard Hampton: My question is to the Premier. This morning, an Ontario court sentenced Kitchenuhmaykoosib Inninuwug Chief Donny Morris and five other members of the First Nation to six months in jail. What is the substance of their offence? They went to court to defend their aboriginal rights after the McGuinty government failed to fulfill its constitutional duty to consult and accommodate the First Nation in terms of their rights and interests.

My question to the Premier is this: Is this the new relationship with First Nations that the McGuinty government boasts about-send First Nation leaders to jail when they defend First Nation rights and interests after the McGuinty government has failed to do so?

Hon. Dalton McGuinty: To the Minister of Aboriginal Affairs.

Hon. Michael Bryant: As I said before, we in this government believe that we are going to better the living conditions of First Nations, Metis and Inuit people. We're going to be able to create more jobs, we're going to be able to improve educational opportunities, and we're going to be able to improve the relationship between the First Nations government and the government of Ontario at the negotiating table, and not through the courts. That's why I was up in KI every month this year-I was there in January, February and March. I felt confident that we were getting closer in terms of the arrangements that we were trying to create to rectify a situation that involved a company, Platinex, that admits now it got off to a terrible start with KI. I'm going to continue to work with KI to try to come up with a resolution that is acceptable to them.

Mr. Howard Hampton: It seems now that the McGuinty government is trying to cover their tracks after the fact. In 2006, Kitchenuhmaykoosib Inninuwug was granted an injunction against mineral exploration. In his decision, the trial judge referred to the McGuinty government's failure to meet its constitutional obligations to consult with and accommodate First Nation rights and interests. I want to quote the trial judge: "Despite repeated judicial messages delivered over the course of 16 years, the evidentiary record available in this case sadly reveals that the provincial crown has not heard or comprehended this message and has failed in fulfilling this obligation." It's very clear: It's the McGuinty government that's failed.

My question to the Premier is this: Since your government has failed, when are the Minister of Aboriginal Affairs and the Minister of Northern Development and Mines going to resign?

Hon. Michael Bryant: What is important here is to find a way in which KI can in fact work with a company to the betterment of their community. That is what Chief Morris, Sam McKay and council have said to me.

Interjections.

Hon. Michael Bryant: I'm trying to get the answer out, Speaker.
The finding today obviously is extremely disappointing. As I've said before and will say again, the way through this is not through selective readings of decisions; the way through this is not through litigation efforts; the way through this is to come to an agreement. The ultimate expression of consultation is in an agreement. The people of KI said to me, "Don't give up." I won't give up.

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Thunder Bay Television ...

http://tbtv.dayport.com/launcher/13602/?tf=tbtviewer_2004.tpl

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Additional newspaper coverage ...

Province blasted as natives jailed
Toronto Star, Canada
... six members of Kitchenuhmaykoosib Inninuwug First Nation were each sentenced to six months in jail for contempt over their opposition to drilling for ...
http://www.thestar.com/printArticle/347199

Native leaders sentenced to jail in mining protest
Globe and Mail, Canada
The six people sentenced yesterday are from the Kitchenuhmaykoosib Inninuwug (also known as KI or Big Trout Lake) First Nation, about 600 km north of ...
http://www.theglobeandmail.com/servlet/story/RTGAM.20080318.wnatives18/BNStory/National/Ontario/

Aboriginal affairs minister 'won't give up' after chief jailed over mining dispute
Canadian Press
THUNDER BAY, Ont. — The Ontario government won't give up trying to find common ground between an exploration company and a remote northern Ontario First Nation despite the sentencing of an aboriginal chief and five other members to jail on contempt of court charges, Aboriginal Affairs Minister Michael Bryant said Monday.
http://canadianpress.google.com/article/ALeqM5iy_mElCpRTPXhMJN_ic9offGH18Q

Aboriginal activists sentenced over mining dispute
Vancouver Sun
THUNDER BAY, Ont. - An Ontario Superior Court judge has sent seven aboriginal protesters to jail for contempt of court after they ignored a court order to stay away from a disputed mining area in northwestern Ontario.
http://www.canada.com/vancouversun/news/story.html?id=b6b4f8d4-5f41-45e1-83fa-0a1c57bdb5f1&k=84924

Anishinabek supports Kitchenuhmaykoosib Inninuwug First Nation ...
Canada NewsWire (press release), Canada
... Kitchenuhmaykoosib Inninuwug and six council members to six months in prison for contempt of court. The councillors of the fly-in First Nation about 600 ...
http://www.newswire.ca/en/releases/archive/March2008/17/c4626.html

First Nations officials sentenced in dispute
Sudbury Star, Canada
Nishnawbe Grand Chief Stan Beardy said the sentencing is a message that the Ontario government is getting tough on First Nations. ...
http://www.thesudburystar.com/ArticleDisplay.aspx?e=947373

Six months in jail for KI band members
Thunder Bay's Source, Canada
Nishnawbe-Aski Nation Grand Chief Stan Beardy said he is shocked and can't believe the decision to send six members of KI First Nation, found guilty of ...
http://www.tbsource.com/localnews/index.asp?cid=105788

KI reps get 6 months for contempt
The Chronicle Journal, Canada
Nishnawbe Grand Chief Stan Beardy saw the sentencing as a message from the Ontario government that it‘s getting tough on FirstNations peoples. ...
http://www.chroniclejournal.com/stories_local.php?id=98463

Lawyer used to being underdog; Reid representing First Nations ...
The Kingston Whig-Standard, Canada
In Thunder Bay yesterday, Reid watched six members of the remote northwestern Ontario Kitchenuhmaykoosib Inninuwug (KI) First Nation, including its chief, ...
http://www.thewhig.com/ArticleDisplay.aspx?e=948067

KI reps get 6 months for contempt
Chronicle Journal
For their continued disobeyance and defiance of a court order, six members of Kitchenuhmaykoosib Inninuwug (KI) First Nation were sentenced Monday to six-month jail terms in Thunder Bay‘s Superior Court.
http://www.chroniclejournal.com/top_story.php?id=98463

Six months in jail for KI band members
TB Television
Six members of the Kitchenuhmaykoosib Inninunwug First Nation including chief Donny Morris were sentenced to six months in jail by Justice Patrick Smith Monday morning at the Superior Court of...
http://www.tbtv.com/News-Story.aspx?cid=105788
Video:
http://cdn.dayport.com/tbtvimg/htm/tbtvplayer_2004.htm?Art_ID=13602&tf=tbtviewer_2004.tpl

Chief jailed in mining dispute
Timmins Daily Press, Canada
Nishnawbe Grand Chief Stan Beardy said the sentencing is a message that the Ontario government is getting tough on First Nations. ...
http://www.timminspress.com/ArticleDisplay.aspx?e=947649