First Nations concerned about government's attempt to modernize Ontario’s Mining Act
NAN press release
NAN statement on Mining Act amendment bill
THUNDER BAY, ON, April 30 /CNW/ - Nishnawbe Aski Nation (NAN) Grand Chief Stan Beardy acknowledges the attempts the Government of Ontario has made to address First Nations concerns over mining in the Mining Act amendment bill introduced by the Government of Ontario today, but is very concerned that the legislation might not fully recognize the rights of First Nations to decide on mining in NAN territory.
"Our primary concern is that NAN First Nations must have free, prior and informed consent before any activity can take place in their homelands," said Nishnawbe Aski Nation (NAN) Grand Chief Stan Beardy. "That's the standard expressed in Article 32 of the United Nations Declaration on the Rights of Indigenous Peoples, and that's the standard we expect Ontario to meet."
Some key areas NAN First Nations want addressed in the amended legislation include:
1. Free Prior Informed Consent - No prospecting, staking, exploration or mine development will proceed without a written agreement in place, at the discretion of the First Nation.
2. Participation in Regulations - All regulations under the new Act must be made in consultation with First Nations in a government-to-government relationship.
3. Spirit and Intent of the Treaties (No. 9 and No. 5) - These agreements to live and work together will be recognized by any person exercising authority under the Act.
4. Environmental Standards - The land, water, air and all living things must be protected - by the highest environmental standards with all exploration and development projects subject to the scrutiny of environmental assessments.
5. Dispute Resolution - An independent dispute resolution mechanism involving NAN Nation communities that respects the values and laws of First Nations people.
6. Funding and Capacity - A firm commitment to funding and technical resources to engage and respond to the project assessment process.
7. Land Use Planning - An assurance that new legislation does not pre-empt the current process, that land use plans take precedence over mining rights, and clear indication that land use plans will be respected, and will not be trumped by mining tenure.
8. Map Staking and Land Designations - A commitment that consultation and accommodation obligations will be met and that capacity and technology will be provided to First Nations who want to participate.
NAN has requested a commitment from the Government of Ontario to a process that will see more meaningful participation by First Nations during the regulation and policy stages; detailed work that will be conducted following the implementation of the Mining Act amendment bill.
"The Government of Ontario did not allow enough time to conduct meaningful consultation with NAN First Nations in the development of this legislation," said Beardy. "We will continue to insist upon a mechanism through which NAN First Nations will be consulted and will have meaningful input into the decision-making process."
"We have a sacred responsibility to future generations to secure the protection of our homelands, which has been the basis of the survival of the people of Nishnawbe Aski for generations," said Beardy. "It is critical that any development of natural resources in the Far North must respect Aboriginal and treaty rights while supporting an environmentally sustainable economic future for our people."
Nishnawbe Aski Nation is a political territorial organization representing 49 First Nation communities in James Bay Treaty 9 and Ontario portions of Treaty 5 - an area covering two thirds of the province of Ontario.
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Matawa press release
April 30, 2009
Ontario has ignored input from First Nation consultation process: a Matawa First Nations response to the proposed legislation to modernize Ontario’s Mining Act.
Thunder Bay, ON: In response to the proposed legislation to modernize Ontario’s Mining Act, as introduced by the Ministry of Northern Development and Mines today, Matawa First Nations are gravely disappointed that the proposed legislation has not sufficiently considered the input provided by the Matawa people during Ontario’s consultation process.
Chief Sol Atlookan, spokesperson for Matawa First Nations, said:
"If the Government is serious about improving Ontario’s Mining Act to be more respectful of Aboriginal people, they must take our input seriously and specifically regarding the fundamental issues of Duty to Consult and advance consent.
During the consultation process, the Matawa First Nations people made it overwhelming clear to Ontario that any act of exploration, staking or mining activity on First Nation traditional lands without consent is intrusive of First Nation’s Treaty Rights and that consent from the community must be sought prior to the start of any activity. Our people stated time and again that they are willing to work together and build productive relationships with the mining industry, provided that they are duly informed of potential activities in advance of staking.
Today’s proposed legislation introduces no changes to enforce the Duty to Consult at the community level, to ensure that industry has community consent prior to engaging in staking activities or to set in place appropriate working protocols and structures. Our major concerns specifically related to the proposed approach from Ontario include:
- What is the purpose of notifying our communities immediately after a stake is claimed, what constitutes notification and who decides if the notification was sufficient?
- What is and who decides what constitutes ‘significant’ exploration activities within traditional lands?
- Where are the provisions for accommodating First Nations in terms of economic development and resource revenue sharing opportunities?
- Where is the requirement for industry to enter into Impact and Benefit Agreements if the project moves to the advanced stage?
- Approved community-based land use plans should be required all over Ontario in all parts of Ontario, not just the “Far North”.
Matawa First Nation community members respectfully requested that consultation from industry should take place in the community and at the community level and that consent from the community has to be the major priority before any claim staking takes place. Once again, the voices of our First Nations people have been shockingly ignored. We are also concerned that the legislative review process will not allow for any meaningful changes to the legislation. As far as our communities are concerned, we have wasted all our time and resources with this process to be at business as usual after today’s announcement.”
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QUICK FACTS
- Matawa First Nations are nine Northern Ontario First Nations located within Treaty 9 territory.
- The First Nations represented include: Aroland, Constance Lake, Eabametoong, Ginoogaming, Long Lake #58, Marten Falls, Neskantaga, Nibinamik, and Webequie First Nations.
- There are a number of areas of interest to mineral developers in the region including one of the hottest exploration plays in the province, the McFaulds Lake area, in which over 40 companies are investigating significant nickel-copper, copper-zinc and chromium deposits.
Media Contact:
Stephanie Ash
Communications Officer
Tel: 767-4443 ext: 222
Email: stephanie@firedogpr.com
Chief Sol Atlookan
Tel: 807 242-7221