for libel.
http://www.mineweb.com/mineweb/view/mineweb/en/page66?
oid=49604&sn=Detail
ONTARIO GOVT. FIRST NATIONS CRACKDOWN?
Platinex exploration drilling land battle sends KI band members to jail
A dispute between the Ontario Provincial Government and junior
explorationist Platinex and a remote Ontario First Nations band has
escalated into contempt charges and jail time with no resolution on the
horizon.
Author: Dorothy Kosich
Posted: Wednesday , 19 Mar 2008
RENO, NV -
A dispute over a small exploration company drilling program near
Thunder Bay has escalated into tense confrontations, a jail sentence
for the six members and leaders of a small Ontario First Nation band,
and necessitated the recent intervention of Ontario's provincial
government.
On Monday, six members of the Kitchenuhmayboosib Inniuwug (KI) First
Nation-including Chief Doony Morris and Deputy Chief Jack MacKay-were
sentenced to six months in jail after ignoring a court injunction which
allowed junior exploration company Platinex to start drilling on what
the KI band says is traditional territory.
In an e-mail to Mineweb Tuesday, James Trusler, President and CEO of
Platinex, said his small exploration company, which is operating out of
his basement, "has been overwhelmed by the massive media campaign run
by a vast network of First Nations and eco activist groups."
"We say that KI blockaded the winter road, sabotaged our air strip.
Threatened our men with being cut off from access and egress in minus
40 degree weather and issued death threats," he said.
And, finally, the one party which should have been involved in the
negotiation process-the Province of Ontario-announced Monday that it
has made an offer to resolve the conflict.
In his ruling filed Monday, Justice G.P. Smith of Ontario's Superior
Court of Justice said, "This case highlights the clash of very two
different perspectives and cultures in a struggle over one of Canada's
last remaining frontiers. On the one hand, there is the desire for the
economic development of the rich resources located on a cast tract of
pristine land in a remote portion of Northwestern Ontario. Resisting
this development is an Aboriginal community righting to safeguard and
preserve its traditional land, culture, way of life and core beliefs.
Each party seeks to protect these interests through an order for
injunctive relief."
Platinex hold 221 unpatented mining claims and 81 mining leases
covering 12,880 acres of the Nemeigusabins Lake Arm of the Big Trout
Lake, 580 kilometers north of the city of Thunder Bay. Platinex has
been trying to carry out test drilling for platinum and other miners
since early 2006. However, the KI First Nation has prevented the
company from moving drilling equipment on the property.
KI, formerly known as Big Trout Lake First Nation, is an Ojibwa/Cree
First Nation band living at a reserve on Big Trout Lake.
The property Platinex is exploring, covering 19 square kilometers on
the Nemeigusabins Lake Arm of Big Trout Lake, is located on KI's
traditional lands, encompassing 23,000 square kilometers.
Platinex, which Trusler told Mineweb had spent Cdn$5 million on what
they believe is a major chromium deposit, notified the KI band of their
drilling timetable. When the geologists and drillers flew into the
area, tribal officials prevented them from entering the airport
building, threatening to arrest the explorationists for trespassing.
Platinex then took the KI band to court. "Up to this time there had
been over 200 meetings, phone calls, faxes and emails between the
parties, which from our position, is more than adequate consultation,"
Trusler said. Justice Smith told KI to form a committee to take part in
the discussion with the Ontario Government and Platinex.
However, the parties could not reach agreement on a protocol. Justice
Smith ruled Platinex should have access to the exploration lands, but
should continue to work towards development a Consultation Protocol and
MOU to guide their relationship. By October 25, 2007, KI told the
justice that their legal bills were so steep they could not afford to
continue to participate in the court case.
Justice Smith said he considered the 'public and open declaration" by
the KI members "that the order of this court or of any court will not
be respected or obeyed if it allows the exploration or drilling on its
traditional land" to be the "most significant aggravating factor to be
considered in the cases before the court."
"It is this public and open defiance of the rule of law and order of
this court that is the most disturbing aspect of this case and which
comes perilously close to criminal contempt. I find that incarceration
is the only appropriate sanction. All contemnors lack the ability to
pay a fine," the court ruled.
On Monday, the Ontario Government said it has offered to pay $200,000
to KI for their legal fees and has "secured numerous concession from
Platinex, Inc., which has offered KI training, guaranteed jobs and
share in any mining revenue, plus restrictions on when and how any
exploration takes place."
Aboriginal Affairs Minister Michael Bryant said, "I certainly feel as
if the government did its best to avoid incarceration. ...But I don't
think we should be afraid to insert ourselves to try and facilitate
simply because the result might not be exactly what we want. There is
no way to succeed without trying. I tried and I'm going to keep on
trying."
Nishnawbe Grand Chief Stan Beardy told the news media that "what is
happening here is we've been criminalized for practicing our way of
living. The government wants to make an example of us."
Beardy told the news media that more community members and leaders are
willing to be incarcerated as well.
Ontario New Democratic Party Leader Howard Hampton blamed the court
decision on Premier Dalton McGuinty government's "complete and utter
failure" to consult aboriginal communities about mineral exploration."
