KI Proposal To Ontario Government

January 17, 2008

Hon. Michael Bryant
Minister of Aboriginal of Aboriginal Affairs
Legislative Building
Queen's Park
Toronto ON
M7A 1A1 Fax: (416) 325-3745


Dear Mr. Bryant:

We welcome you to our community and hope that your visit marks the beginning of a new relationship between our people and the government of Ontario, based on mutual respect and trust.

Our community has been severely damaged by the decision by Ontario’s Ministry of Northern Development and Mines to register mineral claims and authorize exploration drilling in our territory without our consent and without any consultation with us. This fateful decision, which was based on the free entry system embodied in Ontario’s Mining Act, has resulted in bitter conflict pitting our community against the combined forces of the mining industry and the government of Ontario.

On December 7, 2007, our community’s leaders were found to be in contempt of Mr. Justice Smith’s October 25, 2007 order which prohibits us from obstructing Platinex’s drilling program. We have advised the court that we cannot and will not comply with that injunction. Platinex seeks to jail our leaders and supporters and bankrupt our community. On January 25, 2008 our people will again appear in the Ontario Superior Court to learn their fate. We are prepared to go to jail in defence of our land.

Last week a delegation of KI leaders met with our brothers and sisters from the Ardoch Algonquin First Nation who are faced with a situation very similar to ours. Like us, they found their land staked and exploratory drilling approved without any consultation. Like us, they are faced with an injunction which they cannot obey and could soon see their leaders jailed and their community bankrupted by contempt of court sanctions which will only inflame an already tense situation.

On January 11, 2007 the Ardoch Algonquins sent an open letter to Premier McGuinty. With respect to the use of injunctions and penalties to resolve disputes such as these the Ardoch letter said the following:

In the final report on the Ipperwash Inquiry, Commissioner Linden noted, “the single biggest source of frustration, distrust, and ill-feeling among aboriginal people in Ontario is our [the Provincial Government’s] failure to deal in a just and expeditious way with breaches of treaty and other legal obligations to First Nations”. As a particular recommendation, Commissioner Linden suggested, “the Provincial Government should promote respect and understanding for the duty to consult within relevant provincial authorities”, which would include the Ministry of Northern Development and Mines.

Commissioner Linden was also of the view that, where Aboriginal rights are at issue, judicial processes such as injunctions are not appropriate or desirable, and should be used only as a last resort. He was further of the view that Ontario must take the initiative in meeting its obligation to ensure that meaningful, good-faith efforts are made to accommodate the interests of Aboriginal peoples and to respect our rights in the course of managing natural resource development. The Supreme Court of Canada in cases such as Delgamuukw, Haida, and Mikisew, has consistently upheld Constitutional recognition of Aboriginal rights and title and encouraged governments to resolve conflicting claims through negotiation, not through the courts.

We wholeheartedly agree with our friends’ observations regarding the comments and recommendations made by Commissioner Linden and the Supreme Court of Canada. We also agree with the creative proposal made by our allies for establishing a process to peacefully resolve the dispute between First Nations and Ontario relating to mineral exploration on our lands. We are prepared to work within the following framework to end the current conflict between KI and Ontario:

Kitchenuhmaykoosib Inninuwug will suspend our occupation of the disputed area for the duration of this agreement. In return, Ontario will agree to a moratorium on exploration and mining in the disputed area, and take all reasonable steps to ensure that contempt of court proceedings by Platinex against our people are withdrawn. We also propose that Ontario indemnify all peaceful protesters for liability for actions up to time of this agreement.

During the moratorium a Joint Panel will investigate issues relating to mineral exploration and mining within our traditional territory. The panel will make recommendations to Ontario and KI concerning the future of the moratorium, the reform of Ontario’s Mining Act in order to prevent similar conflicts in the future, and other related issues.

The Joint Panel will be comprised of 5 members: one appointed by AAFN, one by KI, and two appointed by Ontario, one of whom would be appointed by yourself and the other appointed by the office of the Premier. A Chairperson would be the 5th member of the panel. The Chair would be chosen on the basis of his/her qualifications to address technical, environmental and socio-economic issues, as well as the rights, perspectives and concerns of First Nations.

Ontario and KI will negotiate an interim measures agreement, including land withdrawals and joint decision-making on resource extraction within KI’s territory.

In addition to having the support of our First Nations allies, this proposal to end the conflict between our people and Ontario is supported by Mining Watch Canada, Forest Ethics, Wildlands League, Canadian Parks and Wilderness Society, Rainforest Action Network, Christian Peacemaker Teams, Greenpeace, as well as several other First Nations engaged in similar conflicts resulting from the free entry system embodied in Ontario’s Mining Act.

We are looking forward to your positive response to these suggestions and to building a new relationship with the government of Ontario.


Yours truly,





Chief Donny Morris


cc: Premier Dalton McGuinty
Michael Gravelle, Minister, Northern Development and Mines
Stan Beardy, NAN Grand Chief