Hampton Continues to Press Dalton Gang

Hansard-Ontario Legislature april 23, 2008


Aboriginal rights

Mr. Howard Hampton: My question is to the Premier: Premier, yesterday Platinex Inc. announced that under the Ontario Mining Act, it has staked an additional 72,000 acres of crown land adjacent to Webequie First Nation, Marten Falls First Nation, Eabametoong First Nation, Neskantaga First Nation and Gull Bay First Nation.

The Premier will know that Platinex is the mining exploration company which sued Kitchenuhmaykoosib Inninuwug First Nation for $10 billion and played a role in the jailing of the Kitchenuhmaykoosib First Nation leadership.

My question: Why weren’t the First Nations I mentioned consulted and accommodated by the McGuinty government before Platinex was allowed to register these new mining claims?

Hon. Dalton McGuinty: Minister of Aboriginal Affairs.
Hon. Michael Bryant: I do want to address elements of the member’s question. I want to start by, Speaker, acknowledging, as you have, Grand Chief Angus Toulouse, regional chief for Ontario and grand chiefs, as well as chiefs from across the province and supporters of KI Chief Donny Morris and council.

There is obviously a particular culpability that rests with the government of the day when it comes to injustices endured, and sometimes conquered, by First Nations. I would say that while there are no elected angels here, I am certainly accountable for the state of affairs and I will say that we have and we will continue to work to see that chief and council are released from prison so that we can get on with finding a way to have chief and council and the entire KI community come to a resolution of this matter.

The Speaker (Hon. Steve Peters): Supplementary.
Mr. Howard Hampton: Speaker, forgive me, but I didn’t hear an answer to the question. What First Nations want to know, particularly the additional First Nations who now find they will have to deal with Platinex, is, did the McGuinty government fulfill its constitutional duty to consult and accommodate First Nations’ interests before Platinex was allowed to register these new mining claims?

I know why there was no answer. There was no answer because the McGuinty government failed again to do its constitutional duty to consult and accommodate First Nations.

But my next question is this: Has the minister notified the affected First Nations that their traditional lands have been staked and are now under the Ontario Mining Act, wide open for mining exploration by Platinex?

Hon. Michael Bryant: I’m going to answer the member’s question. I will say, however, that at some point, the specificity may require me to refer to the Minister of Northern Development and Mines. For now, I will say this: The Premier has already said that a change to the Mining Act is absolutely necessary. It is the case that the Ontario Superior Court found that the government of Ontario had, in fact, met its consultation requirements.

But it is my view and it is this government’s view that the minimum constitutional requirements as a government and as a policy, are simply just that, a minimum. The goal in every case has got to be to try and facilitate an agreement: an agreement so as to recognize the self determination of First Nations; an agreement as to recognize the necessity of, in this case, the economic opportunity for a First Nation; but at the end of the day, to try and achieve an agreement. Yes, we will pursue the constitutional minimums, of course. But the goal is to get an agreement.

Mr. Howard Hampton: This is bizarre. First Nation leader are in jail, the mining company which is at the centre of this has 72,000 additional acres of mining rights now, equivalent to more than half the area of the city of Toronto, and the McGuinty government seems to think that this is all proceeding. That all you have to do is get an agreement.

There are rights and interests here. I did not hear an answer to the second question: Have First Nations been notified? In fact, no, they haven’t. Because on that issue again, the McGuinty government is missing in action.

So, I ask this question: With First Nation leaders in jail simply because they tried to stand up and defend their aboriginal rights, with the mining company getting more mining exploration rights, can the McGuinty government tell us why they continue to put mining interests ahead of First Nation interests in Ontario?

Hon. Michael Bryant: I know that there are many First Nations leaders, chiefs, individuals supporters of First Nations and non-aboriginals descent who are here in support of KI chief and council. We oppose the incarceration of KI chief and council. With respect to their release from prison, as soon as the appeal was filed, which could only be filed by the parties, the Attorney General filed a motion to expedite the appeal and has already indicated that the crown will be taking the position of supporting the appeal so that they be released. We are taking steps to see that they are released. We did oppose their incarceration. I personally made every effort to try and facilitate a resolution, however imperfectly, that would have avoided that incarceration and I will continue to make these efforts to try and resolve the situation.

Aboriginal rights

Mr. Howard Hampton: To the Premier again, the leadership of KI beg to differ with the minister about the positions that the government of Ontario, the McGuinty government, has taken with respect to the incarceration of the leadership. The question I have for the Premier is—today, First Nations leaders, environmentalists and concerned Ontario citizens gathered here at Queen’s Park to voice their anger at the McGuinty government’s failure properly consult and accommodate the rights and interests of First Nations, in this case, the KI First Nation and Ardoch Algonquin First Nation, regarding mineral exploration on their traditional lands. My question is this: Why hasn’t the McGuinty government issued a stop order and removed the lands in question from mineral exploration and begun the consultation that you failed to do in the first place?

Hon. Dalton McGuinty: I think I owe it to the leadership present and the people who gathered on the front lawn some response before I refer further questions to my colleague.

Let me just say this to those present and those who have a direct interest in this. We have inherited here in this province an imperfect history when it comes to the relationship between government and our First Nations and aboriginal communities.

We have assumed responsibility hither to, not fully assumed, and certainly not as earnestly as we have. We have established a separate ministry; I have a new minister in place. We have established some wins, I would argue, in terms of dealing with the aftermath of the Ipperwash tragedy. We have arrived at a new conclusion to a gaming agreement. We’ve also inherited an imperfect system when it comes to how mining claims are dealt with in Ontario. We have to address that, but I don’t want the leadership to doubt one instance our determination to find a better way.

The Speaker (Hon. Steve Peters): Supplementary.
Mr. Howard Hampton: Premier, there’s one problem with everything you say. These issues didn’t crop up overnight. You’ve been the government now for almost five years and for over five years, people like myself and the member for Timmins–James Bay have been raising these issues. The McGuinty government has made announcement after announcement, but you failed to act. Yesterday, on Earth Day, you would have received a letter from many prominent Canadians, Margaret Atwood, Sarah Harmer, Cathy Jones, Stephen Lewis, among others, and the letter states: “We do not believe that mining should supersede the rights of people to protect their homes and their health.”

Premier, why has the McGuinty government failed to listen to those people? Why have you failed to listen to First Nation leaders who’ve asked you to make these changes over and over again? Why do we continue to see mining exploration companies getting more rights and more privileges, while First Nation leaders are in jail?

Hon. Dalton McGuinty: To the Minister of Aboriginal Affairs.
Hon. Michael Bryant: The discussion with respect to Mining Act changes is one that I have had with the Ipperwash commission implementation committee, which included and was asked for by grand chiefs and we talked about exactly that. We talked about exactly how that consultation would take place. I indicated on behalf of the government that, in fact, the discussion would not be the usual one, whereby the government gives, historically, over the past 100 years plus—The First Nations leader would be lucky to receive a heads-up as to what the government’s intentions were. Instead, what our approach is, is to collaborate from the beginning of this process to ensure that, in fact, First Nations leadership is very much a part of how we make these changes. We’ve made that commitment and we’re working together to achieve just that.

The Speaker (Hon. Steve Peters): Final supplementary.
Mr. Howard Hampton: Once again, there is a glaring problem with what the minister said. You showed up in Kitchenuhmaykoosib Inninuwug with a document that you had drafted; you put it down on the table and you basically said to the leadership of Kitchenuhmaykoosib Inninuwug, “Sign here.” There was no consultation. Chief Donny Morris is very clear: It was unilateral, “Sign here and there shall be mining exploration in your traditional territory.” Now, both KI First Nation and Ardoch First Nation have asked the McGuinty government to establish a joint panel to deal with the issue of mineral exploration and mineral development on their traditional lands. The letter to the Premier yesterday, from Margaret Atwood and others, requests the same joint panel.

Can the Premier tell us: Why has the McGuinty government refused to establish the joint panel requested by the First Nations?

The Speaker (Hon. Steve Peters): Minister?
Hon. Michael Bryant: Firstly, the member is mistaken if he suggests that in my first visit up there with Grand Chief Beardy, I put any document onto the table. In fact, on the contrary, I received a proposal from KI chief and council and I listened, and at the end of that, I suggested that we could find agreement, I knew, on a number of points.

Secondly, with respect to a joint panel and entering into consultations, I just said that’s exactly what we’re doing right now. I want to be very clear: This government is engaged in consultation with First Nations leadership when it comes to changes to the Mining Act. Secondly, all efforts were made first to listen and then to, in fact, try and come to an agreement with Chief Morris and council. That’s why he said on May 5 that he appreciated the government’s efforts and the three times that I went up there, and the countless phone calls and letters that were exchanged—imperfectly, I recognize. However, we have and we will continue to try and achieve a resolution.