Thursday, April 10, 2008

Latest Hampton V. Bryant Cage Match-Why Didn't Ontario Intervene on Side of KI?

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> Hansard April 10, 2006
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> Mr. Howard Hampton: My question for the Deputy Premier is this: Last
> night in your constituency, 500 people came together to protest the
> actions of the McGuinty government. Some of these 500 people were
> environmentalists, some of them represented human rights organizations
> and some of them aboriginal chiefs, who all stated their opposition to
> the jailing of First Nation leaders from Kitchenuhmaykoosib Inninuwug
> First Nation and from Ardoch First Nation, and they spoke with one
> voice. They want to see the immediate release of those First Nation
> leaders. Is the McGuinty government prepared to commit today to
> supporting the immediate and unconditional release of those jailed
> First Nations leaders?
>
> Hon. George Smitherman: To the Minister of Aboriginal Affairs.
> Hon. Michael Bryant: I've said it before, and I'll say it again, that
> the crown opposed incarceration at the time in which the court heard
> submissions on whether or not Chief Donny Morris and council ought to
> be incarcerated as a sentence that was part of a contempt motion. I've
> said before, and the Attorney General has made it very clear, that
> supporting the appeal is entirely consistent with that position.
> That's why we are certainly hoping that all the necessary materials be
> filed by the parties that they need to file in order to bring this
> appeal forward so that the Attorney General can file the materials to
> indicate in fact that we support the appeal. So the answer, I say yet
> again, is yes, we support the appeal and, no, we never supported
> incarceration.
>
> Mr. Howard Hampton: One of the other positions that was raised by the
> national chief, Phil Fontaine, the former national chief Ovide
> Mercredi and many of the environmental and social justice
> organizations, is that the Mining Act in Ontario must be rewritten to
> bring it into accord with the constitutional decisions of the Supreme
> Court of Canada; that no mining opportunities, mineral exploration
> opportunities, should be granted unless and until the government of
> Ontario has consulted and accommodated those First Nation rights and
> interests that may be at stake.
>
> Is the McGuinty government prepared to do the right thing and amend
> the Mining Act so that more First Nation leaders are not jailed as a
> result of your wrong-headed legislation?
>
> The Speaker (Hon. Steve Peters): I just ask the member, can you please
> relate how that supplementary related to your initial question?
>
> Mr. Howard Hampton: It's about the jailing of First Nation leaders.
> Those First Nation leaders were jailed as a result of a mining permit—
>
> The Speaker (Hon. Steve Peters): Minister of Aboriginal Affairs.
> Hon. Michael Bryant: Well, as the member knows, the government has
> already committed to amending the Mining Act. The Mining Act, by the
> way, that has been in place for decades and decades and decades. A
> Mining Act that the member, when he was the Attorney General, had an
> opportunity to amend, but he didn't. The government has indicated,
> obviously, that we will, as a government, collaborate fully in terms
> of the consultation and drafting when it comes to ensuring that we do
> make changes to the Mining Act.
>
> I remind the member as well that in fact, in a number of regions of
> the province, First Nations have entered into agreements with mining
> companies which involved significant consultation, involved agreements
> and memorandums of understanding and in some cases, received support
> of 85% of the community from ratification votes. I wouldn't want the
> member to pretend that—In fact, First Nations are entering into
> agreements for the benefit of their community in order to create jobs
> and create prosperity in those communities.
>
> The Speaker (Hon. Steve Peters): Final supplementary.
> Mr. Howard Hampton: The question is this: A mining permit was granted
> and mining rights were granted to this company, Platinex, by the
> McGuinty government. There was no consultation and accommodation of
> the First Nation, before those mining opportunities were granted. That
> is what resulted, ultimately, in the jailing of the First Nation
> leadership: because they expressed opposition to this, as I think many
> other people are expressing opposition. The question is not about what
> this particular First Nation or that particular First Nation may want
> to do under particular circumstances; it is about bringing the Mining
> Act, mining legislation and mining regulations into accord with the
> most recent decisions of the Supreme Court of Canada.
>
> So I'm left to ask: When is the McGuinty government going to amend the
> Mining Act and the regulations thereunder so that no longer will we
> see First Nations leaders being jailed because they express opposition
> to these things?
>
> Hon. Michael Bryant: Again, I remind the member that he had an
> opportunity to amend it for five years and he didn't do it. I should
> also, with respect to national chief Phil Fontaine, who is obviously
> showing extraordinary leadership on this issue and many issues—He said
> that in fact, he was encouraged by his meeting with the government of
> Ontario in terms of our solidarity around the fact that contrary to
> what the member suggests, the jailing of First Nation chief and
> council was not something that ought to have happened. I say to the
> member: Of course, we need to amend the Mining Act, but the member
> surely doesn't want this government to slam down unilaterally a mining
> act that hasn't been the result of significant collaboration and
> consultation with First Nations.
>
> You can't have it both ways, I say to the member. We're going to
> consult with First Nations. We're going to make sure that a bill is
> tabled before this House that amends the Mining Act and we'll do
> something that that government—
>
> The Speaker (Hon. Steve Peters): New question. The member from
> Burlington.