Mr. Howard Hampton: A question to the Premier: Tomorrow, Chief Donny
Morris and five other members of the Kitchenuhmaykoosib Inninuwug First
Nation are at the Ontario Court of Appeal appealing a six-month jail
sentence. Why? Because the McGuinty government failed to properly
consult and accommodate them before mining exploration rights were
permitted on their traditional territory.
Instead of sending the Kitchenuhmaykoosib Inninuwug First Nation
members back to jail for protecting their traditional lands, will the
Premier announce today that the mining rights are being withdrawn from
the disputed KI traditional lands until a resolution of the issue is
reached?
Hon. Dalton McGuinty: Let me say at the outset that I strongly take
issue with the interpretation of the facts provided by my colleague
opposite. This is a matter that was before the courts. My colleague
knows we opposed jail time. We moved as quickly as we could to
accelerate the release of these individuals, pending the outcome of the
appeal. We've also indicated that we are certainly strongly encouraging
the private sector to consult with our First Nations, our aboriginal
communities, before they move ahead with a claim. At the same time, we
are conducting a pretty comprehensive review of the Mining Act and the
claim-staking process which we've inherited. My friend knows that. I
just wish that from time to time he would admit that.
Mr. Howard Hampton: Premier, I spoke this morning with the lawyer for
Chief Donny Morris, who says that your government has done nothing to
facilitate the release of Donny Morris and the Kitchenuhmaykoosib
Inninuwug leadership. Further, Premier, you've been promising a review
of the Mining Act for five years and nothing has happened.
The reality is, your Minister of Mines can temporarily withdraw the
mining rights on the disputed Kitchenuhmaykoosib Inninuwug lands
immediately, under section 35 of the Mining Act. No order in council is
required, no review of the Mining Act is required, just a letter
written by the Minister of Mines to the mining recorder. That's it.
That's all it takes.
My question: Will the Premier instruct his Minister of Mines to write
that letter to the mining recorder today, or does the McGuinty
government want to see the KI leadership sent back to jail?
Hon. Dalton McGuinty: I can't let that stand. The leader of the NDP
understands that this is a matter before the courts. At the end of the
day, a judge, an impartial tribunal, has got to make the call on these
kinds of things.
I want to make it clear again that our position was that these
individuals should not be incarcerated. We did not think it warranted
jail time. We did move to secure their release at the earliest possible
opportunity. We're also moving as quickly as we can to conduct a pretty
comprehensive review of a Mining Act that's been in place in Ontario
since 1873. In the interim, we are encouraging private sector mining
operators to work with our aboriginal communities, with our First
Nations, and ensure that they're providing them with the proper
consultation, involving them in the process.
It would be possible for Ontarians to conclude that our aboriginal
communities are not interested in any kind of mining, but the
overwhelming majority are interested in mining. They just want to find
a way to participate in that so they can share in some of the revenues.
Mr. Howard Hampton: It sometimes borders on the incredulous to listen
to the McGuinty government. They blame the mining company. They blame
other interests. The fact of the matter is that the McGuinty government
could end this dispute today. You could have ended this dispute a year
ago. All it takes is a letter from the Minister of Mines to the mining
recorder, under section 35 of the Mining Act, saying, "These lands
which are in dispute are hereby withdrawn from mining exploration and
mining development." You know what? The McGuinty government that
lectures and preaches-
Interjection.
The Speaker (Hon. Steve Peters): Stop the clock. I would just remind
all of our guests who are here that you're more than welcome to observe
the debate, but not to participate in the debate by applause or any
other form. Thank you.
Mr. Howard Hampton: The McGuinty government that lectures and preaches
refuses to do that. The First Nation has made it very clear: They are
not going to allow mining exploration and development on their
traditional lands. Premier, you can resolve this issue today. Simply
withdraw it from further mining claim, mining exploration. Will you do
that?
Hon. Dalton McGuinty: To the Minister of Natural Resources.
The Speaker (Hon. Steve Peters): The Minister of Natural Resources?
Hon. Dalton McGuinty: Northern Development.
The Speaker (Hon. Steve Peters): The Minister of Northern Development
and Mines.
Hon. Michael Gravelle: As the leader of the third party knows full
well, we made the commitment to review the Mining Act last year, not
five years ago. It's one that we take incredibly seriously, as we take
our duty to consult very seriously. Again, I would think the leader of
the third party would understand that taking any unilateral action to
change the Mining Act would not be supported by many people, including
himself, and I would think also our First Nation partners.
We feel it's extraordinarily important to go through this review of the
Mining Act in a comprehensive way, as the Premier has said, and then
indeed to enter into appropriate consultations. We think that's
incredibly important. There are so many great opportunities that are
there. We recognize the challenges, so this review of the Mining Act is
one we take very seriously, as we take our duty to consult very, very
seriously. Indeed, we look forward to moving forward as quickly as we
can on the Mining Act review.
