Star Editorial First Nations vs Mining Act

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> EDITORIAL  http://www.thestar.com/article/431246
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> First Nations vs. Mining Act  
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> May 27, 2008 04:30 AM
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> Where it should be seen as an opportunity with significant benefits
> for all concerned, it is a contentious and highly divisive issue,
> pitting First Nations in Ontario against those who could give them a
> stronger foothold in the mainstream economy, with its wealth and jobs.
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> At issue is mining on lands First Nations claim as their own.
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> Commodity prices are making mining one of the few bright spots in the
> Ontario economy. But exploration activity is governed by the outdated
> Mining Act (written in 1873), which gives the companies sway over
> aboriginal turf, including Crown lands that are subject to land claims
> or the traditional hunting and fishing territory of First Nations.
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> Regardless of who owns the land, the Mining Act allows the mining
> industry to search for minerals and lay claim to whatever it finds.
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> First Nations leaders who have protested such drilling, sanctioned by
> this 135-year-old law, have been thrown in jail. Talks between the
> provincial government and First Nations over the sharing of resource
> revenues have been suspended.
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> Premier Dalton McGuinty has told First Nations that his government is
> determined "to find a better way." Government sources say a major
> consultation on a new Mining Act is about to be launched. But the lack
> of any sign of progress to date has prompted First Nations protesters
> to begin a four-day encampment at Queen's Park to draw public
> attention to the issue.
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> The direction that reform of the Mining Act should take ought to be
> fairly clear, however. Negotiations between First Nations and mining
> companies should precede efforts by the miners to stake and develop
> their claims. First Nations should have a say at the outset on the
> sharing of the spoils, on environmental controls, and on jobs.
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> Would the First Nations have an absolute veto over mining? That is the
> vexing question facing the province, one that ought to be aired in the
> coming consultations. Some say a veto would effectively end new mining
> ventures in Ontario. But others argue that, because economic
> development is ultimately in the interests of the First Nations
> themselves, deals would be struck and mining would continue.
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> It can also be argued that the First Nations have an effective veto
> right now because they can always engage in civil disobedience to
> bring mining to a halt.
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> What is needed, then, is a new set of rules that everyone agrees to
> abide by and allows mining to proceed with First Nations receiving
> their fair share in revenues and jobs.
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