3 Steps McGuinty Refuses to Take; Respect the Right to Say No, Environmental Assessment of Mining Exploration and Land Use Planning

Mining trumps all land uses TheStar.com - comment - Mining trumps all land uses
May 31, 2008

Re:First Nations vs. Mining Act

Editorial, May 27

What was observed by the justices in the Court of Appeal this week in Toronto is that right now it is the mineral exploration companies that win the injunctions and that have the veto while First Nations people are sent to jail. At the appeal of the sentences of the KI Six and Bob Lovelace, the Ontario government made it clear that the Mining Act (as it is) must prevail. It still sought sanctions against the communities of Kitchenuhmaykoosib Inninuwug and Ardoch Algonquins for peacefully opposing mineral exploration on their traditional lands.

One of the justices asked the lawyer representing Ontario what the sentence usually is for a first time offence in an aboriginal or environmental protest. After a bit of shuffling, the lawyer replied, "a couple of weeks." The KI Six and Lovelace were sentenced to six months in jail and Lovelace and his community were also slapped with tens of thousands of dollars in fines.

After a full day of submissions, the court ordered Lovelace and the KI Six released immediately and stayed the sentences, including fines. This is a partial victory, however, because mining still trumps all other land uses.

The Act must be reformed so that our environment can be protected and so that the right of aboriginal people, cottage owners and other landowners to say no to mineral exploration and mining is enshrined. It must include a planning process to protect all values of the land before mineral tenure is handed out.

Anna Baggio, Director, Conservation Land Use Planning, CPAWS Wildlands League, Toronto