Monday, July 14, 2008

Ontario's Announcement on Protection/Mining Reform

Framing. Headline is all about forest protection.The 50% protection target( and it is only a target to be achieved 2 elections or so from now.) is direct from ENGO community( 50 % goes back to ecological biologist Michael Soule[google him]).

Appears to be primarily an environmental announcement.Political audience is the ENGO community and S. Ontario supporters and secondarily a recognition that achieving these protection goals will require First Nation buy in/and or consent via land use planning and on accommodation( read deals ) at the early exploration stage.
Significant that the announcement was made in Toronto and not on Premier's northern Ontario road show.

Announcement made by McGuinty and not Bryant, Gravelle or Cansfield. King has decided.Bryant and co will now act on King's wishes.



Questions.

1. Did anyone in First Nations leadership have a heads up or role in the announcement? Appears Not.
2. What will Ontario's role be in consultation and accommodation at the early exploration stage?
3.Who will fund consultation and accommodation talks?Industry in a user pays model?
4.Say communities 1-7 undertake planning and protect only 20%.Will other communities have to protect more than 50% to get to the 50% target?Or will 50% be imposed on an area and planning will be about how to get to the 50% goal?
5.What happens as in Platinex vs KI case when consultation and accommodation talks break down?Who will be the referee? Courts?Jails?


Postives.No new mines without First Nation consent[call them the De Beers principles].Hearing compulsory revenue sharing of new mines with First Nations. Consent means an impact and benefit agreement with company.

Weak positives. Compulsory consultation and accommodation in early exploration satge .I hear post staking. The First Nation demand is right to say no. Or free, prior( read prior to creating legal interest via staking or impacts via airborne surveys pre-staking), informed consent.Revenue sharing may be easy for Ontario if the pie to shared is only corporate pie and not government pie.

King McGuinty had guts to make the announcement. Shows leadership, even if I disagree with hsi methods.Profs to him.
Likely McGuinty expects some negative comment from mining( although they will like the certainty) and first nation folks which will affirm that he pissed both off and therefore made the right decision.

Finally Mining Act review has a start date.

Negatives. No prior agreement by Chiefs to overall protection goal, not to mention cultural gap on understandings re definition of a park.First Nations often see Parks as some kind of European fantasy not in accord with their land ethic.
No First nation right to say no, just right to consult and accommodate.
No respect/recognition for community moratoriums.
Leaves Northern Table with NAN bypassed.

This is a long road.The devil really will be in details.