Sunday, August 31, 2008

Media on Mining Act RdShow, Lovelace Confident Supreme Ct Will Vindicate Decision

Mining Act

August 29, 2008

THE PROVINCIAL MINISTRY OF NORTHERN DEVELOPMENT AND MINING WAS IN KINGSTON LAST NIGHT TO DISCUSS POSSIBLE UPDATES TO ONTARIO'S MINING ACT.

IT IS THE FOURTH STOP ON A FIVE CITY TOUR.

PROTESTORS CONCERNED ABOUT URANIUM EXPLORATION WERE ALSO THERE.

NEWSWATCH'S DARRYN DAVIS REPORTS.

ONTARIO'S MINING ACT IS OVER ONE HUNDRED YEARS OLD AND IN THE OPINION OF THE PROVINCIAL GOVERNMENT IT'S TIME TO UPDATE AN OUTDATED SYSTEM.

A LARGE GROUP OF RESIDENTS FROM SHARBOT LAKE ALONG WITH MEMBERS OF THE ARDOCH ALGONQUINS FIRST NATIONS GATHERED AT OUTSIDE THE RADISSON HOTEL WHERE PUBLIC CONSULTATIONS ON THE MINING ACT ARE BEING HELD.

THEY'RE PROTESTING URANIUM EXPLORATION THAT'S OCCURRING IN THEIR AREA.

BOB LOVELACE SPENT OVER THREE MONTHS IN JAIL FOR PROTESTING WHERE FRONTENAC VENTURES IS EXPLORING FOR URANIUM ON LAND THE ARDOCH ALGONQUINS HAVE AN UNSETTLED LAND DISPUTE ON.

THE MINING EXPLORATION COMPANY IS NOW APPEALING THE DECISION THAT SAW LOVELACE RELEASED FROM PRISON.

BOB LOVELACE

"FRANKLY WE'RE ACTUALLY PLEASED THAT IT'S GOING TO THE SUPREME COURT BECAUSE THE APPELLANT COURT DECISIONS WERE SOUND AND THEY REMINDED PEOPLE THAT PUBLIC DECENT AND ABORIGINAL LAW IS A PART OF CANADA AND A PART OF THIS DEMOCRACY."

PROTESTORS SAY THEY WOULD LIKE TO SEE A MORATORIUM ON URANIUM MINING AND EXPLORATION.

WHILE THAT DOESN'T SEEM LIKELY REPRESENTATIVES OF THE MINISTRY OF NORTHERN DEVELOPMENT AND MINING SAY THEY ARE LOOKING FOR AS MUCH PUBLIC INPUT AS THEY CAN GET AT THEIR PUBLIC CONSULTATION MEETING.

KATHY NOSSICH

"THE MINING ACT DOES NOT DIFFERENTIATE BETWEEN THE TYPES OF MINERALS FOR THE PURPOSE OF EXPLORATION SO IF PEOPLE HAVE CONCERNS ABOUT URANIUM EXPLORATION INCLUDING ENVIRONMENTAL CONCERNS THEN WE WELCOME HEARING THOSE CONCERNS."

BUT WILL EXPRESSING THOSE CONCERNS AT THE MEETING HAVE ANY EFFECT?

ROB MATHESON A KINGSTON CITY COUNCILLOR RECENTLY MET WITH THE MINISTER FOR NORTHERN DEVELOPMENT AND MINING AT A MEETING OF THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO.

ROB MATHESON

"THE PROVINCE IS GOING AHEAD WITH THEIR NUCLEAR AGENDA SO TO SPEAK AT THIS POINT WHICH I CERTAINLY HOPE THEY'LL RECONSIDER, GIVEN THE AVAILABLE RENEWABLES AVAILABLE THAT WE KNOW CAN WORK THAT IT WOULD BASICALLY BE HYPOCRITICAL TO PUT A MORATORIUM ON URANIUM MINING AT THIS POINT."

THE RESULTS OF OF THE PUBLIC CONSULTATIONS WILL BECOME MORE CLEAR IN DECEMBER, WHEN THE GOVERNMENT IS EXPECTED TO TABLE IT'S MODERNIZED MINING ACT.

DARRYN DAVIS CKWS NEWXSWATCH KINGSTON.

Wednesday, August 27, 2008

Frontenac Applies for Leave to Appeal in S.Ct.

wonders never cease, wonder who is financing this? Where there is a
junior there is a major in the background.

Proverbs 10:7

The memory of the righteous is a blessing,
but the name of the wicked will rot.

Wednesday, August 13, 2008

Former Harris MNR Minister Hodgson( of Ipperwash fame) Stakes out Industry Line on Mining Act Change

((Existing mining tax revenue streams are a miniscule basis for First Nation revenue sharing.Let's hope NAN, tribal council and first nation brain trust has their eyes on the prize,

OMA hypes the 40 agreements with First nations but what do they say?

here's what they say( at the early exploration stage),
first we are sorry that we never thought to notify you( after all it is "free entry) when we flew those airborne surveys, disturbed your traplines and staked your lands,

but now that you have the internet and are even working with enviros and human rights activists and all matter of troublemakers and can read all our promotional nonsense and look at our maps and go online and check out mndm claimsmaps we better meet with you and offer to maybe( no firm promises) employ a few line cutters and drill helpers and an environmental monitor,

respect you if you say no to our project? see you in court.

Pay for your technical and legal advice to review our workplan? not on your life, if you have lawyers where would all the fun be?,

Archaeology? Maybe OK as long as it is not peer reviewed and we can use our tame consultants who write what we say,

Use your hotel and community cooks? better to make an exploration camp far from community view, outside of any oversight by MNR or health authorities and spill our fuel and human waste to our hearts content,

compensation for impacts on your treaty and aboriginal rights? are you kidding this is all low impact,maybe we won't work during the fall and spring hunt if you press us,

joint venture to act on all that partnership talk? what would you bring to the party? your land? We thought you surrendered your land. take up that jurisdiction matter with the government.

we will promise that if we ever find anything on your land we will make another agreement to maybe share some part of our pie
share in the huge run up in our stock values? no, that gravy is for our directors and brokers ))


COMMENTARY; OMA stakes out position on Ontario's boreal plan
Chris Hodgson
1186 words
11 August 2008
Northern Miner
4
English
Copyright 2008 Business Information Group. All Rights Reserved.

--In July, the Ontario government announced plans to bar development in about half of the province's boreal forest. The following is a letter from Ontario Mining Association President Chris Hodgson to OMA member companies that maps out the association's position on the plan.

Recently, Ontario Premier Dalton McGuinty made an announcement concerning the launch of the Far North Planning Process. A land-use plan for the Far North has been requested by various groups for years and the lead-up to this announcement has taken some time. A fundamental principle of the Ontario Mining Association since its inception in 1920 has been to workproductively with the government of the day and, in keeping with this, we have been engaged in an ongoing dialogue on this issue.

You may recall a memo that was sent on June 21, 2007, outlining the points of concern regarding a proposed Far North Planning Initiative that the OMA discussed with various ministers, members of the civil service and political staff. Since that memo was sent, our discussions with the government have taken on greater depth and, lately, more urgency. But the essentials remain the same. The government is faced with a large task, which requires management of many competing interests. Recent media reports have given rise to mounting expectations for a radical overhaul of the rules around access to land by resource companies. While the OMA supports changes to improve the systems in place, our concern has been that the scope of the initiative not become overwhelming. If that happens, the task would be drawn out and largely unmanageable, resulting in irrational decisions and regulatory uncertainty.

The OMA directors had an opportunity to discuss some of our concerns and proposed messaging at the most recent meeting of the board. Over the last weeks, I have taken this message to various ministers and deputy ministers, the premier's office, as well as members of the environmental community, including the Canadian Boreal Initiative. The purpose of the meetings was to find common ground on a way to approach the complex issues involved in land-use planning in a way that is manageable for the government, environmental non-governmental organizations and the industry. I believe that the premier's announcement reflects some measure of this consensus on key issues for our sector.

Until recently, political statements and media reports were calling for a significant overhaul of the Mining Act. The OMA argued that the inevitably prolonged legislative uncertainty would significantly undermine the investment climate in the province. To retain some sense of certainty, we asked that the re-view process be tightly scoped and conducted over a limited time-frame. The wording of the announcement, as well as follow-up conversations with senior policy advisers at the premier's office, have confirmed that the review process will be focused on dealing with private land issues and aboriginal participation.

The consultation process on the Mining Act review is set to begin in August and proceed on a tight schedule. Given prior discussions on the issues at hand with the Prospectors and Developers Association of Canada, the Ontario Prospectors Association, and a wide group of stakeholders involved on the Ministers Mining Act Advisory Council, we believe that workable solutions are in sight. Nonetheless, even with the limited scope, we foresee an intense consultation process and we ask that our members offer up their expertise, so that we have a strong presence at the discussion table.

In proposing to protect 50% of the Far North boreal forest, the government has stated that existing land tenure, claims and leases will not be affected. It is also recognizing the fundamental need to strike a balance between conservation and development for the future. This precludes arbitrary selection of protected areas and calls for a rational approach to planning, which is supported with substantive data on the region's biodiversity, carbon sequestration potential, aboriginal cultural heritage, natural resource and mineral potential. Both the OMA and leading environmental groups like the Canadian Boreal Initiative support a rational approach to land-use planning. This is reflected in the government's commitment to comprehensive mapping of the region, which is expected to take 10 to 15 years.

Meanwhile, I urge OMA members to take an active part in the multi-stakeholder discussions on creating a framework for the government plan. Mining has a miniscule footprint on the landscape, but it does depend on broad-based access to land to identify mineral potential at the early exploration stage. I believe that there are useful jurisdictional models, including the Yukon and Northwest Territories, which demonstrate how certain low-risk activities can take place with limited or no screening, while overall stringent environmental protections are maintained.

Modern mining practices stress environmental protection and ecological conservation. There are numerous examples of progressive practices to protect species at risk -- the De Beers Canada woodland caribou study in the Attawapiskat area comes to mind -- in addition to other measures to protect the environment, which we can bring to the table in the interest of working out the best possible land-use plan for the Far North.

The mining industry has done much to develop productive and respectful relationships with aboriginal communities. More than 40 impact benefit agreements have been signed between mining companies and First Nations, providing for employment, infrastructure and economic development. We welcome the move by the government to clarify the rules around consultation with the First Nations. We expect that this will take place as part of the Mining Act review and that a consultation template will be embedded in the revised Act.

The OMA believes that all those impacted by mining activity should benefit from the prosperity that the industry brings. For that reason, we have been recommending that the government create a system of revenue sharing with First Nations communities that support mining as an acceptable land use on their traditional lands and territories. We have proposed that a base fund be established and be supplemented annually from existing mining tax streams. We have stressed that these contributions come from the existing taxes and that no tax rates be increased and no new taxes be added, as this would undermine the competitiveness of the sector. A similar proposal, which takes the OMA position into consideration, has been endorsed by the Ontario Mineral Industry Cluster Council. We welcome the government's plans to provide a down-payment towards Resource Benefit Sharing this fall.

In all, the OMA appreciates the level of access to government decision- makers that we have been granted over an extended period of time and the openness with which our positions on land-use issues and the proposed Mining Act review have been received. Ultimately, I believe that the Ontario government is taking a measured approach to a complex set of issues and we look forward to participating fully in the consultations that will inform the government's decision- making. To be truly effective, we will need significant input by our members, and we welcome your comments, suggestions and participation.

Industry Lines in Mining Act Change Process

1. Existing Mineral "tenures" will not be Disturbed( no matter the failure to discharge the duty to consult)

2. First Nation Land Use Planning will not Compromise Mineral Potential( consider govt expenditures on programs to map mineral potential and compare them to government programs for first nations)

3.Revenue Sharing Will Not Come out of Industry Profits( or we will take our money and run to some authoritarian state where the military can enforce industry property rights)

same as it ever was
advantaging the advantaged and disadvantaging the disadvantaged

It Happened in S Africa, why not First Nation economic empowerment?

Black firm gains De Beers stake
South African miner
Black workers are too far down the job ladder, the government says
South Africa diamond giant De Beers has announced the sale of 26% of its mining operations to a black empowerment firm.

The deal represents the biggest change to De Beers' ownership since the company's foundation in 1888.

South Africa's government has embraced black economic empowerment (BEE) as a means of giving economic as well as political power to the black majority.

Critics say the policy has only benefited a small elite of wealthy people close to the ruling ANC.

The deal announced on Tuesday appears to have been designed at least partly to address these concerns.

Not the 'usual suspects'

Ponahalo Investment Holdings, which will acquire a 26% share in De Beers Consolidated Mines (DBCM), will be 50% owned by South African-based De Beers employees and pensioners.

The shareholders include three "broad-based trusts" benefiting disadvantaged women, people with disabilities, and the communities living around DCBM mines.

"Ponahalo wants a qualitative change and, in partnership with De Beers, to bring in the value to make a change in the lives of people," Ponahalo chairman Manne Dipico said.

Mr Dipico is a prominent figure in the governing ANC party, and was formerly premier of Northern Cape province, in which De Beers' flagship Kimberley mining operations are situated.

However, Mr Dipico has not been a prominent player in previous BEE deals.

Speaking after the announcement of the sale, Minerals and Energy Minister Lindiwe Hendricks expressed satisfaction at the plans to bring benefit to communities, and also that the "usual suspects" associated with many previous BEE deals were not involved.

The government has previously accused De Beers of being slow to change.

Black Economic Empowerment (BEE) is a program launched by the South African government to redress the inequalities of Apartheid by giving previously disadvantaged groups (black Africans, Coloureds and Indians who are SA citizens) economic opportunities previously not available to them. It includes measures such as Employment Equity, skills development, reverse racism, ownership, management, socio-economic development and preferential procurement.
Rationale

After the end of Apartheid in 1994 and with the advent of majority rule, control of big business in both the public and private sectors still rested primarily in the hands of white individuals. According to Statistics South Africa, Whites comprise just under 10% of the population, meaning that most of the country's economy was controlled by a very small minority. BEE is intended to transform the economy to be representative of the demographic make-up of the country.

Early reports from MNDM Consultation in timmins

((looks like it is all happening too fast for industry, meaning they are afraid, meaning what industry fears is usually engos and first nations making gains, ))

Mining Act meeting held
Posted By KEITH LACEY, OSPREY NEWS NETWORK
Posted 7 hours ago


There were a lot of diverging opinions expressed, but one common theme agreed to by virtually everyone in attendance Monday night was the process to upgrade the province's Mining Act is taking place way too fast.

"We really need a lot more time ... our group was adamant about this," said Mike Gordon, who works for the Ministry of Northern Development and Mines. He acted as a spokesman following a roundtable discussion as Timmins hosted the first of several Mining Act public consultations Monday at the Howard Johnson Inn.

"This process is happening way too quickly."

The meeting - the only one planned near Timiskaming - was attended by 60 prospectors, developers, mining company representatives, private property owners and citizens at large.

60 Day Consultation for New Mining Act

Comment Period: 60 days: submissions may be made between August 11, 2008 and October 10, 2008.

Description of Policy:

Ontario is modernizing its Mining Act to ensure that this legislation promotes fair, balanced, sustainable development that benefits all Ontarians.

Consultations will focus on five policy issues: the mineral tenure system, including free entry, and security of investment; Aboriginal rights and interests related to mining development; regulatory processes for exploration activities on Crown land; land use planning in Ontario’s Far North as it relates to mineral exploration and development; and private rights and interests relating to mineral development.
Purpose of Policy:

By modernizing the Mining Act, Ontario will ensure that it has up-to-date mining practices that support this important industrial sector. A modernized Mining Act would also address the need to ensure appropriate consultation and accommodation of First Nation and Métis communities.

Modernization will bring the Mining Act into harmony with the values of today’s society while maintaining a framework that supports the mineral industry’s contribution to Ontario’s economy.
Other Information:

This process supports Premier Dalton McGuinty’s July 14, 2008 Far North Planning announcement.

The modernization process will build on commitments outlined in Ontario’s Mineral Development Strategy, and on input and information received during previous consultations and dialogues – including ongoing discussions regarding an Aboriginal Consultation Approach for Mineral Sector Activities, the EBR-Environmental Registry posting on surface and mineral rights issues, consultations on Ontario’s Mineral Development Strategy and preliminary discussions toward the development of a Growth Plan for Northern Ontario.

Public Consultation:

This proposal has been posted for a 60 day public review and comment period starting August 11, 2008. If you have any questions, or would like to submit your comments, please do so by October 10, 2008 to the individual listed under "Contact". Additionally, you may submit your comments on-line.

All comments received prior to October 10, 2008 will be considered as part of the decision-making process by the Ministry of Northern Development and Mines if they are submitted in writing or electronically using the form provided in this notice and reference EBR Registry number 010-4327.

Please Note: All comments and submissions received will become part of the public record. You will not receive a formal response to your comment, however, relevant comments received as part of the public participation process for this proposal will be considered by the decision maker for this proposal.

Other Public Consultation Opportunities:

The Ministry of Northern Development and Mines will host facilitated public discussion sessions in Timmins (August 11), Sudbury (August 13), Thunder Bay (August 18), Kingston (August 28) and Toronto (September 8). Please visit www.ontario.ca/miningact for more information about the public meetings.

The public may respond to this discussion paper through the Environmental Registry or by emailing MNDM at miningact@ontario.ca. Written submissions may be mailed to MNDM’s office at:

Ministry of Northern Development and Mines
99 Wellesley Street West
Room 5630
Toronto, Ontario
M7A 1W3

All comments should be sent by October 10. The ministry plans to introduce legislation in the upcoming session and, if it is passed, new rules would be in place for later next year.

The ministry will be reaching out to First Nation and Métis communities for their input through meetings with First Nation and Métis leaders and organizations. In addition, we will provide copies of this discussion paper to all First Nation communities and Aboriginal organizations in the province, then follow up with direct invitations for input. Focused meetings for mineral sector and other stakeholders will be held in appropriate locations throughout Ontario.

For further information on the review and modernization process, please call 1-888-415-9845 or email us at miningact@ontario.ca.

KI on CPAC August 16th

http://cpac.ca/forms/index.asp?dsp=template&act=view3§ion_id=24&temp
late_id=1144&lang=e

Tuesday, August 5, 2008

Minister Bryant To Address NAN Chiefs Meeting in Constance Lake

Will he apologize to KI? Tune in to live Wawatay broadcast.

And Mining Act Reform Process Finally Begins

((First Nations need more than respect, they have have a right to say no and that right needs to be recognized by the Treaty Partner. Note the onus that is placed on companies. Companies didn't pull the trigger at Ipperwash.))

August 05, 2008

Ontario Launches Mining Act Consultations

--------------------------------------------------------------------------------


McGuinty Government Aims To Ensure Balanced, Respectful Legislation

NEWS

The Ontario government is holding a series of public and stakeholder meetings about modernizing the Mining Act.

Facilitated public and stakeholder sessions will be held in Timmins (August 11), Sudbury (August 13), Thunder Bay (August 18), Kingston (August 28) and Toronto (September 8).

These sessions are the first step in a consultation approach that will also include focused discussions with the minerals industry, municipalities and other stakeholders, First Nations and Métis leaders, as well as input from First Nations communities across Ontario. On August 11, a discussion paper will be posted for comment on the Environmental Registry and the ministry's web site.

This process will help ensure that the proposed legislation promotes fair, balanced and sustainable development that benefits all Ontarians. It supports Premier Dalton McGuinty's July 14 announcement that Ontario is going to modernize the way mining companies stake and explore their claims to be more respectful of Aboriginal communities and private land holders.

QUOTES

"A vibrant mining industry adds wealth to our economy and offers tremendous benefits for our communities," said Northern Development and Mines Minister Michael Gravelle. "We want to support that industry with a Mining Act that reflects the values of today's society."

QUICK FACTS

a.. Toronto is the world's mine financing capital. In 2006, more than 80 per cent of the global mining industry's public financings were conducted through the Toronto Stock Exchange.
b.. According to Natural Resources Canada, there are about 1,200 Aboriginal communities within 200 km of 190 producing mines and 2,100 exploration properties across Canada.
c.. The Canadian mining industry was the only industrial sector with average weekly wages above $1,000 in 2006.
LEARN MORE

Read Ontario's Mining Act
Learn about Ontario's Mineral Development Strategy
The work of the ministry's Mines and Minerals Division

Laforme Defends Owen Young after AFN Calls for His Resignation

THE WORLD AT SIX (EAST) (CBC-R), Toronto, 30 Jul 08, Reach: 528,000, Time: 18:14, Length: 00:02:21, Ref# 10556D0-8

Anchor/Reporters: BILL GILLESPIE / MAUREEN BROSNAN

CALL FOR THE RESIGNATION OF A LAWYER

BARBARA SMITH (CBC-R): Groups representing residential school survivors are calling for the resignation of a lawyer hired by the Truth and Reconciliation Commission. The Assembly of First Nations, the Nishnawbe Aski Nation and the National Residential School Survivors' Society all say Owen Young is a bad choice.
In March, Young represented the Province of Ontario in a case against aboriginal people opposing mineral exploration. During their sentencing, he urged the judge to impose a financial penalty that hurts. That comment has First Nations leaders saying his presence will taint the work of the commission. Karen Pauls reports.

KAREN PAULS (CBC Reporter): Alvin Fiddler is the Deputy Grand Chief of a group which represents 49 First Nations in Ontario. He says the Truth and Reconciliation Commission should let Owen Young go, to protect its own mandate.

ALVIN FIDDLER (Deputy Grand Chief of Nishnawbe Aski Nation): A lot of people, I think, have high hopes, especially those survivors who have waited a long time to tell their story. But I think, you know, based on what's happened, you know, there has to be some... some corrective action taken first.

PAULS: Mike Cachagee agrees. He represents the National Residential School Survivors' Society.

MIKE CACHAGEE (President, National Residential School Survivors' Society): I have a saying, you can't suck and blow at the same time. You can't call from the rooftops about crime and punishment and then say we're going to talk about reconciliation after the fact. I've got a lot of respect for Justice LaForme, you know. But I think of all the counsel that was available in Canada, he could have found someone else who is less contentious.

PAULS: Still, the head of the Truth and Reconciliation Commission is defending his decision to hire Young as a legal counsel. Justice Harry Laforme says Young's comment is being taken out of context unfairly because for much of his career he has defended aboriginal people.

HARRY LAFORME (Head of the Truth and Reconciliation Commission): I would simply say trust my judgement and wait for the results of what we do as a commission because I fought long and hard about the right person for this job. And I believed it was Owen Young.

PAULS: Two weeks ago, the Assembly of First Nations unanimously passed a resolution urging the commission to reconsider its choice. LaForme says he's waiting for a formal request from the AFN before deciding how to respond. Alvin Fiddler hopes Young will take action before then.

FIDDLER: If he's an honourable man and by all accounts he is then do the right thing and step down from the commission.

PAULS: Owen Young could not be reached for comment. Karen Pauls, CBC News, Winnipeg.
*****

WORDS: 458 Transcript Order: 107561 Id: 10556D0-8 Sent: 01 Aug 08 09:24AM