tag:blogger.com,1999:blog-36524573064054206122024-03-14T02:54:27.309-07:00Kitchenuhmaykoosib InninuwugA place for friends of KI First Nation.Branthttp://www.blogger.com/profile/02989305238952146612noreply@blogger.comBlogger401125tag:blogger.com,1999:blog-3652457306405420612.post-2778975207412703152008-09-06T10:54:00.001-07:002008-09-06T10:54:18.101-07:00New York Times Take on Free Entry BattleBusiness/Financial Desk; SECTC<br>In Parts of Canada, Landowners Battle Prospectors<br>By IAN AUSTEN<br>1910 words<br>2 September 2008<br>The New York Times<br>Late Edition - Final<br>9<br>English<br>Copyright 2008 The New York Times Company. All Rights Reserved.<p>SOUTH FRONTENAC, Ontario -- When Peter Griesbach discovered someone had <br>chopped down trees at his weekend house to make crude posts staking out <br>a mining claim, he assumed he could rid his land of the uninvited <br>prospector relatively quickly. He was wrong.<p>Indeed, seven years later Mr. Griesbach is still campaigning to change <br>the provincial law that allows anyone who pays the equivalent of $23.50 <br>to dig for pretty much any mineral on private property in much of rural <br>Ontario.<p>Historically high mineral prices have set off a new wave of prospecting <br>in Canada, and with it new battles over mineral laws, some of which <br>date to the 19th century. Under the so-called free entry system, <br>effective in much of Ontario, prospectors and miners have had <br>relatively unfettered access to private land in many areas.<p>Now, after decades of promises to modify the law from successive <br>governments, Mr. Griesbach and other landowners may finally find some <br>measure of relief.<p>After a highly publicized clash between an Indian tribe and a mining <br>company this year, which led to the jailing of one native leader, <br>Ontario's government said it would alter the law by December. But <br>change is so controversial that even the broad details of any <br>modification will not be worked out for some time.<p>British Columbia has had a rise in conflicts between landowners and <br>prospectors, too, as it experiences a similar mining boom despite <br>recent legal reforms in that province that have made it harder to <br>invade private land.<p>But the controversy has been most intense in Ontario, where it has also <br>led to increased divisions along economic, regional and class lines.<p>Many owners of homes and ''cottages,'' as weekend or vacation homes are <br>known here, as well as farmers and ranchers in southeastern Ontario, <br>where Mr. Griesbach has his cottage, are not keen to have their trees <br>chopped down, land dynamited and soil turned over.<p>But in the vast, and relatively unpopulated, northern part of the <br>province (where summer homes are usually called ''camps''), many <br>residents see increased mining as one of the few ways to avoid economic <br>ruin from the collapse of the pulp and paper industry there. Anything <br>with the potential to curb mining's expansion will meet with <br>significant opposition in that region.<p>Still, even some mining companies have started to feel a bit <br>embarrassed by the controversy. ''There's a recognition from our <br>members that private property owners deserve more rights than exist <br>under the current act,'' said Chris Hodgson, president of the Ontario <br>Mining Association, which represents large mining companies. ''I have a <br>lot of empathy for a cottage owner that's discovered someone staking <br>their property.''<p>The large mining companies represented by Mr. Hodgson, a former mines <br>minister, do conduct some exploration work. But most prospecting and <br>nearly all land conflicts involve small prospectors working on their <br>own or for tiny mining companies. In Ontario, anyone can become a <br>prospector provided they are at least 18 years old and have 25 Canadian <br>dollars, plus tax, to acquire a license.<p>''Claim staking is actually a pretty lucrative way of putting money <br>into your pocket,'' said Garry Clark, the executive director of the <br>Ontario Prospectors Association. But most people in the industry <br>acknowledge that the chances of any particular claim becoming a mine <br>are remote.<p>The promise of becoming rich through a mining discovery is enough for <br>prospectors, or their clients, to raise money through Canada's venture <br>markets or private investments, even though such efforts usually end in <br>disappointment. ''The odds are really against people,'' Mr. Clark said <br>from his office in Thunder Bay, Ontario, the largest city in the north. <br>''All we do is take money, not all of it our own, and then we gamble it <br>on one in 10,000 prospects.''<p>There are about 5,000 licensed prospectors in Ontario, but Mr. Clark <br>estimates that only 2,000 people actively engage in the business, and <br>many spend some of their time plying other trades, such as trapping or <br>logging.<p>The one in 10,000 odds apply to staked claims that show evidence of <br>mineral deposits. Neither Mr. Clark nor anyone else in the industry <br>could quantify the overall number of staked claims that become mines, <br>although all agree that they are small.<p>Canada's constitution does not provide property rights like those under <br>most American laws. Unlike Canada and many other countries, original <br>land grants in the United States included both mineral and surface <br>rights, making the fictional tale of the Clampett family as told in <br>''The Beverly Hillbillies'' at least legally plausible. While the <br>mineral rights were sometimes sold by landowners over times, most state <br>laws place limitations on prospecting.<p>Over the years, the Canadian provinces have retained various rights to <br>land they granted to private property owners. On some private land, for <br>example, the government still owns white pine trees, a law dating from <br>the era when their timber was valued as naval ships' sailing masts. The <br>law is no longer enforced.<p>More commonly, particularly in the north, the government retained all <br>the mineral rights underneath privately owned land.<p>Some landowners, mostly in the populous southern and eastern parts of <br>Ontario, were given both the surface and mineral rights to their <br>properties, depending on when the land was settled. But in many cases, <br>the mining rights reverted back to the government after an owner at <br>some point over the last 150 years or so failed to pay mining as well <br>as property taxes.<p>What owners do once they find out the limitations of their rights <br>varies.<p>After learning that the prospector had the right to wander around his <br>cottage and chop down trees, Mr. Griesbach, a real estate appraiser who <br>lives near Kingston, Ontario, initially responded by taking out his own <br>prospector's license.<p>Metal tags on the stakes on his land indicated that they had been <br>placed of behalf of A. David Houston, the president and chief executive <br>of Graphite Mountain, a company that was actually controlled by another <br>of Mr. Houston's firms, Diamond Lake Minerals.<p>(While incorporated in Utah, Diamond Lake was headquartered at Mr. <br>Houston's home in Warkworth, a town in eastern Ontario.)<p>Believing that Mr. Houston had not properly followed all of the <br>government's staking rules, Mr. Griesbach used his prospector's license <br>to file a counter claim on his own land. That challenge set off what <br>became a series of seven hour drives to Sudbury, Ontario, to attend <br>hearings before the Provincial Mining Recorder.<p>To further dissuade prospectors, Mr. Griesbach had part of his land <br>registered as a private firearms range with the federal government and <br>posted suitably frightening signs saying, in effect, that anyone <br>wandering on his land was in danger of being shot.<p>Down the road from Mr. Griesbach, Donald T. Loucks and his wife, Mary, <br>had also discovered Graphite Mountain's stakes on the lands surrounding <br>Long Pond Lake which they had gradually acquired over several decades. <br>The private lake had originally been the couple's summer cottage site <br>but they built a house and became full-time residents after Mr. <br>Loucks's retirement from the insurance business in Toronto.<p>The mining stakes were just the beginning. A woodlands preservation <br>group backed away from an agreement with the Loucks when it learned <br>about the mining claim. Shortly afterwards, Graphite Mountain moved <br>heavy mining equipment onto a claim across the road from the Loucks's <br>land and began blasting and drilling. For two summers, aerial survey <br>planes buzzed overhead.<p>''It was like being under siege,'' said Mrs. Loucks, whose husband died <br>just over five yearsago.<p>The situation drew to a legal stalemate and the exploration stopped. <br>While Graphite Mountain still holds claims in the area, the company <br>became inactive last September after the death of Mr. Houston.<p>By contrast, the dispute over a uranium mining claim not far from the <br>Griesbach and Loucks properties in North Frontenac, Ontario, continues <br>to escalate.<p>Frank and Gloria Morrison mounted a different counterattack than Mr. <br>Griesbach, after stakes from Frontenac Ventures appeared in 2006 on 100 <br>acres of land they had retired to from Ottawa.<p>Much of Eastern Ontario, including North Frontenac, is the subject of a <br>complex and longstanding land claim launched by the Algonquin Indian <br>tribe. The Ardoch Algonquin First Nation, the local branch of the <br>tribe, soon joined in protests against the uranium mining project after <br>being contacted by Mr. Morrison.<p>Frontenac Ventures, a privately held uranium mining company based in <br>Oakville, Ontario, eventually obtained a court injunction to keep <br>protesters out of the areas it was exploring. But Bob Lovelace, the <br>chief negotiator for the Ardoch Algonquins and a lecturer at Queen's <br>University in Kingston, defied the order. He argued that he was <br>governed by Algonquin law. That defiance led to a six month jail <br>sentence and a 25,000 Canadian dollar fine against Mr. Lovelace.<p>Ultimately Mr. Lovelace served only 102 days in prison before the jail <br>order and fine were both struck down by an appeals court in a decision, <br>released in July, that rebuked the trial court for ignoring earlier <br>rulings related to native land claims. The appeals court also <br>criticized the current mining act for being ''remarkably sweeping.''<p>The ruling has not ended the dispute. Nor has it reduced Mr. Morrison's <br>resolve to block the project, a crusade that, he acknowledged, has <br>divided him from neighbors, generally lifelong residents of the area, <br>who see the mine as a potential source of jobs.<p>''We've got our life savings right here in this land and now it's <br>worthless,'' said Mr. Morrison, a professional musician and former <br>employee of the Canadian Police Association. ''I now understand what <br>makes a person an anarchist and what makes a person break the law.''<p>Exactly how the government will keep both the prospectors and <br>landowners happy with its revised mining act is unclear.<p>Michael Gravelle, the minister of mines, said the bill will only be <br>drafted following another in a long series of consultations now <br>underway. Any legislation, he said, will have to contain ''an <br>appropriate balance'' between landowner and mining interests.<p>George S. White, the president of Frontenac Ventures, which has spent <br>about 4 million to 5 million Canadian dollars on its project to date, <br>said it would be a mistake to limit miners and prospectors, <br>particularly in the current buoyant minerals market.<p>''The mining business in Ontario has been the backbone of the economy, <br>it has served the province well for 150 years,'' he said. ''In a <br>situation like this, the responsibility is on the landowner to find out <br>what they bought. We shouldn't be held up to ransom by somebody who <br>doesn't want mining.''<p>And although Mr. White has little sympathy for Mr. Morrison in <br>particular, the two men do share one thing: frustration.<p>''Had I known that this kind of opposition would develop, I would not <br>have got involved in the project,'' Mr. White said. ''It's something I <br>don't think anyone foresaw.''<p>PHOTOS: Peter Griesbach found trees on his property chopped down to <br>stake a mining claim. Years later, he is still fighting the <br>prospector.; A claim stake on Mr. Griesbach's property in Ontario.; <br>Like Mr. Griesbach, Mary Loucks also found claim stakes on her land. <br>After a legal wrangle, the exploration stopped. (PHOTOGRAPHS BY IAN <br>AUSTEN FOR THE NEW YORK TIMES)Unknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-75714142041050856372008-09-04T17:09:00.001-07:002008-09-04T17:09:36.523-07:00CD’s Best of the Web / There Is No Honour in the Crown<a href="http://canadiandimension.com/articles/2008/09/04/2021/">http://canadiandimension.com/articles/2008/09/04/2021/</a>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-35998759067629678722008-09-04T15:43:00.001-07:002008-09-04T15:43:53.736-07:00CD’s Best of the Web / Something Is Happening in Indian Country<a href="http://canadiandimension.com/articles/2008/09/04/2018/">http://canadiandimension.com/articles/2008/09/04/2018/</a>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-28708151375270646982008-08-31T13:51:00.001-07:002008-08-31T13:51:45.780-07:00Media on Mining Act RdShow, Lovelace Confident Supreme Ct Will Vindicate DecisionMining Act<br /><br />August 29, 2008<br /><br />THE PROVINCIAL MINISTRY OF NORTHERN DEVELOPMENT AND MINING WAS IN KINGSTON LAST NIGHT TO DISCUSS POSSIBLE UPDATES TO ONTARIO'S MINING ACT.<br /><br />IT IS THE FOURTH STOP ON A FIVE CITY TOUR.<br /><br />PROTESTORS CONCERNED ABOUT URANIUM EXPLORATION WERE ALSO THERE.<br /><br />NEWSWATCH'S DARRYN DAVIS REPORTS.<br /><br />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.<br /><br />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.<br /><br />THEY'RE PROTESTING URANIUM EXPLORATION THAT'S OCCURRING IN THEIR AREA.<br /><br />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.<br /><br />THE MINING EXPLORATION COMPANY IS NOW APPEALING THE DECISION THAT SAW LOVELACE RELEASED FROM PRISON.<br /><br />BOB LOVELACE<br /><br />"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."<br /><br />PROTESTORS SAY THEY WOULD LIKE TO SEE A MORATORIUM ON URANIUM MINING AND EXPLORATION.<br /><br />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.<br /><br />KATHY NOSSICH<br /><br />"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."<br /><br />BUT WILL EXPRESSING THOSE CONCERNS AT THE MEETING HAVE ANY EFFECT?<br /><br />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.<br /><br />ROB MATHESON<br /><br />"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."<br /><br />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.<br /><br />DARRYN DAVIS CKWS NEWXSWATCH KINGSTON.Unknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-76974730613890168142008-08-27T08:03:00.000-07:002008-08-31T13:50:50.697-07:00Frontenac Applies for Leave to Appeal in S.Ct.wonders never cease, wonder who is financing this? Where there is a <br>junior there is a major in the background.<br /><br />Proverbs 10:7<br /><br />The memory of the righteous is a blessing,<br />but the name of the wicked will rot.Unknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-77606759566352960822008-08-13T12:57:00.000-07:002008-08-13T13:26:46.490-07:00Former 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, <br /><br />OMA hypes the 40 agreements with First nations but what do they say? <br /><br />here's what they say( at the early exploration stage), <br /> 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, <br /><br />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, <br /><br />respect you if you say no to our project? see you in court.<br /><br />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?, <br /><br />Archaeology? Maybe OK as long as it is not peer reviewed and we can use our tame consultants who write what we say,<br /><br />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,<br /><br />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, <br /><br />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.<br /><br />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<br />share in the huge run up in our stock values? no, that gravy is for our directors and brokers ))<br /><br /><br />COMMENTARY; OMA stakes out position on Ontario's boreal plan<br />Chris Hodgson<br />1186 words<br />11 August 2008<br />Northern Miner<br />4<br />English<br />Copyright 2008 Business Information Group. All Rights Reserved.<br /><br />--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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />In proposing to protect 50% of the Far North boreal forest, the government has stated that <span style="font-weight:bold;">existing land tenure, claims and leases will not be affected.</span> 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 <span style="font-weight:bold;">mineral potential.</span> 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.<br /><br />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 <span style="font-weight:bold;">how certain low-risk activities can take place with limited or no screening, while overall stringent environmental protections are maintained.</span><br /><br />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.<br /><br />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 <span style="font-weight:bold;">a consultation template will be embedded in the revised Act.</span><br /><br />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. <span style="font-weight:bold;">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.</span> 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.<br /><br /><span style="font-weight:bold;">In all, the OMA appreciates the level of access to government decision- makers that we have been granted over an extended period of time</span> 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.Unknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-11062299655478133792008-08-13T12:48:00.000-07:002008-08-13T12:54:21.997-07:00Industry Lines in Mining Act Change Process1. Existing Mineral "tenures" will not be Disturbed( no matter the failure to discharge the duty to consult)<br /><br />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)<br /><br />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)<br /><br />same as it ever was<br /> advantaging the advantaged and disadvantaging the disadvantagedUnknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-3106726859175216552008-08-13T12:44:00.000-07:002008-08-13T12:48:22.090-07:00It Happened in S Africa, why not First Nation economic empowerment?Black firm gains De Beers stake<br />South African miner<br />Black workers are too far down the job ladder, the government says<br />South Africa diamond giant De Beers has announced the sale of 26% of its mining operations to a black empowerment firm.<br /><br />The deal represents the biggest change to De Beers' ownership since the company's foundation in 1888.<br /><br />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.<br /><br />Critics say the policy has only benefited a small elite of wealthy people close to the ruling ANC.<br /><br />The deal announced on Tuesday appears to have been designed at least partly to address these concerns.<br /><br />Not the 'usual suspects'<br /><br />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.<br /><br />The shareholders include three "broad-based trusts" benefiting disadvantaged women, people with disabilities, and the communities living around DCBM mines.<br /><br />"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.<br /><br />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.<br /><br />However, Mr Dipico has not been a prominent player in previous BEE deals.<br /><br />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.<br /><br />The government has previously accused De Beers of being slow to change.<br /><br />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.<br /> Rationale<br /><br />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.Unknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-50806165757728181512008-08-13T12:09:00.001-07:002008-08-13T12:11:25.629-07:00Early 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, ))<br /><br />Mining Act meeting held<br />Posted By KEITH LACEY, OSPREY NEWS NETWORK<br />Posted 7 hours ago<br /> <br /><br />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.<br /><br />"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.<br /><br />"This process is happening way too quickly."<br /><br />The meeting - the only one planned near Timiskaming - was attended by 60 prospectors, developers, mining company representatives, private property owners and citizens at large.Unknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-74599070147413608202008-08-13T11:53:00.000-07:002008-08-13T11:58:02.093-07:0060 Day Consultation for New Mining ActComment Period: 60 days: submissions may be made between August 11, 2008 and October 10, 2008.<br /> <br />Description of Policy:<br /><br />Ontario is modernizing its Mining Act to ensure that this legislation promotes fair, balanced, sustainable development that benefits all Ontarians.<br /><br />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.<br />Purpose of Policy:<br /><br />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.<br /><br />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.<br />Other Information:<br /><br />This process supports Premier Dalton McGuinty’s July 14, 2008 Far North Planning announcement.<br /><br />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.<br /><br />Public Consultation:<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />Other Public Consultation Opportunities:<br /><br />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.<br /><br />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:<br /><br />Ministry of Northern Development and Mines<br />99 Wellesley Street West<br />Room 5630<br />Toronto, Ontario<br />M7A 1W3<br /><br />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.<br /><br />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.<br /><br />For further information on the review and modernization process, please call 1-888-415-9845 or email us at miningact@ontario.ca.Unknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-26847424452548751742008-08-13T11:52:00.000-07:002008-08-13T11:53:21.107-07:00KI on CPAC August 16thhttp://cpac.ca/forms/index.asp?dsp=template&act=view3§ion_id=24&temp<br />late_id=1144&lang=eUnknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-51172456183311633652008-08-05T13:48:00.000-07:002008-08-05T13:50:12.681-07:00Minister Bryant To Address NAN Chiefs Meeting in Constance LakeWill he apologize to KI? Tune in to live Wawatay broadcast.Unknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-18066836610972175612008-08-05T13:46:00.000-07:002008-08-05T13:51:53.372-07:00And 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.))<br /><br />August 05, 2008<br /><br />Ontario Launches Mining Act Consultations<br /><br />--------------------------------------------------------------------------------<br /><br /><br />McGuinty Government Aims To Ensure Balanced, Respectful Legislation<br /><br />NEWS <br /><br />The Ontario government is holding a series of public and stakeholder meetings about modernizing the Mining Act.<br /><br />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). <br /><br />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. <br /><br />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.<br /><br />QUOTES<br /><br />"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." <br /><br />QUICK FACTS<br /><br /> 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. <br /> 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. <br /> c.. The Canadian mining industry was the only industrial sector with average weekly wages above $1,000 in 2006. <br />LEARN MORE<br /><br />Read Ontario's Mining Act<br />Learn about Ontario's Mineral Development Strategy<br />The work of the ministry's Mines and Minerals DivisionUnknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-48819802999481607752008-08-05T13:43:00.000-07:002008-08-05T13:45:42.137-07:00Laforme Defends Owen Young after AFN Calls for His ResignationTHE WORLD AT SIX (EAST) (CBC-R), Toronto, 30 Jul 08, Reach: 528,000, Time: 18:14, Length: 00:02:21, Ref# 10556D0-8<br /><br />Anchor/Reporters: BILL GILLESPIE / MAUREEN BROSNAN<br /><br />CALL FOR THE RESIGNATION OF A LAWYER<br /><br />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.<br />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.<br /><br />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.<br /><br />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.<br /><br />PAULS: Mike Cachagee agrees. He represents the National Residential School Survivors' Society.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />FIDDLER: If he's an honourable man and by all accounts he is then do the right thing and step down from the commission.<br /><br />PAULS: Owen Young could not be reached for comment. Karen Pauls, CBC News, Winnipeg.<br />*****<br /><br />WORDS: 458 Transcript Order: 107561 Id: 10556D0-8 Sent: 01 Aug 08 09:24AMUnknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-7503778175207511902008-07-25T05:02:00.000-07:002008-07-25T05:03:41.427-07:00Will Attawapiskat Chief and Council Attend De Beers Victor Mine Opening or Will Community Petition To Review IBA Give Them PauseAnd best wishes on his upcoming retirement to De Beers corporate <br>warrior Joanathan Fowler. Jonathan goes back to the Monopros( why be <br>upfront and call your exploration arm De Beers when you can use the <br>name Monopros) days when he headed up De Beers exploration office in <br>Thunder Bay. Talk about a hardship post in the city of failure. I <br>understand, this will be Jonathan's last Attawapiskat party. Jonathan <br>enjoyed a few happy meetings with KI folk back in the days when De <br>Beers and Platinex had a collaboration going on community consultation <br>in KI. De Beers sampled the KI lands but withdrew following the <br>declaration of the moratorium.<p>Insiders will recall that De Beers funded the October 2005 meeting <br>which resulted in Chief Donny Morris saying "what part of No doesn't <br>Ontario understand" and a moratorium declaration by a number of far <br>north communities. The De Beers meeting with Far North Chiefs back in <br>05 set the stage for what followed. Classic unintended consequence.<p>Conspiracy theorists have floated the idea that De Beers deliberately <br>provoked the moratorium to "sterilize" the area for competitors. De <br>Beers are smart ( the Microsoft of mining) but not that smart. Let's <br>remember a lunatic found the diamonds in the NWT while they were stuck <br>at Blackwater Lake. Too clever by half.<p><br>De Beers to Open Snap Lake, Victor Diamond Mines<p>De Beers Canada will open the Snap Lake diamond mine July 25, and the<br>Victor diamond mine July 26. Snap Lake will become the first De Beers<br>mine outside of southern Africa, employ 560 people, and will have an<br>annual production rate of 1.4 million carats. Victor will employee 400<br>people during production and will have an annual production rate of<br>600,000 carats.Unknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-21177714383624220592008-07-24T17:50:00.001-07:002008-07-24T17:50:17.860-07:00Bad Barrel ( Mining Act/Indian Act) Bad Apples( MNDM, Mining Cos/INAC) and Barrel Makers( McGuinty/Bryant, Strahl and predecessors dating back to Treaty)April 06, 2007<br>Bad Apples, Bad Barrels, Bad Barrel Makers<p>By Mimikatz<p>If you know of Philip Zimbardo, it is probably in connection with the <br>Stanford Prison Experiment, undertaken in 1971. In that experiment, <br>Zimbardo and others took carefully screened, normal college students <br>and randomly assigned them to be guards or prisoners in a mock prison <br>set up in the basement of the Stanford Psych Department. Nothing <br>happened at first, but after 36 hours the prisoners revolted. The <br>guards asked Zimbardo what to do. He responded, "It's your prison," but <br>cautioned them against using violence. After 6 days the situation <br>became completely out of control, with brutality by the guards and <br>psychological breakdown among the prisoners. But only when one of his <br>former graduate students, after seeing what was happening, tearfully <br>told him she was not sure she wanted to have anything more to do with <br>him did he decide to stop the experiment.<p>Fast forward to 2004. Zimbardo became an expert witness in the trial <br>of Ivan "Chip" Frederick, one of the MPs accused of abuses at Abu <br>Ghraib, where the Stanford Prison Experiment was in effect replicated <br>in real life. This gave Zimbardo access to documents, photos and <br>reports about Abu Ghraib and caused him to ponder the lessons that were <br>not learned from the Stanford Experiment.<p>The result is The Lucifer Effect: Understanding How Good People Turn <br>Evil. In this long, difficult but very informative book Zimbardo <br>explains both how good people come to do incredibly evil acts but why. <br>The core of the book is a very detailed description of the Stanford <br>Experiment, but Zimbardo also looks at situations such as Rwanda and <br>the Holocaust, along with Abu Ghraib. In a nutshell, Zimbardo argues <br>that we do not have the stable personalities we often think we have; <br>our actions are in fact much more dependent on the situations we find <br>ourselves in. Under the "right" conditions, almost anyone can perform <br>evil acts. Contrary to the typical medical and legal model, such <br>things as Abu Ghraib are not the result of a few "bad apples," but <br>happen because of "bad barrels." As the Stanford Experiment had shown, <br>combining absolute power, secrecy, lack of clear rules and supervision, <br>and boredom could create a situation in which pacifists became brutal <br>guards.<p>But are "bad barrels" accidental happenings? Zimbardo pushes his <br>analysis further to ask questions about the "barrel makers" (himself <br>included) who allow such conditions to exist. Do certain types of <br>systems encourage "bad barrels?" In the next to last chapter he <br>essentially puts the Bush Administration on trial for the conditions at <br>Abu Ghraib.<p>But if commission of evil acts is at least as much situational as <br>dispositional (based on the individual personality), what can be done <br>to resist evil? As Zimbardo shows through his own and his colleagues' <br>avid participation in the Stanford Experiment until challenged by a <br>former student, this is a very complex issue. He and all of the other <br>researchers got sucked into the experiment, as it deteriorated slowly <br>over time, thrilled at the behavioral changes they were witnessing. <br>She came in as a substitute on Day 6 when another researcher had to <br>leave for a family emergency. Moreover, she had become romantically <br>involved with Zimbardo once she finished her PhD. Coming into the <br>experiment somewhat unwillingly, suddenly exposed to the degradation <br>that had built up over days, she was horrified both at what she saw and <br>at Zimbardo's reaction when she confronted him. (He told her she would <br>never make a good researcher if she got so emotional.) Ultimately he <br>realized that she was right, that he and the others had also <br>internalized the institutional values of the experiment to the <br>exclusion of their humanitarian values, and he called a halt to the <br>experiment. (Their relationship survived and they are evidently still <br>married.)<p>The implications of this book, especially his observations on what <br>makes and what prevents situations like Abu Ghraib, and how it relates <br>to our resistance to the Bush Administration and the evil in our <br>society, are considerable. Delineating the positive lessons will take <br>another post. Suffice it to say that no one can look at himself or <br>herself with quite the same smugness after reading this book.Unknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-63086851130583985272008-07-24T17:43:00.001-07:002008-07-24T17:43:17.055-07:00Why Governmental Change is Slow and HardThere are also adverse selection effects; a notorious example is that <br>individuals who are particularly risk-averse often seek jobs in the <br>public sector. The result, as economists have long known, is that most <br>organizations (and especially public sector ones) are excessively <br>cautious; they take many fewer risks than a rational economic agent <br>would in similar circumstances.Unknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-46722601895094079432008-07-23T11:13:00.000-07:002008-07-23T11:15:34.508-07:00Northern Miner, Climate Change Sceptics, First Nation Consultation Advocates and Revenue Sharing if Its Revenue Neutral to IndustryEditorial: Miners need to be wary of Ontario Premier<br />630 words<br />23 July 2008<br />eSource Canada Business News Network<br />English<br />Copyright 2008 Business Information Group. All Rights Reserved.<br /><br />Mid-July saw the surprise announcement by the Ontario government that it would "protect" at least 225,000 sq. km, or roughly half of the province's boreal forest.<br /><br />The scope of the proposal is broad. It includes: banning economic activity within at least half the province's boreal forest; holding meetings across the province with every conceivable stakeholder to come up with new land-use plans; giving local aboriginal communities veto power over proposed economic activities; revamping the way resource businesses are taxed, including more taxes going to local aboriginal communities; and building up bureaucracies to create and implement land-use plans.<br /><br />The government also restated its intention to rewrite the province's mining act before 2010, including changing the process for staking and exploration. It starts reviewing the act this August.<br /><br />Given that you can't trust anything Premier "I-won't-cut-your-taxes-but-I-won't-raise-them-either" McGuinty says, and that his professed environmentalism is driven by pure political expediency, figuring out what this latest proposal means for miners in Ontario is tricky.<br /><br />On the one hand, McGuinty's shabby treatment of De Beers as it developed Ontario's first diamond mine -- jacking up the royalty rate at the eleventh hour, after construction was well under way -- shows the premier he has no qualms about raiding a mining company's coffers when the political fallout is minimal (after all, few hearts bleed for De Beers).<br /><br />Of more concern to the little guy, McGuinty's crushing of landowners and developers who tried to fend off his government's creation of the greenbelt around Toronto shows the premier has little regard for basic property rights.<br /><br />Be forewarned: McGuinty holds the creation of the greenbelt as a model for his boreal forest plan.<br /><br />On the other hand, it will takes years just to hold discussions with interested parties about how to establish a framework for more discussions.<br /><br />McGuinty himself says the whole process could take up to 15 years. The thing may never happen.<br /><br />It looks like much of the seeming haste to come out with this latest boreal-forest proposal is fuelled by the provincial government's larger agenda to boost taxes and increase the size and reach of government by using the global warming hoax as a pretext.<br /><br />McGuinty is pitching Ontario's boreal forest as a major carbon sink that presumably could be used to the provincial government's benefit during upcoming rounds of carbon-emissions trading it is committing itself to.<br /><br />It's remarkable that, as more people realize that there isn't a single bit of evidence that human activity is causing dangerous global warming, we see the rhetoric from the theory's proponents is getting more hysterical: in promoting this boreal forest plan, McGuinty is now saying with a straight face that we can expect Ontario to be 8 degrees Celsius warmer within a century.<br /><br />This kind of foolish talk is another great argument for small government.<br /><br />More pertinent to the mining industry is the very real revamping of the provincial mining act.<br /><br />Now is the time for miners to keep up the lobbying for the maintenance of a sensible regulatory regime for mineral exploration and mining in the province.<br /><br />In particular, the mining industry needs to keep pushing the government to live up to its obligation to consult with aboriginal communities prior to the granting of exploration rights to mining companies, as it so spectacularly failed to do in the messy case of Platinex and the Kitchenuhmaykoosib Inninuwug (KI) First Nation.<br /><br />We like the idea of local communities getting more of the taxes from resource industries active in the area, but only if it matches simultaneous reductions in provincial taxes.Unknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-48911827606952537272008-07-23T11:06:00.000-07:002008-07-23T11:21:42.136-07:00Former Bryant Advisor Predicts Quiet Revolution in Indian Country, Let's Not Forget that Revolutions Are Made By Revolutionaries and Not PoliticiansQuiet revolution in relations with natives TheStar.com - Opinion - Quiet revolution in relations with natives<br />July 23, 2008<br />Douglas Sanderson<br /><br />[Douglas Sanderson, BA (Hons) (Simon Fraser University) 1998, JD (Toronto) 2003, LLM (Columbia) 2004, hails from the Opaskwayak Cree Nation. In 2004-2005 he was the Senior Policy Advisor to Ontario's Minister Responsible for Aboriginal Affairs, the first Aboriginal person to hold that position. From 2005 to 2007, Douglas served as a Senior Policy Advisor, to the Attorney General of Ontario, the Hon. Michael Bryant. Douglas' work as a policy advisor included files on Aboriginal land claims, application of the Powley decision to Ontario's Métis, reform of Ontario's Human Rights complaints system (the Human Rights Code Amendment Act, 2006), and issues related to self governing professions, victims of crime, and brownfields redevelopment. Douglas' current interests relate to the theoretical foundations of Aboriginal law, and a return to first principles as a way of righting historic injustices. In the 2003/2004 academic year, Douglas was a Canada-US Fulbright scholar at Columbia University in the City of New York. Contact: d.Sanderson@utoronto.ca]<br /><br />On July 14, Premier Dalton McGuinty announced Ontario's intention to protect half of the great northern boreal forest.<br /><br />At the same time, the premier also announced that any new mining in the North would require the consultation and consent of affected aboriginal people. This news was met with cautious optimism by First Nations, and a surprising degree of acceptance by the Ontario Prospectors Association.<br /><br />In the past six months, Ontario's First Nations and the mining industry have gone head-to-head in court, with several First Nations leaders being sent to jail for protesting mining companies' attempts to prospect or to test drill on the traditional aboriginal lands.<br /><br />First Nations people are asserting the right to be consulted – rights that have been confirmed by the Supreme Court of Canada – and which now require that aboriginal people be involved prior to any government action that could materially affect their aboriginal or treaty rights.<br /><br />Ontario's Mining Act was passed into law in 1873, and the basic structure of the act remains unchanged. Under the act, prospectors can stake claims on Crown land, and then the prospector registers the claim, thereby earning the right to mine.<br /><br />However, most crown land in Ontario is also in the traditional land base of First Nations, and so the Mining Act's outdated provisions have collided head-on with a developing jurisprudence on the duty to consult.<br /><br />As it stands, the Mining Act grants rights to prospectors regardless of whether or not First Nations have been consulted, and the results have played out in Ontario's courts and in fevered protests pitting mining companies against First Nations.<br /><br />McGuinty intends to change all that by announcing the province's intention to revise the Mining Act. Because the act will affect the aboriginal and treaty rights of Ontario's First Nations, First Nations will have to be consulted.<br /><br />The act will have to require early consultation with affected First Nations, and so McGuinty's announcement is, essentially, that he intends to revise the Mining Act so it complies with decisions of the nation's highest court. The decision to revise the Act is neither revolutionary nor prescient – it is simply a matter of doing what the law already requires.<br /><br />Lost in the announcement, however, was the province's intention to create a stream of revenue sharing that would accompany any mining in the North and that will be paid to affected First Nations. The revenue will be paid to First Nations by the province out of licensing and other fees, and not by mining companies themselves.<br /><br />At the announcement, McGuinty said that the province is already beginning to set aside money for this revenue-sharing scheme – a sign that Ontario is serious.<br /><br />This, combined with Impact Benefit Agreements – private contracts between resource companies and First Nations to mitigate the environmental impact of development, to require job creation for aboriginal communities, and sometimes oversight of the projects themselves – could provide a much needed influx of jobs, income and stability in Ontario's north country.<br /><br />It is easy to pan small steps, but it's important to remember it was less than 15 years ago that disputes with Indians in the province were settled the old fashioned way: by the Tactical Response Unit which shot Dudley George to death.<br /><br />The premier's announcement to revise the Mining Act is a small step forward, not a giant leap, but it is part of a pattern of small steps taken by the premier and Aboriginal Affairs Minister Michael Bryant which together signal that, as between First Nations and the province, we may already be in the midst of a quiet revolution.<br /><br />Douglas Sanderson is a visiting scholar and fellow in aboriginal law at the University of Toronto.Unknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-52795543892012654382008-07-21T10:27:00.000-07:002008-07-21T10:30:02.649-07:00Platinex remains in Bizarro World( see Superman comics) Platinex "rights" to 57, 400 acres on KI lands are imaginary.Platinex Supports Go Green Ontario Initiative<br /><br />TORONTO, July 18 /CNW/ - Platinex Inc. (TSX.V:PTX) today announced its support for the Ontario Government initiative to create a protected area in the boreal forest north of 51 degrees latitude and provide local First Nations with more capacity to participate in exploration and development of the non-protected portion of the area, as part of Go Green Ontario (www.gogreenontario.ca).<br /><br />James R Trusler, President and CEO of Platinex Inc. stated, "Platinex holds some 57,400 acres in the McFaulds Lake-Big Trout Lake Belt which is starting to look like a huge nickel, chromium, platinum group element bearing structure. We are one of the larger land holders in the area and providing an environment to allow parties to partner cooperatively is something that Platinex has advocated for a long time. This announcement appears to promise the first step."<br /><br />About Platinex Inc.<br /><br />Platinex is a Canadian exploration company based near Toronto. Platinex focuses on carefully selected Platinum Group Element targets in settings analogous to the JM reef (Stillwater Complex, Montana) and the Merensky and UG2 reefs (Bushveld Complex, RSA). Platinex is determined to find platinum sources to be used in the campaign to eliminate the threat of global warming. Shares of Platinex are listed for trading on the TSX Venture Exchange under the symbol PTX.<br /><br />To receive Company press releases, please email shirley@chfir.com and mention "Platinex" on the subject line.<br /><br />FORWARD-LOOKING STATEMENTS:<br /><br />Except for statements of historical fact, all statements in this news release - including, without limitation, statements regarding future plans and objectives, are forward-looking statements that involve various risks and uncertainties. There can be no assurance that such statements will prove to be accurate; actual results and future events could differ materially from those anticipated in such statements.<br /><br />THE TSX VENTURE EXCHANGE HAS NOT REVIEWED AND DOES NOT ACCEPT RESPONSIBILITY FOR THE ADEQUACY OR ACCURACY OF THIS RELEASE.<br /><br />%SEDAR: 00014019E<br />-30-<br /><br />/For further information: Platinex Inc., James R. Trusler, President & CEO, Tel: (905) 727-9046, Email: jim@platinex.com; CHF Investor Relations, Cathy Hume, CEO, Tel: (416) 868-1079 ext. 231, Email: cathy@chfir.com/<br />,Unknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-35037213199000764882008-07-21T10:20:00.000-07:002008-07-21T10:26:38.868-07:00In Ontario Prospector Fantasy Provincial Land Use Planning Dollars Used to Subsidize Industry Mapping of Mineral PotentialGarry Clark appears to be suffering from a flashback brought on by follies in his long passed youth. If the OPA think that the Land Use Planning dollars will become yet another Operation Treasure hunt subsidy for the industry they will be sadly mistaken.There is a new reality out there Garry. Have another donut. <br /><br />Ont. plan to save boreal forest could benefit mining industry<br />Peter Koven , Canwest News Service<br />Published: Thursday, July 17, 2008<br /><br />TORONTO - The Ontario government's move to block development of half the province's boreal forest ranks among the biggest land-protection initiatives in recent memory. But in a strange twist, it is also a potential positive for the mining industry.<br /><br />The details are still hazy, but Premier Dalton McGuinty announced this week that 225,000 square kilometres of the forest would be set aside for tourism and aboriginal use. All industrial development, including logging and mineral exploration, will be banned on the designated land.<br /><br />Over the next 10 to 15 years, the government will undergo a huge mapping and land-use planning process to identify the places that most need protection.<br />Email to a friendEmail to a friendPrinter friendlyPrinter friendly<br />Font:<br /><br /> * *<br /> * *<br /> * *<br /> * *<br /><br />AddThis Social Bookmark Button<br /><br />In so doing, prospectors are confident they will also find promising mining regions that no one knows about.<br /><br />"Right now, there's no good mapping in the North outside of some rivers and tributaries," said Garry Clark, executive director of the Ontario Prospectors Association (OPA). "If the government feeds a bunch of data in there and can get us better (drilling) targets, then we're way better off."<br /><br />He is confident that if the government puts enough money into the initiative, those targets should be found.<br /><br />"We're not 100 per cent sure they're going to do it properly, so we've got to give it a chance," he said.<br /><br />All the same, the premier's announcement made some of the mayors of northern mining towns nervous, as they fear any kind of slowdown in activity. Many of them witnessed first-hand the downturn in the forestry sector, which devastated some communities.<br /><br />But Michael Gravelle, Ontario's minister of northern development and mines, said development should continue at full force. He said all previously approved activities will be allowed to continue, and the amount of land that will remain open for development is still massive.<br /><br />"It's 225,000 square kilometres, which is one-and-a-half times the size of the Maritimes. It's almost like people don't understand how large the far north 1/8of Ontario 3/8 is," he said in an interview.<br /><br />Currently, only about three per cent of the boreal area has been staked by prospectors and mining companies, said Chris Hodgson, president of the Ontario Mining Association.<br /><br />That activity is concentrated in a few large mining camps, especially Sudbury, Timmins and Red Lake. McFauld's Lake (near James Bay) also emerged as a hot area after a discovery by Noront Resources Ltd. last year.<br /><br />The government is not providing details of what areas will be off-limits to development until the land-use planning process gets underway, and it has a better idea of what needs to be protected.<br /><br />"In essence, it hasn't been picked. It's 50 per cent, that's it," Gravelle said.<br /><br />The boreal forest initiative will be introduced along with an overhaul of Ontario's Mining Act, which mining companies and First Nations groups alike have criticized for a lack of clarity.Unknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-77565076636548666592008-07-19T12:48:00.001-07:002008-07-19T12:48:16.845-07:00Why KI Said No<div xmlns='http://www.w3.org/1999/xhtml'><p><object height='350' width='425'><param value='http://youtube.com/v/QYbSaBH0_1M' name='movie'/><embed height='350' width='425' type='application/x-shockwave-flash' src='http://youtube.com/v/QYbSaBH0_1M'/></object></p><p>We nedd a new "development" model.</p></div>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-2109065074938613032008-07-19T12:45:00.001-07:002008-07-19T12:45:26.066-07:00The Big Questions About Mining and "Resource" Extraction<div xmlns='http://www.w3.org/1999/xhtml'><p><object height='350' width='425'><param value='http://youtube.com/v/OqZMTY4V7Ts' name='movie'/><embed height='350' width='425' type='application/x-shockwave-flash' src='http://youtube.com/v/OqZMTY4V7Ts'/></object></p><p>worth watching!<br /></p></div>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-53049003166587336302008-07-19T04:03:00.001-07:002008-07-19T04:03:59.609-07:00Time for Premier to Take A Boat Ride in the Boreal( at KI)During a round of disarmament negotiations in Geneva, Switzerland, in <br>1982, American negotiator Paul Nitze and his Soviet counterpart, Yuli <br>A. Kvitsinsky, went for an informal stroll in the woods. That led to an <br>arms agreement between the negotiators.<br>I think it is time for the premier to take Chief Morris up on his offer <br>of dialogue.No need for fanfare, no press releases, no entourage, just <br>quietly fly in and get in a boat with the Chief and take a ride and <br>have a talk. Might be the best political move of his career.Unknownnoreply@blogger.comtag:blogger.com,1999:blog-3652457306405420612.post-64017275949507138822008-07-18T15:07:00.000-07:002008-07-18T15:09:36.291-07:00Donny Morris on McGuinty Announcement-Invites Premier to Dialogue-Governent to Governmenthttp://www.kitchenuhmaykoosib.com/<br /><br />compelling!Unknownnoreply@blogger.com