Here is the irony. Ontario screws up in KI leading to litigation and
ultimately jail for the KI Six.
The KI litigation and ensuing controversy becomes a hammer that gets
more deals for First Nations from nervous companies.
Bryant erases Ontario screwups from his memory and now touts all the
deals the screwups led to.
Classic case of unintended consequences now being sold as the
"solution" to restless First Nation problem.
We all know that the various treaty, consultation and accommodation
obligations fall solely on the Crown. But here we have a letter where
the Minister crows about how successful his government has been in to
offloading these "non-delegable duties" onto the private sector.
A private sector that is frankly struggling, confused and uncertain
about how to deal with First Nations and getting no help from the
Ministry of Aboriginal Affairs.
Everybody knows that consultation guidelines, best practices and E3
wont get us to the new Jerusalem of reconcilation. We need a new Mining
Act and sooner.
We can all agree that after the KI litigation you can't drill without a
deal with First Nations.
And in fact even the Ontario Prospectors recognize that it isn't smart
to stake a claim without talks with the affected First Nation(s).
Sure companies have made deals with First Nations. They are not
foolish. Better to make a deal than risk a blockade. Sure First Nations
make deals with companies. Who can afford the litigation needed to
actually protect your rights.
But these "deals" are all over the map when it comes to screening the
projects for impacts on aboriginal and treaty rights, expert review of
the project, legal advice for the First Nation, and compensation for
impacts and benefits to communities.
Bryant is right communities have made deals. NO thanks to Ontario.
http://www.thestar.com/comment/article/412608
LETTER TO THE EDITOR
TheStar.com | comment | Province favours negotiations
Province favours negotiations
Email Story Email story
Print Print
Text Size Text Size Text Size Choose text size
Report Typo Report typo or correction
AddThis
Apr 09, 2008 04:30 AM
Re:B.C. ruling spells trouble
for Ontario mining
Ideas, April 5
It is easy to understand Cameron Smith's concerns with the jailing of
the leaders of Kitchenuhmaykoosib Inninuwug and Ardoch, the result of
conflicts with mining companies. There should be no doubt that the
provincial government opposed jail time and in fact argued for
alternatives.
However, Smith is mistaken when he states that "the McGuinty government
has repeatedly slammed the door on First Nations people trying to
establish their rights to negotiate development in their territories."
In fact, many Ontario First Nations have agreed to work in partnership
with mining and energy companies in a manner that is respectful of both
the environment and their rights.
Negotiated agreements have led to more education, training and skills,
more jobs and significant revenue for First Nations, with full
involvement of the community at every stage of development.
Michael Bryant, Ontario Minister
of Aboriginal Affairs, Toronto
