Gravelle Says Ont Met Duty to Consult IN KI Case

>
>
> Hansard, March 31, 2008
>
>  
>
> Mr. Howard Hampton: My question is for the Deputy Premier. This past
> Friday, for the first time in the history of Ontario, I understand, I
> actually had to go to a jail to meet with an Ontario First Nation
> leader. Chief Donny Morris of Kitchenuhmaykoosib Inninuwug First
> Nation is in jail because the McGuinty government granted a permit to
> a mining exploration company without first consulting and
> accommodating the First Nation, as required by the Supreme Court of
> Canada. Chief Morris wants to know the answer to one elementary
> question: Why did the McGuinty government give a mining exploration
> permit to a mining company without first consulting and accommodating
> the rights and interests of the First Nation, as you're required to do
> by the Supreme Court of Canada?
>
> Hon. George Smitherman: To the Minister of Northern Development and
> Mines.
>
> Hon. Michael Gravelle: I appreciate the question from the leader of
> the third party. We are obviously very disappointed and saddened by
> the outcome of the dispute between Kitchenuhmaykoosib Inninuwug and
> Platinex, but I do want to say to the leader of the third party that
> we take our duty to consult very seriously. Indeed, we have met that
> duty to consult. That was confirmed by Justice Patrick Smith in his
> May 2007 decision. But we also understand that our duty to consult is
> an ongoing one, and it's one that will require us to continue our
> efforts as we move forward. May I say, as everybody in the Legislature
> knows, my colleague, the Minister of Aboriginal Affairs, has made many
> attempts-three visits up to the community-to try to help find a
> resolution, and we appreciate those efforts. But even before that was
> the case, we had visited the community on a number of occasions.
> Perhaps in the supplementary I'll get an opportunity to explain how
> indeed we have worked so hard to meet that duty to consult.
>
> Mr. Howard Hampton: The McGuinty government has made visits to the
> community, but that is not consultation as required by the Supreme
> Court of Canada. The fact is, the McGuinty government gave a mining
> permit without consulting and accommodating. That has resulted in the
> incarceration of Chief Morris and five other members of the community.
>
> An appeal is now going to be filed with respect to this matter, an
> appeal asking that the sentencing of the First Nation leaders be
> overturned. The McGuinty government says that they want to work with
> First Nations. My question is this: Is the McGuinty government
> prepared to stand today and commit to unconditionally supporting this
> appeal and the release of the KI and Ardoch leadership pending their
> appeals?
>
> Hon. Michael Gravelle: I will refer this to the Attorney General.
>
> Hon. Christopher Bentley: As a former Attorney General, the leader of
> the third party would know it would be inappropriate to comment in
> this place about matters which are before the court and about which
> the present state and the disposition are still unclear. What we can
> say, supporting the comments the minister had made before and the
> Minister of Aboriginal Affairs has said on many occasions is that it's
> the determination of this government to develop the new relationship
> with our First Nations, to work things through in as co-operative a
> fashion as possible. I look forward to the results of the discussions
> by both the Minister of Aboriginal Affairs and the Minister of
> Northern Development and Mines. Hopefully, we will have a very
> productive future for this region of the province.
>