Ontario Had Key To Contempt, Bryant and Co. Chose Not to Use it

Contrary to the exchange below, Minister Bryant had a key to the contempt issue. The key was accepting the January 17th KI proposal or the many other offers put forward by KI in 17 months of negotiations with Ontario. Instead by Ontario's relentless and continuing advocacy for drilling at all costs we were led into the carefully contrived situation where KI had to say no drilling; were compelled to disobey the court order; leading to jail.

It is disingenuous for the Minister to keep saying he wants KI out of jail.What will happen when the KI Six are released? Platinex will still hold its claims and leases. The threat of drilling will not have been removed. At any time Platinex could act on it "legal" rights and provoke a confrontation on the land.

Ontario could have instructed its negotiator at any time over the last 2 or so years to agree that there would be no drilling. Land use planning could have taken place, the TLE claim could have been accepted and so on. But instead they stonewalled at the table likely hoping that Platinex would make good on its promise to go bankrupt or thinking that facing jail KI would cave and make a deal.


But Platinex somehow managed to convince investors to keep fronting them money to run the litigation. And KI never caved and will never cave.

So here we are with no solution in sight.There is only one key to this dispute-no drilling. Drink the kool-aid Mr. Minister and accept the fact that First Nations have the right to say no.

ABORIGINAL AFFAIRS

Mr. Howard Hampton: A question to the Premier: Yesterday, I visited Cecilia Begg, a 58-year-old great-grandmother from Kitchenuhmaykoosib Inninuwug First Nation, who is in jail because the McGuinty government favours mining interests over aboriginal and treaty rights. Can the Premier tell us what public interest in Ontario is served by jailing, for six months, a 58-year-old great-grandmother?

Hon. Dalton McGuinty: To the Minister of Aboriginal Affairs.

Hon. James J. Bradley: You know that's not true, Howie.

The Speaker (Hon. Steve Peters): The Minister of Transport.

Hon. Michael Bryant: With all due respect to the court, I'd say there's no public interest that is in fact met by incarceration under these circumstances. That's why the crown took the position that incarceration should not take place, and that's why the attorney has indicated support for any appeal upcoming, which we do anticipate. We think it's important that these matters are resolved at the negotiating table and not through litigation and certainly not through contempt incarceration orders.

Mr. Howard Hampton: The minister should know that the message that has been received by First Nations is that if they oppose mining exploration or mining development, then what very well may happen to them is that they may go to jail. It's happened to Cecilia Begg. It's happened to five other leaders from Kitchenuhmaykoosib Inninuwug. It's happened to the leadership of Ardoch First Nation. That's the message that's being received by First Nations. It seems to me that if the McGuinty government is serious about changing that message, then it's necessary for the McGuinty government to commit today to the immediate and unconditional release of Cecilia Begg and the other First Nation leaders who have been jailed because they oppose mining development in their territory. Is the McGuinty government prepared to do that-yes or no?

Hon. Michael Bryant: As one former Attorney General to another, you know very well that that can't be done. If it could be done, obviously I'd just pick up that key and I'd put it in the cell and open it up. But he knows very well that that's not how it works. I wish he would stop trying to tell the public otherwise because in fact, that former Attorney General knows very well that the crown opposed incarceration, that the crown supports the appeal and that the government of Ontario does not support the incarceration of First Nations leaders, period. Stop telling people otherwise.