fifty different snake oil salesmen say they have an answer for KI.
But remember this isn't an appeal on the duty to consult or the big
issues at stake like the right to say no. This is an appeal of a draconian sentence. The big issues like consent can only be
addressed in a political solution and not by the Courts.
This isn't a story about a lower court judge who made some mistakes on
the legal obligations on consultation that can be corrected on appeal.
And its not a story about some errors made by KIs legal counsel.
KIs legal counsel played the cards they were dealt as well as
any team of legal eagles could have. The first decision was an amazing victory. But any
informed observer knew that the Court was not going to give KI the
right to say no.A juicy deal maybe, no, never.
So lets give up on the idea that KI needs better lawyers or a different
judge.
What they really need is a political decision by Ontario.
And so far Ontario has been silent hoping against hope that this
tempest will remain in the First Nation teapot.
I'm betting that the struggle can't be contained by political inaction.
So far, all Ontario have offered is conditional on drilling.
And KI have said no to drilling.
Why would KI leave jail only to face the fundamental issue later, a
later when their issue would have no national attention?
Better to stay in jail and keep the pressure on Ontario.
Right now I'm betting that KI never acts on their notice of appeal. And
all the interveners will have nothing to intervene in.
So all you lawyers and snake oil salesman out there. Stop presenting
yourself as the KI rescue heroes. This is a political problem and not a
legal one.
