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Both Kitchenuhmaykoosib Inninuwug (KI) Chief Donnie Morris and Nishnawbe-Aski Nation Grand Chief Stan Beardy have mixed feelings about the legislation, which was introduced Thursday. On the one hand, Morris is pleased that Ontario is the first jurisdiction in Canada to recognize aboriginal and treaty rights in its mining legislation. “If they recognize aboriginal treaty rights in the legislation, it‘s opening a door,” he said from Sioux Lookout. But Morris said no government officials have come to his community to discuss the proposed revisions. “That tells me we‘re left out.” Morris and five other KI band members were sentenced to six months in jail in March 2008 for a December 2007 civil contempt of court conviction after the group failed to obey a court order to allow Platinex Inc., a Toronto-based mineral exploration company, to begin drilling on KI traditional lands. They were freed two months later. Beardy said that while he acknowledges the province‘s attempt to address First Nations‘ concerns, he is concerned that the legislation might not fully recognize the rights of First Nations regarding mining on NAN territory. “Our primary concern is that NAN First Nations must have free, prior and informed consent before any activity can take place in their homelands,” he said in a prepared statement. “That‘s the standard expressed in Article 32 of the United Nations Declaration on the Rights of Indigenous Peoples, and that‘s the standard we expect Ontario to meet,‘ Beardy said. In fact, he said no prospecting, staking, exploration or mine development should proceed without a written agreement in place, at the discretion of the First Nation. Part of the legislation states that aboriginal communities would be notified immediately after a claim is staked. Other key areas NAN First Nations want addressed in the legislation include participation in regulations, environmental standards, land use planning, map staking and land designations, and provision of funding and technical resources. Beardy agreed with Morris that there has been a lack of consultation. “We will continue to insist upon a mechanism through which NAN First Nations will be consulted and will have meaningful input into the decision -making process,” Beardy said. “We have a sacred responsibility to future generations to secure the protection of our homelands, which has been the basis of the survival of the people of Nishnawbe-Aski for generations.” Northern Development and Mines Minister Michael Gravelle said the government has had extensive consultations with aboriginal groups. “We had an extremely positive experience working very closely with Grand Chief Beardy and NAN as well as other First Nation organizations across the province,” he said. “And, many of the issues they consider priorities we have included in the legislation,” Gravelle said. “This has been a very positive process and my challenge . . . has been to find a balance which certainly is very much to properly respect the needs and the aspirations of our aboriginal communities while we still maintain a very positive investment climate for the mining industry,” he said. Gravelle said talks have included all aboriginal peoples including Metis and Inuit. “This is the most extensive consultation our ministry has ever been engaged in.” A Goldcorp Inc. spokesman praised Gravelle‘s efforts to modernize the act. “I want to take this opportunity to congratulate Minister Gravelle,” vice-president (Canada and the U.S.) George Burns said in an email to The Chronicle-Journal. “Ontario is recognized internationally as a safe and attractive jurisdiction in which to invest in mining. From what I understand of the proposed legislation . . . the government of Ontario continues to support the mining industry as a cornerstone of Ontario‘s economy while ensuring, as it must, that mining activity is carried out in a sustainable and socially appropriate manner,” Burns said. Goldcorp is one of the world‘s leading producers engaged in gold mining and related activities including exploration, extraction, processing and reclamation. The company‘s operating assets include the Red Lake, Porcupine and Musselwhite gold mines in Canada. Meanwhile, MPP Howard Hampton (NDP-Kenora) said he sees two major flaws in the legislation: consent and revenue sharing. “Despite all the promotion and hype, the so-called new Mining Act fails to deal with two of the fundamental issues,” he said. “Consent was a central issue with KI,” Hampton said. “First Nations are saying ’you can‘t just come and set up a mine in our traditional territory when we say no,‘” he said. Hampton said First Nations are not opposed to mining, but they want a piece of the pie. “The changes to the act totally ignore (revenue sharing).” A spokesman for the Northwestern Ontario Prospectors Association said he doesn‘t have any major concerns about the legislation. “Overall it looks good to me,” said past president John Halet. “It‘s pretty much what I expected. “ They‘ve (government) gone right down the middle of the road and they have to satisfy both sides, First Nations and the industry,” he said. “So politically they‘ve done it correctly and they‘re looking at doing the right thing for the First Nations and the mining industry.” Top of Page |
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September 2, 2010, 8:22 am |