KI denies Platinex access to land

Thursday September 3, 2009

Platinex’s Aug. 26 attempt to resume mineral exploration in Kitchenuhmaykoosib Inninuwug territory was thwarted by traditional fishing activities.

September 3, 2009: Volume 36 #18, Page 1

“They (Platinex) attempted to come to the site,” said KI Coun. Sam McKay, one of the KI6 who were imprisoned in 2008 for standing up for their right to free, prior and informed consent before their traditional territory is mined or explored.

“They were unable to land due to people out on the lake.”

McKay said a number of community members were participating in traditional fishing activities on Nemeigusabins Lake in a boat and a canoe when the Platinex charter plane attempted to land. Video of the attempted landing is posted on the www.kitchenuhmaykoosib.com website.

McKay said the plane flew away to another lake and returned later but was unable to land once again, after which it was seen flying south.

“I am very deeply concerned about what is happening at Nemeigusabins Lake,” said KI Chief Donny Morris. “I am deeply disappointed that the province has not intervened on this matter. We made submissions to the province. The premier never responded to our letter where I asked him for a meeting. I think this is opposite to what he said when he talked about the proposed Far North Act. I was out on Nemeigusabins Lake because I am concerned about the safety of my people and I am concerned about protecting our land. I am glad that our presence on the land reconfirmed our Aboriginal and treaty rights and was peaceful.”

McKay said the Ontario Provincial Police were monitoring the situation from the shore of Nemeigusabins Lake when the Platinex chartered plane attempted to land, and the community has received support from Wapekeka and Bearskin Lake.

KI not willing to take on more debt

“Our priority was to keep Platinex off the land,” McKay said. “We completed what we set out to do yesterday (Aug. 26).”

When KI learned about Platinex’s decision to resume their mineral exploration activities on Nemeigusabins Lake, Morris sent a letter to Premier Dalton McGuinty asking for a meeting, noting Platinex had caused a serious and dramatic disruption a year earlier when it attempted to engage in mining related activities.

“Nemeigusabins Lake has always been an integral part of our Indigenous values and activities,” Morris stated in the Aug. 17 letter, which is posted on the www.kitelecom.myknet.org website. “Our Aboriginal and treaty rights were never taken into account when the provincial government unilaterally issued mining exploration permits for Platinex. We feel this decision must be reconsidered, also in view of the fact that Bill 191 (Far North Act) is proposing that these kinds of areas will be protected under this proposed legislation.”

Platinex has been sending letters to the community stating “they are going to force their way onto our land getting legal support using their Mining Act licenses,” McKay said in a posting on the community’s web site.

Ontario had made a Notice of Motion Aug. 24.

“This is really creating a very crisis situation for my people,” McKay said. “We have no money to fight procedural cases that do not address our Aboriginal and treaty rights. Recognition of our Aboriginal and treaty rights is more a political question than a legal procedural issue.”

KI had attempted to reallocate community funds to pay for legal costs up until Oct. 2007, when the community decided it could no longer participate due to the accumulation of more than $700,000 of debt due to legal costs at the time.

Morris, who served about 68 days in jail with the other KI6 members before the Ontario Court of Appeal set them free, stated in an Aug. 27 response to the Notice of Motion to Attorney General Chris Bentley that the community feels the issue is more political than legal and that Canada and Ontario cannot use the (English only) written texts of the treaty to justify the Mining Act (while not accepting) the fiduciary obligations to protect Aboriginal and treaty rights of indigenous peoples.

“Ontario government and KI need to find a mutually agreeable and peaceful means to resolve our competing land use plans,” Morris said. “The success of Bill 173 and Bill 191 will depend on how the Platinex KI conflict is resolved on the ground.”

Grand Chief Stan Beardy said Nishnawbe Aski Nation recognizes the policy of consultation, accommodation and prior informed consent.

“Each First Nation is autonomous,” Beardy said. “They have the right to determine if they want to enter into resource development on their lands.”

Beardy said NAN has a treaty with the Crown, which speaks about peaceful co-existence and sharing resources.

“We agreed to share the lands and resources with the settlers,” Beardy said.

Meanwhile, the Ontario government wants to work with both KI and Platinex to find a long-term solution.

“We have extended offers to try to get them meeting together over the past number of months and will continue to do that,” said Christine Kaszycki, assistant deputy minister with the Ministry of Northern Development, Mines and Forestry.

Kaszycki said the Notice of Motion was intended to encourage KI and Platinex to seek further direction from Justice Smith prior to Platinex’s attempt to return to their mining claim site on Nemeigusabins Lake.

“Clearly there needs to be some ongoing dialogue and engagement so these types of events don’t occur,” she said.

Platinex did not respond to a request for comments.