Manitoba Wildlands  
Constitutional Challenge - Ontario Mining Act 22 June 06

scalesAs a result of an on-going conflict over mining claims in northern Ontario, the Kitchenuhmaykoosib Inninuwug First Nation (KI) launched a landmark lawsuit on May 29, 2006 challenging the constitutionality of Ontario's Mining Act. The case will affect thousands of mining claims across the province and could set a precedent for mining activities throughout the country.

Mining exploration activities are being undertaken by junior mining company Platinex Inc. within the traditional territory of the KI (formerly the Big Trout Lake First Nation). The lawsuit asserts that the company failed to take into account the rights of KI members and will challenge the constitutionality of the Mining Act for giving rise to the conflict. The KI also filed notice that it intends to file a third party claim against the Province of Ontario concerning a $10 billion lawsuit filed by Platinex against the First Nation.

Kitchenuhmaykoosib Inninuwug and eight other First Nations called for a halt to all forestry and mining in their ancestral lands in 2005. Eleven conservation groups have also called for a moratorium until comprehensive land use planning is completed in the northern boreal region.

View the full May 29, 2006 Sierra Legal Defense Fund press release
View news coverage of the KI lawsuit on the Kitchenuhmaykoosib Inninuwug First Nation web site
View the May 28, 2006 Canoe article
View the May 31, 2006 Platinex press release
View the May 18, 2006 Manitoba Wildlands news item

Source: Sierra Legal Defense Fund


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