| First Nation Granted Mining Injunction | 09 August 06 |
 Kitchenuhmaykoosib Inninuwug (KI), a remote northern Ontario First Nation community, has won the first stage of a controversial legal battle that could have major repercussions for mining and resource extraction operations. In a landmark decision, Justice G. P. Smith of the Ontario Superior Court ordered the Ontario mineral exploration company, Platinex Inc to halt drilling operations in KI traditional territory for five months while the company and provincial government hold talks with KI. In May 2006, KI launched a lawsuit to counter a $10 billion lawsuit filed against them by Platinex Inc that wants to explore platinum deposits within KI's traditional territory. The basis for KI's lawsuit is that mining exploration activities being undertaken by Platinex fail to take into account legal rights of KI members. It also asserts that Ontario's Mining Act and provincial government policy fail to require adequate consideration of First Nations rights, including regarding the requirement to consult with KI First Nation. In his ruling, Judge Smith acknowledged that "The relationship that aboriginal peoples have with the land cannot be understated. The land is the very essence of their being. It is their very heart and soul. No amount of money can compensate for its loss." The Judge also criticized the Ontario government for having abdicated its obligations by leaving consultation to the company. "Despite repeated judicial messages delivered over the course of 16 years, the evidentiary record available in this case sadly reveals that the provincial Crown has not heard or comprehended this message and has failed in fulfilling this obligation." View the July 31, 2006 Kitchenuhmaykoosib Inninuwug (KI) press release (PDF) & backgrounder (PDF) View the July 31, 2006 joint press release: CPAWS Wildlands League, Sierra Legal Defense Fund & Mining Watch Canada (PDF) View the August 1, 2006 Globe & Mail article View the Judge's Decision in the KI case (PDF) View the Kitchenuhmaykoosib Inninuwug (KI) news item View the Manitoba Wildlands' June 29, 2006 news item View the August 5, 2006 Toronto Star article (DOC) Sources: Kitchenuhmaykoosib Inninuwug (KI), CPAWS Wildlands League, Sierra Legal Defense Fund, Mining Watch Canada, Globe and Mail |
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