Neskantaga’s fight to slow down the Ring of Fire and get First Nation consultation over mining hits a Toronto mining court today.
In a case with serious implications for the speed at which Ring of Fire development occurs, Neskantaga will argue to the Ontario Mining Commissioner that First Nation consultation has to happen before industry can buy and sell land on Neskantaga traditional territory.
The specific case revolves around a mining claim dispute between Cliffs Resources and KWG Resources. Cliffs wants to buy land claims from KWG on which to build its proposed Ring of Fire transportation corridor, but Neskantaga argues that First Nations hold rights to the land superseding those of industry.
“This is about a small First Nation in Northern Ontario standing up against an American mining bully hell bent on making a road and a mine no matter what First Nations say,” said Chief Peter Moonias of Neskantaga in a press release. “The McGuinty government continues to ignore First Nations and is desperate to see this northern Ontario mega project go ahead. We have Constitutional and Aboriginal and treaty rights on our side and we hope the Mining Court can help us put this project on hold so a proper consultation process can begin.”Matthew Kirchner, Neskantaga legal counsel, said that the question before the court is whether a decision on a Ring of Fire road can proceed before First Nation consultation takes place.
“This is a massive project that will open up the Neskantaga homeland for the first time, threatening the Neskantaga’s rivers, fish, wildlife and their very way of life,” Kirchner said. “Ontario and Cliffs have gone a long way down the path towards building this project without Neskantaga input and that is a problem that must be addressed.”
Moonias has come out strongly against Cliffs’ plan to build a $3.2 billion chromite mine, a north-south transportation route and a processing plant in Sudbury since the company and Ontario made the announcement on May 9.
He has stated that he will die before allowing a bridge to be built over the Attawapiskat River.
Moonias’ position has been echoed by a number of other Matawa First Nations, the Nishnawbe Aski Nation and the Mushkegowuk Tribal Council.
In June, six Matawa First Nations issued a moratorium on development in the Ring of Fire region and stated that they will issue eviction notices to industry working in the region.
And Mushkegowuk Grand Chief Stan Louttit has said that Mushkegowuk chiefs are willing to engage in direct action at the Ring of Fire mine sites in support of the Matawa First Nations.
Neskantaga’s press release noted that the July 5 court action is “only the first in many legal and other hurdles facing Cliffs and Ontario.”
The Ontario Mining and Lands Commissioner is a special section of the legal system set up to deal with mining and lands disputes.
If Neskantaga’s appeal on July 5 is successful, the First Nation will become a party to the case before the court that will decide whether Cliffs can access the land claims it needs to build its road, and what the compensation should be for that access.