New court victory for the Innu against Rio Tinto (IOC): Quebec Court of Appeal authorizes $900M lawsuit
UASHAT MAK MANI-UTENAM, QC, Jan. 7, 2015 /CNW Telbec/ – The Innu First Nations of Uashat Mak Mani-Utenam and Matimekush-Lac John, whose traditional territory (Nitassinan) covers a large part of North-eastern Quebec and Labrador, celebrated on January 6, 2015 a new legal victory in their 900 million dollar lawsuit targeting the Iron Ore Company of Canada (majority owned as well as operated by the mining giant Rio Tinto).
Rio Tinto (IOC) was seeking to have the case dismissed before trial by arguing that the Innu should have sued the government rather than the company. On September 19, 2014, the Rio Tinto (IOC) motion to dismiss the lawsuit was rejected at first instance by the Quebec Superior Court and the Court of Appeal has now refused to hear an appeal of the judgment by Rio Tinto (IOC).
“Rio Tinto and its subsidiary IOC continue to try to ignore us, just as they always have. IOC’s president even refuses to meet with us personally. But after this judgement, Rio Tinto (IOC) will no longer be able to hide. The highest Court in Quebec has made clear that Rio Tinto’s subsidiary IOC will have to answer in Court for its violations of our constitutionally protected rights, which violations date back to the 1950s”, declared the Chief of Uashat Mak Mani-Utenam, Mike McKenzie.
Despite their 900 million dollar lawsuit and the injunction they are seeking to put an end to the “IOC megaproject”, the Innu have tried time and again to achieve an honourable outcome with Rio Tinto by way of negotiation. The Innu even offered Rio Tinto one last chance to make peace this fall after having organized and carried out a campaign (the “Rio Tinto-IOC must pay its rent” campaign) to educate Rio Tinto on the grave prejudice that the “IOC megaproject” has caused them and continues to cause them.
“While we have made every effort possible to come to an agreement with the company, Rio Tinto (IOC) was more negative than ever this fall. And yet we have had no trouble in coming to terms with all other mining operators on our territory. In this matter, Rio Tinto continues to act as a rogue company: it seems to believe that norms concerning the respect of the rights of First Nations do not apply to it. The fact that Rio Tinto is the only mining company on our lands that acts in such a manner constitutes both an injustice to our peoples as well as an injustice to the other mining companies that act as good corporate citizens on our territory and elsewhere in Canada”, added the Chief of Matimekush-Lac John, Réal McKenzie.
This great legal victory ensures the continuation of the legal proceedings of the Innu against Rio Tinto and its subsidiary IOC and, in addition, serves to confirm that private companies like Rio Tinto (IOC) cannot ignore the rights of First Nations and then simply hide behind government.
For more information on the conflict: http://ioc-riotinto-innu.com/eng/
SOURCE Bureau de la protection des droits et du territoire, ITUM
For further information: Jean-Claude Therrien Pinette, Director, Office for the Protection of Rights and the Territory, ITUM, Cell.: 418-409-5681, jean-claude.pinette@itum.qc.ca
BACKGROUNDER
HISTORY OF RIO TINTO (IOC) IN INNU TERRITORY
The Innu of Uashat mak Mani-Utenam and Matimekush-Lac John share common ancestors but now form two distinct communities and societies within the larger Innu Nation. Their traditional territory, called “Nitassinan” in the Innu language, covers a significant area of Labrador and Northeastern Quebec. Like their ancestors, these two First Nations occupy and inhabit their traditional territory and practice
their Innu way of life, particularly, hunting, fishing, trapping and gathering.
The arrival of Rio Tinto (IOC) in Innu Territory
In the late 1940s, it was in the Nitassinan of the Innu of Uashat mak Mani-utenam and Matimekush-Lac John that the Iron Ore Company of Canada, now majority-owned as well as operated by the mining giant Rio Tinto, started the construction of the IOC iron ore mining megaproject. This megaproject includes:
– 20 abandoned mines in the Schefferville area;
– 9 mines at its mining complex currently operating in Labrador City;
– the QNS&L railway;
– the 3 hydroelectric dams of Menihek, Twin Falls (replaced by Churchill Falls) and SainteMarguerite 2; and
– the IOC port facilities in Sept-Îles.
The “IOC megaproject” permanently devastated the Innu’s Nitassinan and forced the eviction of Innu families from their homeland while illegally dispossessing them of what was the essence of their traditional way of life.
Rio Tinto is in the process of increasing its production capacity at the “IOC megaproject” from 18 to 23 million tonnes of iron ore concentrate and is seeking to open a 10th mine in Labrador City called “Wabush 3”.
Efforts by the Innu to make peace with Rio Tinto (IOC)
For over 4 years now, the two Innu communities have shown great openness and a genuine desire to find an honourable way to settle their conflict with Rio Tinto (IOC), including attempting to negotiate an Impact and Benefits Agreement (IBA) in good faith with representatives of Rio Tinto (IOC), just as they have successfully done with the four other mining companies which operate in their Nitassinan (one of which, ArcelorMittal, has been operating in Innu territory since the 1960s).
Partnership agreements (often called “impact and benefits agreements” or “IBAs”) between natural resource industries and First Nations are now an integral part of the modern economic landscape in Canada. These agreements allow First Nations to address the glaring socio-economic needs in their communities while allowing industry to avoid the costs and risks associated with projects which are subject to unsettled rights claims.
Rio Tinto (IOC) is trying to do everything it can to resist this new reality, which after all, ensures an orderly development of natural resources in Canada, to the benefit of all Canadians. In fact, the behaviour of Rio Tinto (IOC) in this matter is all the more surprising considering that the Supreme Court of Canada just delivered a clear and unequivocal message in the Tsilhqot’in judgment out of British Columbia (in a case similar to that of the Innu against IOC at the Superior Court of Quebec) to governments, as well as to natural resource developers. Indeed, in this historic and highly publicized judgment, the Supreme Court reminded governments and developers that they cannot ignore the rights
of First Nations to their traditional lands and to their natural resources.
Legal action instituted and authorized against Rio Tinto (IOC)
It is in these circumstances that the Innu of Uashat mak Mani-Utenam and of Matimekush-Lac John filed their legal proceedings against Rio Tinto’s subsidiary, IOC, on March 18, 2013, at the Superior Court of Quebec in Montreal. In such proceedings, the Innu invoke their Aboriginal title with regard to the “IOC megaproject” sites, in the same way the Tsilhqot’in First Nation successfully did regarding forestry
operations in their historic victory in the Supreme Court on June 26, 2014. The Innu motion seeks to stop the “IOC megaproject” in Quebec and in Labrador and also seeks compensation for the damages caused by Rio Tinto (IOC), which are evaluated at $900 million.
In this respect, IOC tried to have the case dismissed by trying to convince the Court that the Innu had to sue the governments instead of the company. However, the Superior Court judge at first instance rejected IOC’s motion on September 19, 2014, thereby allowing the Innu to continue their legal proceedings against the company, and on January 6th, 2015, the Quebec Court of Appeal refused to hear an appeal by IOC on the matter.
January 7th, 2015