Aboriginal and Inuit Mining and Oil/Gas – Page 201

Matawa chiefs ready to work with Ontario government on Ring of Fire – by Shawn Bell (Wawatay News – March 21, 2013)

March 21, 2013

http://www.wawataynews.ca/

Matawa First Nations chiefs met with Ontario’s premier on March 6, in an effort to begin negotiations on working together to develop the Ring of Fire.

Following the meeting, Matawa Chiefs Council announced that it is “ready and willing” to enter into bilateral negotiations with Ontario, so long as the negotiations have a regional focus and are community-driven.

“We are not opposed to development, but we must be involved,” said Neskantaga Chief Peter Moonias. “First Nation rights and inherent responsibilities to the land demand that we are full partners in discussions about exploration, ownership, participation in production and long-term sustainability of our environment, our communities and our futures.”

The meeting at Queen’s Park in Toronto took place less than one month since Kathleen Wynne was sworn in as Ontario’s new premier.

Wynne, the former minister of Aboriginal Affairs, has pledged to give the relationship with First Nations in Ontario improved prominence under her government. In a press release, Ontario said it recognizes the importance of collaborating with First Nations to get the Ring of Fire “right from the beginning.”

“I was honoured to meet with the Matawa chiefs and hear about their priorities and hopes. I look forward to ongoing work between my government and the chiefs and their communities to build a brighter future,” Wynne said.

Quebec Innu file $900-million lawsuit against Iron Ore Co. of Canada – The Canadian Press (Globe and Mail – March 21, 2013)

March 21, 2013

The Globe and Mail is Canada’s national newspaper with the second largest broadsheet circulation in the country. It has enormous influence on Canada’s political and business elite.

MONTREAL – Two Quebec Innu communities have filed a $900-million lawsuit against the Iron Ore Co. of Canada, claiming the miner has violated its rights for nearly 60 years.

The Innu First Nations of Uashat Mak Mani-Utenam (Uashaunnuat) and Matimekush-Lac John (MLJ) said the IOC, which is majority-owned by Rio Tinto, caused harm by operating a large mining complex and railway on traditional territory (Nitassinan) in northeastern Quebec and Labrador since the 1950s without their prior consent.

The mining complex and activities are located in the communities of Schefferville, Labrador City and Sept-Îles.

“IOC and now Rio Tinto are the companies that have inflicted the most harm on the Uashaunnuat and MLJ and caused the most damage to our Nitassinan,” vice-chief Mike McKenzie of Uashat Mak Mani-Utenam said in a statement on Wednesday.

The lawsuit and a motion seeking an injunction to stop all mining activity were filed Monday in Quebec Superior Court. They claim that IOC’s mines and other facilities have ruined the environment, displaced members from their territory and prevented them from practising their traditional way of life.

Lawyer argues Grassy Narrows ruling can help First Nations – CBC News Thunder Bay (March 20, 2013)

March 21, 2013

http://www.cbc.ca/thunderbay/

Bill Gallagher says First Nations can cite “honourable management” in Ring of Fire negotiations

A strategist and lawyer argues the recent court ruling against Grassy Narrows should actually be considered a victory for First Nations.

On Monday, Ontario’s Court of Appeal said the provincial government has the authority to issue logging permits on Grassy Narrows traditional territory, overturning a previous Superior Court decision that had sided with the First Nation.

But lawyer Bill Gallagher said the ruling also defines Ontario’s duty to consult with First Nations on the use of traditional land, and sets out “major obligations” for the Crown — a clarification he said has been missing until now.

“I think it’s a significant win,” Gallagher said, pointing to the court decision’s wording about how the province must use “honourable management” when dealing with traditional First Nations territories.

The ruling states that Ontario “cannot take up lands so as to deprive the First Nation signatories of a meaningful right to harvest in their traditional territories.” It also says the government must consult with First Nations. “That is a pretty pro-native set of rules that the crown now has to follow,” Gallagher said.

NEWS RELEASE: $900 million lawsuit filed against Rio Tinto’s IOC

March 20, 2013

Innu communities of Uashat Mak Mani-Utenam and Matimekush-Lac John defend their aboriginal rights

MONTREAL, March 20, 2013 /CNW Telbec/ – On March 18 at the Quebec Superior Court in Montreal, the Innu First Nations of Uashat Mak Mani-Utenam (Uashaunnuat) and Matimekush-Lac John (MLJ), whose traditional territory (Nitassinan) covers much of northeastern Quebec and Labrador, filed a motion to obtain an injunction against Iron Ore Company of Canada’s (IOC) mining operations in Quebec and Labrador as well as damages for the harm caused to them by IOC estimated at $900 million. IOC’s majority shareholder is Rio Tinto.

“While Rio Tinto is anxious to uphold its image as a model corporate citizen, boasting of its commitment to aboriginal peoples around the world, the Uashaunnuat and MLJ can attest that, in their own experience, these are nothing but empty words. IOC has undertaken all of its projects without the consent of the Uashaunnuat and MLJ, in violation of our rights.

IOC and now Rio Tinto are the companies that have inflicted the most harm on the Uashaunnuat and MLJ and caused the most damage to our Nitassinan” said Vice-Chief Mike McKenzie of Uashat Mak Mani-Utenam.

Since the 1950s, IOC has built and operated a mining mega-project within the Nitassinan in and around what are now Schefferville, Labrador City and Sept-Îles without the prior consent of the Uashaunnuat and MLJ. IOC’s mines and other facilities have ruined the environment of the Uashaunnuat and MLJ, have displaced them from their territory and have prevented them from practicing their traditional activities as well as their traditional way of life.

Canada supports development of first ever on-reserve potash mine [in Saskatchewan] – by Henry Lazenby (MiningWeekly.com – March 20, 2013)

March 20, 2013

http://www.miningweekly.com/page/americas-home

TORONTO (miningweekly.com) – The Canadian federal government and the Muskowekwan First Nation on Tuesday announced the Muskowekwan First Nation potash project had been accepted by the federal government under the First Nations Commercial and Industrial Development Act (FNCIDA), which enables the federal government to enact a provincial regulatory regime to govern commercial and industrial activities within a First Nation reserve.

First Potash Ventures, a partnership between Encanto Potash and Muskowekwan Resources, was working toward developing the mine on the First Nation’s reserve, located 100 km north-east of Regina. The mine was expected to produce up to 2.8-million tons of potash a year over a 50-year-plus lifetime.

The project is expected to provide economic opportunities for the Muskowekwan First Nation, as well as the surrounding area, by providing training and employment opportunities during the construction and operation of the mine.

While the project would become the first on-reserve potash mine in Canada, the proposed Muskowekwan project is the first in Saskatchewan to use FNCIDA to regulate a project on reserve lands.

[Ring of Fire] Chiefs welcome judicial ruling – Star Staff (Sudbury star – March 20, 2013)

March 20, 2013

The Sudbury Star is the City of Greater Sudbury’s daily newspaper.

Matawa First Nations chiefs say they welcome the decision last week to deny motions filed by the federal government and Cliffs Natural Resources in the judicial review of the environmental assessment process in the Ring of Fire.

Nine First Nations launched a legal challenge in November 2011 to the federal environmental assessment process.

The Ring of Fire, located about 500 km northeast of Thunder Bay, is potentially the largest mining development in Northern Ontario, FedNor Minister Tony Clement told chamber officials.

The region has significant deposits of nickel and copper and represents North America’s single largest deposit of chromite, the main ingredient in stainless steel. With mineral content worth an estimated $30 to $50 billion, the Ring of Fire could create up to 5,000 direct and indirect jobs in Northern Ontario alone.

Cliffs Natural Resources of Cleveland — one of a number of companies looking to develop the Ring of Fire — wants to open a chromite mine in northwestern Ontario and ship the ore to a refinery near Capreol. That would create as many as 500 jobs in Sudbury.

Mining firm [HudBay Mining] seeks to end roadblocks – by Bruce Owen and Geoff Kirbyson (Winnipeg Free Press – March 19, 2013)

March 20, 2013

http://www.winnipegfreepress.com/

Heading to court to obtain injunction

One of the biggest employers in northern Manitoba wants a judge to do what the RCMP won’t — stop a Manitoba First Nation from putting up Idle No More roadblocks at its mining sites.

Lawyers for Hudson Bay Mining and Smelting will be in court Wednesday to get an injunction to stop the Mathias Colomb Cree Nation and Chief Arlen Dumas from engaging in any acts that interfere with the mining company and its employees, court documents filed last week in Court of Queen’s Bench say.

HBM&S also wants an order for RCMP to arrest anyone who contravenes that injunction. “I am concerned that if further blockages occur, the RCMP will require a court order to take steps to enforce compliance with HBM&S’s right to access to and from its projects and mining operations in Manitoba,” HBM&S vice-president Brad Lantz said in an affidavit.

Members of the Mathias Colomb Cree Nation have blocked access to the HBM&S Lalor project near Snow Lake twice this year and have threatened to blockade access to the company’s Reed Lake copper mine, 120 kilometres east of Flin Flon.

Lantz said at the two Lalor project blockades RCMP attended, but took no action to restrain protesters from interfering with access to company property.

Tories aim to divide, conquer with envoy who will canvas First Nations on energy projects – by Claudia Cattaneo (National Post – March 20, 2013)

March 20, 2013

The National Post is Canada’s second largest national paper.

There is no deadlier combination for resources developers than opposition from a joint front of environmentalists and First Nations.

In what appears to be a divide-and-conquer strategy, Prime Minister Stephen Harper named a special representative Tuesday to investigate first hand why First Nations in British Columbia are so opposed to energy infrastructure projects, including the controversial Northern Gateway pipeline.

In an announcement from Terrace in northwest B.C., near the Kitimat port that has been earmarked to house major oil and gas export developments, Natural Resources Minister Joe Oliver said Vancouver lawyer Douglas Eyford has been given the task to engage with Aboriginal communities in British Columbia and Alberta and report his findings directly to the Prime Minister. He will present a preliminary report by June 28, and will issue a final report by Nov. 29.

“The goal is clear,” Mr. Oliver said. “Douglas Eyford will help identify opportunities to facilitate greater participation by Aboriginal peoples in resource development while at the same time identifying ways in which Aboriginal peoples can play a greater role in strengthening environmental protection.

“Our government believes that, by working together with Aboriginal peoples, provinces and industry, all Canadians can share in the jobs and prosperity that await us if we act now for the good of Canada.”

B.C. green-lights mine despite Nisga’a Nation’s objections – Canadian Press (Globe and Mail – March 19, 2013)

March 20, 2013

The Globe and Mail is Canada’s national newspaper with the second largest broadsheet circulation in the country. It has enormous influence on Canada’s political and business elite.

VICTORIA — The Canadian Press – The British Columbia government has given the environmental green light to a billion-dollar mine in the province’s northwest over the objections of the Nisga’a Nation, whose traditional territory is home to the mine site.

Provincial environment and mines ministers issued on Tuesday the Environmental Assessment Certificate to Avanti Mining Inc. to revive a mothballed molybdenum mine about 140 kilometres north of Prince Rupert. Government officials agreed the Kitsault Mine could proceed after a review concluded the project isn’t expected to result in any significant adverse effects, based on the company following 34 conditions.

“The environmental assessment process involved a rigorous, thorough review that provided for significant opportunities for the Nisga’a Nation, First Nations, government agencies and the public to provide input,” the government said in a news release. Provincial ministers Terry Lake and Rich Coleman received the referral report on March 1 and had 45 days to render a decision.

But the Nisga’a Nation has been concerned for some time the process has been rushed because of the upcoming May election. As a result, its government filed a notice of disagreement under its historic treaty.

HudBay sues First Nation over Idle No More blockade – by CBC News (March 18, 2013)

March 20, 2013

http://www.cbc.ca/news/business/

A Manitoba First Nation is being sued by Hudson Bay Mining and Smelting for a series of Idle No More protests and blockades.

The company claims protestors from Mathias Colomb Cree Nation (MCCN) caused a safety risk to employees when they blocked the entrance to where the company’s gold, zinc and copper mine is being developed near Snow Lake in January and March.

Protestors claim it was the company that closed the gate. They also disagree it was a blockade. “Actually we didn’t organize blockades. We organized demonstrations where you go and exercise some of our treaty rights on our ancestral lands,” said MCCN Chief Arlen Dumas.

Dumas said HudBay and the Manitoba government should have obtained consent from area aboriginals before going ahead with development. The band never surrendered its rights to the land and resources, he said. Work is well underway on development of the 916-hectare property.

A court hearing on the lawsuit is scheduled for Wednesday. Hudson Bay Mining and Smelting also wants an injuction against any further protests.

Mathias Colomb Cree Nation issues second stop work order to Hudbay – by Ian Graham (Thompson Citizen – March 8, 2013)

March 20, 2013

The Thompson Citizen, which was established in June 1960, covers the City of Thompson and Nickel Belt Region of Northern Manitoba. The city has a population of about 13,500 residents while the regional population is more than 40,000. editor@thompsoncitizen.net

IAN@THOMPSONCITIZEN.NET

Mathias Colomb Cree Nation (MCCN) at Pukatawagan announced March 5 that Chief Arlen Dumas would return to the Lalor Mine near Snow Lake to issue a second stop work order against Hudbay, which operates the mine. A previous stop work order from MCCN was issued to the company and the Manitoba government on Jan. 28.

“Both the province and Hudbay have failed to comply with the order and thus Chief Arlen Dumas is returning to issue a second order,” announced MCCN in a press release.

“This order is issued because: Hudson Bay Mining and Smelting Co., Ltd. And affiliated companies have breached the traditional laws of Missinippi Nehethowak as represented by Mathias Colomb Cree Nation by constructing, operating, and extracting resources from Lalor Mine at Snow Lake without the express permission of the owners Missinippi Nehethowak as represented by Mathias Colomb Cree Nation,” read the stop work order presented on Jan. 28. “WARNING: The failure to stop work, the resumption of work without permission from the Missinippi Nehethowak as represented by Mathias Colomb Cree Nation is punishable by the laws of Mathias Colomb Cree Nation.”

No Confidence [Federal EA for Ring of Fire] – by Jeff Labine (tbnewswatch.com – March 19, 2013)

March 19, 2013

http://www.tbnewswatch.com/

Eli Moonias says he has no confidence in the federal government’s environmental review process.

The chief of Marten Falls First Nation said there appears to be no accountability for the damage caused by the Alberta oil sands and that’s why he doesn’t trust the federal government to do a thorough job in its assessment in the Ring of Fire.

“No one is accountable with what’s happening with the Athabasca River situation,” he said. “I’m told that the poisons that seep into the river are dangerous. It will destroy the river. It will destroy life there. I don’t have confidence in the Canadian Environmental Assessment Agency. I don’t trust them at all.”

He said people have told him that some of the dangerous chemicals being used in the tar sands will also be used in the Ring of Fire.

Although Moonias didn’t know the specific dangerous the supposed chemicals, he said he wants to find out. Moonias was one of many delegates at the annual Matawa First Nations gathering at the Valhalla Inn Tuesday.

The three-day meeting gives elders, chiefs and community members a chance to meet to discuss strategies as well as celebrate successes.

A brighter native future starts with development – by Duncan Hood (Canadian Business – February 18, 2013)

March 19, 2013

http://www.canadianbusiness.com/

Duncan Hood is the editor of Canadian Business.

Financial self-sufficiency must come first.

Are aboriginal Canadians holding the country hostage? There were times over the past few weeks when it felt like it. Especially when commuters were prevented from getting to work, or when Grand Chief Derek Nepinak of the Assembly of Manitoba Chiefs warned that the Idle No More movement was strong enough “to put a stop to resources development in Canada until we get what we need to break the chains of poverty.”

It’s tempting to see the ongoing protest as a simple us-versus-them situation, with aboriginal leaders such as Attawapiskat Chief Theresa Spence on one side and the rest of Canada on the other. But the current battle is actually much less defined—with both natives and non-natives in both camps.

Much of the battle is, in fact, taking place within the aboriginal community itself, between those who believe the solution to aboriginal poverty lies in the past, and those who believe it lies in the future. The first group is more conservative and wants to protect the land from development at all costs. They may not actually believe they can return to subsistence fishing, but they see heritage and tradition as trumping all other considerations, even if it means relying on the federal government for financial support indefinitely.

NEWS RELEASE: A WIN FOR MATAWA FIRST NATIONS CANADA AND CLIFFS LOSE DECISION ON MOTIONS IN LEGAL PROCEEDING

March 19, 2013

Chiefs Reiterate Their Demand For An Immediate Halt to the Current Environmental Assessment Process

THUNDER BAY, ON. MARCH 19, 2013. ‐ Matawa First Nations Chiefs welcome the decision by Madam Prothonotary Aronovitch of the Federal Court to deny motions filed by Canada and Cliffs in the Judicial Review (JR) proceeding that is examining the Environmental Assessment (EA) process in the Ring of Fire. The First Nations launched a legal challenge to the federal EA process for the Cliffs Chromite Project in early November 2011. Cliffs and Canada brought motions challenging some of the evidence of the First Nations in the case. On Friday March 15, 2013, Cliffs and Canada lost their motions on all counts. The Federal Court found that these motions caused “unnecessarily delay” in the proceeding. The court awarded costs to the First Nations, and set the case on an expedited schedule towards a hearing.

“Cliffs needs to halt the current EA process and negotiate an appropriate process with our First Nations. We believe the Court will agree with us on that too.” said Chief Roger Wesley of Constance Lake First Nation.

“What we have now is a paper-based EA process, run completely outside of the communities affected, with no meaningful involvement of First Nations, and is non-transparent. It needs to be made accessible, by holding hearings in the First Nations and using an independent panel. The First Nations have made it very clear that they are willing to negotiate the parameters for an effective EA process,” said Chief Sonny Gagnon of Aroland First Nation.

The Canadian Environmental Assessment Agency decided on a Comprehensive Study EA process in 2011 for the Cliffs Chromite Project. The Matawa First Nations Chiefs have maintained that the process is on the wrong track and for two years have been demanding a better process.

Ontario’s right to issue mining permits upheld in Appeals Court – by Henry Lazenby (MiningWeekly.com – March 19, 2013)

March 19, 2013

http://www.miningweekly.com/page/americas-home

TORONTO (miningweekly.com) – Ontario’s highest court – the Court of Appeal – on Monday overturned the decision of the Ontario Superior Court in the case ‘Keewatin versus Minister of Natural Resources’, giving the province the right to ‘take up’ treaty lands for settlement, mining, lumbering or other purposes.

In 2000, the Grassy Narrows First Nation applied for a judicial review to set aside all licences, permits, management plans and work schedules that Ontario had granted to forester Abitibi-Consolidated, now known as Resolute Forest Products Canada, in 1997.

The First Nation argued the province’s permitting of clear-cut operations in parts of the Keewatin portion of Treaty 3 territory, infringed on the provisions of the treaty they signed in 1873.

The Ontario Court of Appeal ruled that the province did not need the federal government’s approval to take up the lands.

Goldcorp’s Red Lake gold mine, the largest gold mine in Canada, is located within the Keewatin lands and it was granted party intervener status on the appeals case, owing to its operations depending on licences issued by Ontario.

Project developer Rubicon Minerals on Monday said it had been notified of the court’s decision, which it saw as a “very positive” outcome, despite not being a party to the case.