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Mining Conflict and Opposition

Absolutism in the Church of Green [Resource opposition] – by Gordon Gibson (Globe and Mail – December 31, 2012)

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.

We either responsibly exploit our natural resources or settle for less health care, 
education and lower pensions. A choice of automatic opposition to resource development
is one option, if that’s what we collectively want. But that choice should be understood
as a public policy question with consequences, not as a religious one of no cost.
(Gordon Gibson – December 31, 2012)

Society has “invented a new religion.” Thus spoke former Quebec premier Lucien Bouchard recently. He described that as the belief that man is wrecking the planet and that the world should return to a more natural state.

Mr. Bouchard was speaking with some frustration of widespread and almost knee-jerk opposition to developing natural resources. Bingo! He’s on to something. The Church of Green?

Religions have certain characteristics. They consist of a body of belief based on faith (as, for example, in God). This faith is not to be challenged, distinguishing religions from other belief sets. Scientific theories, for a counterexample, must always be questioned. Not so with religion. Unwavering faith is the hallmark.

Religions of the sort decried by Mr. Bouchard have high priests who can speak ex cathedra and gain immediate belief. David Suzuki, Al Gore and Amory Lovins, among others, have this otherworldly gravitas. They have their religious orders. Just as there are Jesuits and Benedictines, there are Greenpeace and the Sierra Club.

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Harper’s cabinet mulls massive Chinese resource project in Arctic – by Bob Weber (The Canadian Press/Globe and Mail – December 28, 2012)

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.

Another massive Chinese-owned resource project is before Prime Minister Stephen Harper’s cabinet.

Some time in the new year, four federal ministers are to decide how to conduct an environmental review for the Izok Corridor proposal. It could bring many billions of dollars into the Arctic but would also see development of open-pit mines, roads, ports and other facilities in the centre of calving grounds for the fragile Bathurst caribou herd.

“This is going to be the biggest issue,” said Sally Fox, a spokeswoman for proponent MMG Ltd., a subsidiary of the Chinese state-owned China Minmetals Corp., formerly called Minmetals Resources Ltd.

It would be hard to exaggerate the proposal’s scope. Centred at Izok Lake, about 260 kilometres southeast of Kugluktuk, the project would stretch throughout a vast swath of western Nunavut. Izok Lake would have five underground and open-pit mines producing lead, zinc and copper. Another site at High Lake, 300 kilometres to the northeast, would have another three mines.

MMG also wants a processing plant that could handle 6,000 tonnes of ore a day, tank farms for 35 million litres of diesel, two permanent camps totalling 1,000 beds, airstrips and a 350-kilometre all-weather road with 70 bridges that would stretch from Izok Lake to Grays Bay on the central Arctic coast.

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Crown has to respect treaty rights: Wabauskang Chief Leslie Cameron – by Jon Thompson (Kenora Daily Miner & News – December 24, 2012)

http://www.kenoradailyminerandnews.com/

Facing a lawsuit that could threaten its Phoenix Mine at Red Lake, Rubicon Minerals is not only vowing to fight back in court but to work with Wabauskang First Nation, who launched the suit on Thursday.

Based on an Ontario Superior Court of Justice decision that could redefine harvesting rights in the province, Wabauskang has asked a provincial court to either suspend or entirely cancel the approval of Rubicon’s closure plan, the primary authorization that will allow the company to begin production. The case, known as the Grassy Narrows Trappers’ Decision, found only the federal government can alter treaty agreements. The province has appealed that decision.

“We would rather not go to court, but until Canada and Ontario fulfill their responsibilities to us, we have no choice,” said Wabauskang Chief Leslie Cameron, arguing the province has unlawfully delegated its consultation responsibilities to the company. “Rubicon talks about their consultation, but where’s the government’s consultation? Ontario relied on Rubicon. That’s not right.”

Cameron compared her community’s case to that of Wahogshig First Nation’s case against Solid Gold Resources, which that First Nation argued in court on the same day Wabauskang filed its suit. She said Wabauskang will be closely watching the decision on Wahogshig, which is expected in mid-January 2013.

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First Nation clashes with Red Lake gold miner – by Ian Ross (Northern Ontario Business – December 21, 2012)

Established in 1980, Northern Ontario Business provides Canadians and international investors with relevant, current and insightful editorial content and business news information about Ontario’s vibrant and resource-rich North. Ian Ross is the editor of Northern Ontario Business ianross@nob.on.ca.

A small northwestern Ontario First Nation community is threatening legal action against a Red Lake gold miner which is advancing a high-grade deposit toward an early 2014 startup.

Wabauskang First Nation Chief Leslie Cameron said negotiations for a benefits agreement are not going well between his community of 300 and Rubicon Minerals over its Phoenix Gold project.

The band has instructed its lawyers to file a lawsuit at the Ontario Superior Court opposing Rubicon’s project. While the band is frustrated with the pace of development by the Vancouver-based miner, it has an even bigger bone to pick with the federal and provincial governments.

In a Dec. 17 news release, the band said it has repeatedly reminded and complained to Queen’s Park and Ottawa of its “constitutional obligations to consult and accommodate,” with First Nations on mining and exploration projects. But the band said both levels of government have ignored them and foisted those duties onto the mining companies.

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NEWS RELEASE: Wabauskang First Nation Files Lawsuit Against Ontario and Rubicon

Wabauskang First Nation
Treaty 3
December 20, 2012

Wabauskang First Nation’s lawsuit opposing Rubicon Mineral’s proposed Phoenix Mine at Red Lake, Ontario has been filed at the Ontario Superior Court of Justice.

“We will oppose Rubicon’s mine until our Treaty rights are respected,” said Wabauskang Chief Leslie Cameron. “We would rather not go to court, but until Canada and Ontario fulfill their responsibilities to us, we have no choice.”

Wabauskang’s lawsuit asks the court to either suspend or entirely cancel the approval of the closure plan, which is the primary authorization that will let Rubicon go into production. The lawsuit relies on last year’s court win by Grassy Narrrows First Nation in Keewatin, where the court found that only the federal government can justify an infringement of Treaty rights.

“We know that Ontario has been informing companies that any authorizations they get in the Keewatin lands may not be valid because the court has found that Ontario doesn’t have jurisdiction to issue authorizations. We think Rubicon’s closure plan is an example of an authorization that will ultimately be cancelled by the court.”

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Wabauskang heading to court to stop gold mine – by Shawn Bell (Wawatay News – December 18, 2012)

Northern Ontario’s First Nations Voice: http://wawataynews.ca/

Wabauskang First Nation is preparing to file a lawsuit to oppose Rubicon Minerals’ proposed Phoenix Gold Mine in Red Lake.

The Treaty #3 First Nation says it was left with no choice but to go to court after attempts to work with the company over the past year to address Wabauskang’s concerns failed to resolve the differences.

Wabauskang Chief Leslie Cameron pointed blame over the dispute directly at the federal government. Cameron said the government has passed its duty to consult First Nations onto Ontario and then onto mining companies. “The government has to deal with us directly,” Cameron said. “They can’t hide behind mining companies.”

Cameron said Wabauskang expressed its concerns with Rubicon’s Phoenix Gold Mine project right from the time the project was initiated. Despite those concerns, Ontario approved the mine’s process review in the fall of 2011.

“We didn’t want to go to court, so even though we don’t think Ontario had the authority to approve the mine, we tried to work with the company over the last year to resolve our concerns,” Cameron said. “We’ve been unsuccessful, so we’re forced to go to court to ensure that our interests are protected.”

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Ex-Solid Gold CEO demands apology for being called ‘racist’ – by Jonathan Migneault (Timmins Daily Press – December 18, 2012)

The Daily Press is the city of Timmins broadsheet newspaper.

TIMMINS – The former president of a gold prospecting company has accused two local First Nations chiefs of making “slanderous and defamatory remarks” against him.

Darryl Stretch, the former president of Solid Gold Resources Corporation, has demanded Dave Babin, chief of the Wahgoshig First Nation, and Harvey Yesno, grand chief of the Nishnawbe Aski Nation issue a public apology for comments they made at a press conference in Sudbury in early November.

The Aboriginal leaders referred to Stretch as a “racist” and urged the provincial government to withdraw its support from “radical industry representatives” such as those headed by Solid Gold.

“In the event that you do not respond to this notice, I will take whatever action is available to me,” Stretch said in his letter to Babin and Yesno. Earlier this month, Solid Gold’s board of directors removed as the company’s president and chief executive.

Babin has said he has no plans to respond to Stretch’s request for a public apology. Solid Gold Resources has been engaged in an ongoing conflict with Wahgoshig since the First Nation succeeded in having an injunction imposed against the exploration company, preventing further drilling near the Aboriginal community until a resolution between the parties is reached.

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NEWS RELEASE: Rubicon remains committed to further discussions with Wabauskang First Nation

TSX:RMX | NYSE.MKT:RBY

TORONTO, Dec. 17, 2012 /CNW/ – Rubicon Minerals Corporation (TSX: RMX | NYSE-MKT: RBY) (“Rubicon”) has learned via press reports that, on December 17, 2012, Wabauskang First Nation (“WFN”) instructed its lawyers to file a lawsuit related to Rubicon’s Phoenix Gold Project in Red Lake, Ontario. At this time, since it has received no notice from WFN, the details of its lawsuit are unknown to Rubicon.

By way of background, Rubicon has been engaged in discussions and consultation with WFN since January of 2009. As part its Closure Plan obligations, Rubicon confirmed its intention to continue to consult with WFN with respect to the Phoenix Gold Project.

Rubicon has, in good faith, met with the community representatives of WFN and other Aboriginal Communities to ensure their interests have been heard and incorporated into the planning process. Some of the efforts made by Rubicon with respect to WFN are as follows:

  • as noted above, discussed and consulted WFN directly since January 2009;
  • provided funding to WFN pursuant to its Consultation & Accommodation Protocol for environmental reviews, legal assistance, financial analyses, a traditional use study, travel, per diems and honorariums;

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Mine CEO [Darryl Stretch] accuses chiefs of slander – by Jonathan Migneault (Sudbury Star – December 17, 2012)

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

The president of a gold prospecting company has accused two First Nations chiefs of making “slanderous and defamatory remarks” against him in the media.

Darryl Stretch, the president of Solid Gold Resources Corporation, has given Dave Babin, chief of the Wahgoshig First Nation, and Harvey Yesno, grand chief of the Nishnawbe Aski Nation, until today to issue a public apology for comments they made at a Sudbury press conference on Nov. 7.

“In the event that you do not respond to this notice I will take whatever action is available to me,” Stretch said in his letter to Babin and Yesno. Babin has said he has no plans to respond to Stretch’s request for a public apology. The three parties have feuded over Stretch’s requests to do mining exploration on First Nation territory.

In March, Stretch told the Globe and Mail the Wahgoshig First Nation wanted his company to pay $100,000 to study whether its drilling would be on a burial ground.

“It’s not my obligation to go find arrowheads for those people, period,” Stretch told the Globe. “If they don’t like you, you don’t work. What kind of deal is that? Because I didn’t do it right, the way the Indians wanted me to? Because I didn’t give them money? Because I didn’t beg them for permission to go? It’s just ridiculous, the whole concept.”

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U.S. ruling over Teck’s Trail, B.C. smelter may have ripple effect – by Dene Moore (Globe and Mail – December 17, 2012)

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.

 TRAIL, B.C. — On a beach in northeast Washington state near the Canadian border, Patti Bailey grabs a handful of what looks like sand and rolls the dark grains through her hands.

It’s slag, the grainy waste from the Teck Resources Ltd. lead and zinc smelter in Trail, B.C., about 10 kilometres north of the border.

“They’re little time bombs and they’re releasing zinc, copper, arsenic and other metals into the environment,” said Ms. Bailey, an environmental planner for the Confederated Tribes of the Colville Reservation.

A Washington state judge has ruled that Teck is liable for the costs of cleaning up contamination in the Columbia River south of the border from decades of dumping slag and effluent from the company’s Trail operations.

In a decision announced late last week, Judge Lonny Suko ruled that, “for decades Teck’s leadership knew its slag and effluent flowed from Trail downstream and are now found in Lake Roosevelt, but nonetheless Teck continued discharging wastes into the Columbia River.”

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Why training workers in Canada beats importing them from abroad – by Barrie McKenna (Globe and Mail – December 17, 2012)

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.

OTTAWA — Fast-tracking the entry of foreign workers to toil in Canada’s mines, oil fields and construction sites is certainly expedient. The work is there. So bring them in and get it done, for the sake of the economy. But a rented foreign work force is hardly an enduring solution to a skills shortage that Prime Minister Stephen Harper has called “the biggest challenge our country faces.” At best, it’s a stop-gap.

Labour shortages are now a permanent feature of Canada’s labour landscape. The country is staring at a decade or more of critical labour scarcities as the massive baby boom generation retires and the economy grows. Hundreds of thousands of jobs will go begging for electricians, welders, pipe fitters, heavy equipment mechanics and many other trades.

The federal government’s recent announcement that it intends to bring in an extra 3,000 skilled tradespeople next year may be welcome news for employers.

It’s one thing to bring in foreigners to do jobs Canadians can’t or won’t do. Farmers have been doing it for years to harvest crops. But the program betrays the national interest if it is being used as a cover to import workers whose only asset is a willingness to work for a lot less than Canadians.

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NEWS RELEASE: Wabauskang First Nation Heads to Court Over Rubicon Mineral’s Phoenix Gold Mine Project in Red Lake

 Wabauskang First Nation

Treaty 3
December 17, 2012

Wabauskang First Nation has instructed its lawyers to file a lawsuit at the Ontario Superior Court of Justice opposing Rubicon Mineral’s proposed Phoenix Gold Mine project in Red Lake, Ontario.

“This has been an extremely frustrating process for our First Nation from day one,” said Wabauskang Chief Leslie Cameron. “Despite our concerns that the entire process review was deeply flawed, Rubicon refused to withdraw its mine application last fall and Ontario approved it over our objections. We didn’t want to go to court, so even though we don’t think Ontario had the authority to approve the mine, we tried to work with the company over the last year to resolve our concerns. We’ve been unsuccessful, so we’re forced to go to court to ensure that our interests are protected.”

Relying on last year’s court win by the Grassy Narrows First Nation in Keewatin, Wabauskang has consistently taken the position that only Canada, not Ontario, can justify an infringement of its Treaty rights. Wabauskang has also repeatedly complained to both Ontario and the federal government that constitutional obligations to consult and accommodate have been wrongly delegated to mining companies. Both Ontario and Canada have ignored Wabauskang’s concerns.

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A resourceful man [Bill Gallagher] – by Claudia Cattaneo (National Post/Edmonton Post – December 14, 2012)

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

Bill Gallagher says locking up First Nations support goes a long way to tempering environmental movement opposition

Canada is orchestrating a big push to accelerate development of its natural resources, but behind the hype there is a shifting and tense legal landscape. First Nations are on a big winning streak in the courts that has empowered them to have a say on projects in big parts of the country.

The tension is pushing corporations to spend huge dollars to keep the peace and move projects along in areas First Nations claim as their traditional lands.

But the approach is piecemeal and there have been few consistently successful strategies. Tension, frustration and confrontation abound. Lawyers, consultants and vested interests fuel and feed off the tension, making it hard to come up with solutions.

Many projects worth billions of dollars have been delayed or sunk altogether. They include scores of mining, forestry and pipeline projects such as the now-shelved Mackenzie Valley gas pipeline in the Northwest Territories. The Northern Gateway pipeline could be next unless accommodation is found with opposed First Nations in the B.C. interior and on the coast.

Bill Gallagher, a former federal government regulator, oil and gas lawyer, treaty negotiator, and author of a new book, Resource Rulers, Fortune And Folly on Canada’s Road to Resources, argues there is a better way.

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Bill Gallagher, Author, Lawyer, Consultant and Strategist – Nation Talk Interview (December 11, 2012)

http://nationtalk.ca/ NationTalk speaks to Author, Lawyer, Consultant and Strategist Bill Gallagher. An experienced strategist in the dynamic area of native, government, and corporate relations, he is held in high regard as an authority on the rise of native empowerment in Canada’s resources sector. He is now also the Author of Resource Rulers: Fortune and Folly …

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Where Canadian ‘self-interest’ leads: The Congo example – by Yves Engler (Nelson Daily – December 11, 2012)

http://thenelsondaily.com/

Former Vice President of the Concordia Student Union, Yves Engler is a well-known left-wing journalist. His recenlty published book is called: THE UGLY CANADIAN – Stephen Harper’s Foreign Policy.

Thank you Julian Fantino.

The International Co-operation Minister caused a ruckus last week when he said that the Canadian International Development Agency should actively promote the country’s interests abroad rather than primarily focus on poverty reduction. Fantino defended “aid” that was given to groups partnering with Canadian companies building mines around the world. He said CIDA has “a duty and a responsibility to ensure that Canadian interests are promoted.”

While some commentators suggested the former Toronto police chief stuck his foot in his mouth, we should thank Fantino for his comments because they raise some important questions that Canadians seldom talk about.

How is Canadian foreign policy made? Which countries are we friendly towards and why? Which do we work against and why? What should be the primary purpose of Canadian foreign policy and aid?

As the author of five books on Canadian foreign policy, I know the answers to these questions can be controversial and complex. A short essay is certainly inadequate to properly address the subject.

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