(The following articles are from the May 1-15, 2008, issue of People's Voice, Canada's leading communist newspaper. Articles can be reprinted free if the source is credited. Subscription rates in Canada: $25/year, or $12 low income rate; for U.S. readers - $25 US per year; other overseas readers - $25 US or $35 CDN per year. Send to: People's Voice, c/o PV Business Manager, 133 Herkimer St., Unit 502, Hamilton, ON, L8P 2H3.)

By Kimball Cariou

There is growing pressure on the Ontario government to overhaul mining laws and policies in the wake of jailings of Aboriginal opponents of mining exploration.

     Six members of the Kitchenuhmaykoosib Inninuwug (KI, Big Trout Lake) First Nation were sentenced March 17 on contempt charges for conducting peaceful protests to defend their traditional lands. A few weeks earlier, Bob Lovelace, a spokesperson for the Ardoch Algonquin First Nation, was sentenced to six months and fined $25,000, for opposing uranium exploration on an unresolved land claim area in eastern Ontario. In addition, the community was fined $10,000 and Chief Paula Sherman $15,000. Leaders of the neighbouring Shabot Obaadjiwan First Nation have been dragged into court and face a $77 million lawsuit against their community.

     KI is an Ojibwa/Cree First Nation in Northern Ontario, and a signatory to Treaty No. 9. The fly-in community of about 1,200 people is located 580 kilometres north of Thunder Bay. In May 2000, KI filed a Treaty Land Entitlement Claim with Ontario and Canada.

      Platinex is a mining exploration company whose claims and leases are within the area at issue. Shortly after filing its claim, KI issued a moratorium on resource development in its traditional territory, including mineral exploration.

     In 2005, KI leadership sent letters to Platinex indicating strong opposition to any development. Platinex did not tell the investing public about these letters, and instead claimed that KI had consented to exploration. Early in 2006, after a Platinex drill team encountered peaceful protesters from KI, the company flew in a private security consultant to organize the drill team's pullout.

     In April 2006 Platinex filed a $10 billion lawsuit for damages against KI, and sought a permanent order preventing the First Nation from interfering with exploration. KI counter-sued Platinex for damages, and has sued the province for a declaration that the Mining Act is unconstitutional, on the grounds that the Act does not recognize and respect Aboriginal and Treaty rights, and does not provide for adequate consultation with First Nations peoples.

     As the legal struggle unfolded, four KI community members - Mark T. Anderson, Darryl Sainnawap, Wallace Mosquito and Dylan Morris - began walking from Pickle Lake to Queen's Park in May 2007 to raise public awareness.

     On May 22, 2007, the courts issued orders imposing a Consultation Protocol, timetable and Memorandum of Understanding upon Platinex, the Government of Ontario and KI. The parties were unable to come to agreement on these items prior to a court-imposed deadline.

     Last fall, Platinex brought a motion for contempt against KI, which was forced to abandon its legal fight, the victim of a legal strategy effectively bankrupting the impoverished community. On March 17, 2008, Justice Smith sentenced KI Chief Donny Morris, Deputy Chief Jack McKay, Sam McKay, Bruce Sakakeep, Darryl Sainnawap, and Cecilia Begg to six months in jail.

     The McGuinty government seems willing to sacrifice Ontario's so-called "new relationship" with First Nations. What's at stake is a multi-billion dollar resource bonanza in the far north, which could be blocked if the 49 communities in Nishnawbe Aski Nation decide to freeze development in the region. Mineral commodity prices are hitting record highs, with gold passing $1000 per ounce.

     Under Ontario's "free entry" policy, all Crown lands are open for mineral operations unless they are specifically withdrawn. There is no requirement that government consult Aboriginal peoples or other land users prior to opening lands for mineral exploration. There is no prior planning to establish which tracts of Crown land are particularly sensitive, or serve as critical habitat for endangered species, or are valued ecosystem components.