NEW MINING ACT NEEDS FURTHER ACTION TO BE CONSTITUTIONALLY SOUND

October 21, 2009

Today, as the Chiefs questioned representatives of Goldcorp, a multi-national mining company, about their ongoing unauthorized activities in Treaty #3 territory at and around Red Lake, Ontario, the McGuinty government quietly passed Bill 173, An Act to amend the Mining Act, into law. The Grand Council Treaty #3 has largely criticized the process and substance of the new Act, without appropriate action by the Province of Ontario.

The Treaty #3 Chiefs condemn these shallow consultation processes and the overall inaction of the Crown in Right of Ontario to uphold the Honour of the Crown. Clearly, ignoring our specific rights in this new regime is harming the new relationships established with Premier McGuinty’s Ministers Gravelle, Cansfield and Minister of Aboriginal Affairs, Brad Duguid who had recently met with Ogichidaakwe Kelly and gave no indication of the immediate agenda to pass this Bill into Ontario law.

Goldcorp, a shining example of why the regime change was needed, had operated in Red Lake, Ontario without proper consultation with the Anishinaabe Nation in Treaty #3, of which, include communities which are directly and likely, significantly impacted by the environmentally questionable mining practices within the Red lake region.

“It is no coincidence that this is an industry that has to be declared by the Minister as exempt from Environmental Assessment,” states Ogichidaakwe (Grand Chief) Diane Kelly. “We, the Anishinaabe of Treaty #3 have mandated the Grand Council Treaty #3 to regulate industry, especially if the Crown fails to uphold the treaty relationship.”

In the 136 years since Treaty #3 has been signed, in 1873, the leadership of Treaty #3 have lived within the Treaty but for extreme examples where companies and individuals illegally impacted the ability of Treaty #3 rights to exist forever, be it overfishing the lakes and waters, or clear-cutting the forests. From October 20-22, 2009 the Chiefs in Assembly are meeting to consider the issue of mining companies being unauthorized in Treaty #3 territory and, will be resolving to support a legal, political and media strategy centred around litigation.

Northwestern Ontario communities have been hard-hit by forest impacts and the Province of Ontario has highlighted how mining may save municipally based economic development. The First Nations found in Treaty #3 territory have been alienated by land by over-harvesting forestry and are just now getting involved in an industry that has largely failed because it is premised on unsustainable practices. Treaty #3 communities don’t look for Act II of this devastation of resources that are rightfully for the benefit of the Anishinaabe in Treaty #3, and continue to be ignored as rights-holders. Our communities have not benefitted from industry.

Ogichidaakwe Kelly noted, “We walked out of the October 2, 2009 workshop on Bill 173, I have made remarks to the Legislative Committee on General Government in August, 2009 to give the compromised Bill a Failing Grade but, to make recommendations for improvement that, unfortunately this Government never really intended to listen to. Of course, we will do all that is within our power to wake up the Crown to its legal, political and moral obligations.”

QUICK FACTS

• Grand Council Treaty #3 is the traditional government of the Anishinaabe Nation located in the 55,000 square mile territory of Treaty #3. The Grand Council includes 28 First Nations, two of which are located in Manitoba.

• Treaty 3 was signed on October 3, 1873 at the north-west angle of the Lake of the Woods in territory that was, at the time, neither Ontario nor Manitoba.

Grand Council Treaty #3:
Debbie Lipscombe, 807-548-4214
Website: http://www.gct3.net