5 million to buy out the claims of two other companies, Platinex
and God's Lake Resources, before walling off a 23,000-square-kilometre territory to all exploration in 2012 to prevent further conflicts.
Morris and his council spent 60 days in jail in 2008 for peacefully blocking Platinex
The Court in Platinex
Inc v Kitchenuhmaykoosib Inninuwug First Nation, (2008] 2 CNLR 201,2008 CanLII 11049 (Ont Sup Ct) at para 44 held that "if two systems of law are allowed to exist--one for aboriginals and one for the non-aboriginals, the rule of law will disappear and be replaced by chaos.
Note that in other jurisdictions, the courts have honoured similar requests--an Inuit group in Nunavut contested seismic testing in Lancaster Sound in 2010, and the Kitchenuhmaykoosib Inninuwug First Nation in Ontario prohibited exploration by Platinex
In some cases, the Crown will rely almost exclusively on proponents to engage in consultation and accommodation with First Nations, as was the case in Platinex
Yet, in 2006, the gold mining company Platinex
began exploration in KI territory without the consent of the community, having been granted permission by the Government of Ontario.
The story the author tells of the confrontation in Northern Ontario between Platinex
KI leadership also rejected a compromise proposed by Ontario Aboriginal Affairs Minister Michael Bryant that would have contributed to the band's legal costs and required Platinex
to consult with natives.
had been in consultation for seven years, but the province had almost no involvement until litigation commenced.
The land claim process began following the arrest and incarceration of six KI leaders, including Chief Donny Morris, in 2008 as they protested Platinex
Mining company claims near Big Trout Lake in KI traditional territory.
has been granted the option to acquire the Nabish Lake nickel-copper-PGE property, located 20 kilometres south of Dryden, from Rubicon Minerals.
67) See generally The University of British Columbia, Faculty of Law, "The Canadian Constitutional Duty to Consult Aboriginal Peoples: Platinex