Volume 7, Number 4 - December 11, 2000
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Volume 7, Number 4 - December 11, 2000
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Stew Fumerton Recently a number of exploration companies have received letters from a First Nation Band in northeastern Ontario. The gist of these letters is that various companies are negligent in not entering into serious discussions with the First Nation about mineral exploration in the First Nation’s traditional territory. These letters go on about the “serious consequences” if discussions do not take place. My immediate reaction to these letters is that there are two problems. Firstly, it is not clear on what basis the companies must enter into consultation for reconnaissance work. Secondly, the letters claiming jurisdiction are originating from a band that is leap-frogging over other First Nation Bands who are closer to the various project areas. Some people, ignoring the treaties, compare this situation with that encountered overseas when exploration companies do deal directly with indigenous people. Personally I don’t believe the overseas comparison is valid. Firstly, in terms of legal title, a company overseas works within the local legal system and mineral title may be granted to a local citizen or village, it may be fraudulently claimed, or there may be genuine confusion on the part of the indigenous people about title. In either case the company can make a decision on the validity of the title and act appropriately to secure title. Secondly, most companies work to obtain the “goodwill” of their new neighbours. This is good business practice but there are no quasi legal obligations to seek such goodwill. It is the quasi legal status here in Ontario that is the problem for exploration companies!
MNR offers mining exploration conditional access across Mowat Landing bridge. Mike Leahey The Mowat Landing bridge has been open only to the forestry industry for several years, despite our continuous objections. Someone however has now seen the light. After several years of discussion before and since the lifting of the Temagami Land Caution, we finally get a break from the MNR. Our MNR District Manager, Craig Greenwood has stuck his neck out a bit on this one, although not without discussing the issues with all parties beforehand. As part of the new forest management plan, we have been offered conditional access across the bridge. It isn’t a huge victory but it is a step in the right direction. This offer is also subject to public comment and challenge as part of the timber management planning process. The Mowat Landing Bridge, west of Haileybury, provides road access to an area north of Lake Temagami. Interested parties may want to express opinions to the District Manager or Planner after reading the actual document at www.northernprospectors.on.ca.
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