Seven aboriginal protesters granted release by Ontario Appeal Court

May 28, 2008 - 6:28 pm

By: Tobi Cohen, THE CANADIAN PRESS

TORONTO - Moments after the Ontario Court of Appeal decided he'd served enough time behind bars, the last of seven aboriginal protesters jailed over disputes with mining exploration companies walked out of court saying he planned to stroll barefoot in the grass.

The overcrowded courtroom, filled mostly with aboriginal supporters, burst into applause and even a court police officer shook the hand of Ardoch Algonquin First Nation's leader Bob Lovelace who spent 3 1/2 months in jail.

"It feels really good. It feels like justice is on our side," Lovelace said on the front steps of the courthouse, his wife by his side.

"I think I'm going to go out and put my feet in the grass. It's been a long time."

The eastern Ontario aboriginal leader was jailed in February for breaching an injunction that allowed Frontenac Ventures to conduct uranium exploration activities on his community's traditional territory unhindered.

While the ruling does nothing to resolve the dispute, Lovelace said he hoped this "exercise" would prompt the Ontario government to engage in "meaningful" discussion and consultation on the matter which ultimately comes down to an archaic Mining Act that allows companies to stake land anywhere they like.

But Lovelace cautioned he must "continue to protect our land," meaning he may be forced to occupy the disputed territory again if the company decides to proceed with exploration activities - a situation that could land him back in jail.

The court also decided six leaders from Kitchenuhmaykoosib Inninuwug (KI) First Nation had served enough time and ought to maintain their freedom.

They had breached a similar injunction involving the company Platinex Inc., which sought to drill on their land some 600 kilometres north of Thunder Bay, Ont.

Chief Donny Morris, deputy KI chief Jack McKay and members Sam McKay, Darryl Sainnawap, Cecilia Begg and Bruce Sakakeep were granted a temporary release last Friday pending the outcome of Wednesday's sentence appeal.

Chris Reid, a lawyer representing the two aboriginal groups, argued aboriginal law dictates the leadership must uphold the wishes of their community, which in this case, is to stop companies from engaging in mining exploration on their land.

"This is not an isolated case," Reid said. "It's something that's going to occur again and again."

He suggested the aboriginal groups are prepared to discuss the matter, but want the right to say no if they don't like what they hear.

The Appeal Court judges ruled that all seven would have their sentences reduced to time served but reserved their reasons for the ruling.

While lawyers representing the two companies supported the release of the KI 6, they contested Lovelace's release, suggesting he had only to agree to abide by the rules of the injunction.

Lawyer Neal Smitheman argued Lovelace's non-status band had a weak claim to the contested land in the first place which makes it a much different case than that of the KI 6.

Another group of Algonquins have been negotiating a land claim that includes the Ardoch territory for more than a decade but negotiations have "failed miserably," he added.

He suggested it's really a matter for the province to resolve, not the mining companies.

"This is not Frontenac's fight. We are not the villains. We are the victim," he said.

"We're just obeying the law."

As for the KI appeal, Smitheman told the court he was "instructed" by Platinex not to oppose it.

"It does not serve any purpose to keep the leaders of KI incarcerated," he argued.

The groups have repeatedly slammed the province for doing nothing on the matter. Aboriginal Affairs Minister Michael Bryant even walked out of a meeting Tuesday with the KI 6 when the conversation turned to Lovelace's fate, Reid said.

Still, the province's lawyer Malliha Wilson, surprised everyone when she spoke out in support of freeing all seven protesters.

She also sparked a waved of laughter and much confusion among the three-judge panel when she suggested a more appropriate punishment than jail would have been to fine them and direct the money to a trust fund to support their communities.

One judge noted the province's original position was to "impose a fine that hurts," and questioned the sudden change in language which was now promoting reconciliation.

"The words 'hurt' and 'reconciliation' are total opposites," Justice James MacPherson said.

Platinex Commences Lawsuit Against Ontario Government

CNW Group Portfolio E-Mail

PLATINEX INC.

Transmitted by CNW Group on : May 22, 2008 10:55

Platinex Commences Lawsuit Against Ontario Government

TORONTO, May 22 /CNW/ - Platinex Inc. (TSX Venture: PTX) today announced
that it had commenced a lawsuit against the Government of Ontario claiming
$50 million of general damages, $20 million of special damages, plus
interest
and costs. The lawsuit arises out of its mining claims in the Big Trout Lake
area. Platinex has been unable to gain access to its mining claims because
of
actions by Kitchenuhmaykoosib Inninuwug ("KI").
Platinex claims that Ontario failed to discharge its obligation to
consult KI and that it breached its duty to warn Platinex that it would not
enforce the rule of law around the Platinex mining claims. Platinex has
suffered substantial wasted expenditures and economic harm as a result of
not
being able to access its mining claims.

James Trusler, President and CEO of Platinex, stated, "We felt we had no
choice but to file this lawsuit. Our exhaustive efforts in consultation with
KI over nine years have been rejected by KI despite landmark Supreme Court
rulings which have determined that a First Nation does not have a veto and
also despite recommendations of the recent Ipperwash inquiry. Our court
ordered access to the mining claims has not been enforced."

In addition to the pursuit of access to and exploration of the Big Trout
Lake property, Platinex intends to focus its future exploration efforts on
other areas. On April 22, 2008, Platinex announced that it had staked claims
in Ontario at North McFauld's Lake, South McFauld's Lake, Norton Lake,
Awkward Lake, Core Zone and Tib Lake. Platinex also announced that it had
acquired an option on claims in Churchill, MacMurchy and Asquith Townships,
in
Ontario. Additionally, on March 3, 2008, Platinex announced that it had
staked
claims on the Muskox Intrusion, in Nunavut Territory.

About Platinex Inc.

Platinex is a Canadian exploration company based near Toronto. Platinex
focuses on carefully selected Platinum Group Element targets in settings
analogous to the JM reef (Stillwater Complex, Montana) and the Merensky and
UG2 reefs (Bushveld Complex, RSA). Platinex is determined to find platinum
sources to be used in the campaign to eliminate the threat of global
warming.
Platinex also focuses on opportunistic acquisitions in non-PGE projects
which
show promise of near term improvement in value. Shares of Platinex are
listed
for trading on the TSX Venture Exchange under the symbol PTX.

Press Release: KI 6 to be Released Today, Bob Lovelace to Remain Incarcerated

Subject: Press Release: KI 6 to be Released Today, Bob Lovelace to Remain Incarcerated

A motion was heard today in Toronto asking for the immediate release of
political prisoners Bob Lovelace, and the KI 6 pending the appeal of the
sentencing for contempt which will be heard on Wednesday May 28.

Members of KI will be released today because Platinex, the platinum
exploration company operating within their lands prior to the blockade,
agreed to no drilling during this week leading up to the appeal.
Frontenac Ventures, on the other hand, refused to make a similar
guarantee to refrain from exploration work in Algonquin territory. Such
a gesture would have allowed Bob Lovelace to be released pending the
appeal under the same circumstances as KI leaders and council members.
Bob Lovelace, therefore is to remain incarcerated and will be
transported to the appeal hearing on Wednesday.

For more information on what transpired in court today, contact Chris
Reid who is legal council for both Ardoch First Nation and KI.

He can be reached at 1-416-466-9928 or lawreid@aol.com