Ontario settles lawsuit with Platinex (mining company) to drop lawsuit and surrender mining claims in win for Kitchenuhmaykoosib Inninuwug First Nation

The settlement of this lawsuit which gave nothing to the Kitchenuhmaykoosib Inninuwug First Nation, was the end of a protracted struggle led by the Ojicree community to stop uranium exploration on their territory and to assert their sovereignty. Often framed as a struggle for 'better' consulataion process, Kitchenuhmaykoosib Inninuwug viewed it as an assertion of their own sovereignty and the right to say no to activities on their lands which they do not approve of. In October 2005, five First Nations in Treaty 9 territory including KI declared a moratorium on mining exploration in northern Ontario, asserting their sovereignty and voicing their disproval of the Mining Act's free entry system. Disregarding the moratorium, mining company Platinex attempted to set up an exploration camp at Nemeigusabins Lake in February 2006. They were requested to leave by Chief Donny Morris and Councillor Sam McKay and the next day the Company flew in a corporate 'security consultant' and Ontario Provincial Police also showed up. Platinex left and filed an injunction to prevent any KI interference as well as $10 billion in damages against KI, which was the highest in Canadian history. The community decided to try to fight in court, and they won a temporary pause on Platinex drilling on July 27, 2006. However, negotiations were difficult with Ontario and Platinex working together against the First Nation. By May of 2007, the courts decided Platinex could begin drilling against the wishes of the community. In Oct 2007, KI informed the court they would be pulling out of the 'consultation' process as they had spent almost $700,000 on the legal battle and had no more money to spend on it. The community could spend no more money on the legal process and informed Ontario they would "address the Platinex situation ourselves, on the ground." When Platinex notified the community of their intention to come and start drilling, Chief Morris responded “As for your proposed arrival in the community on November 6, 2007, please be advised that the membership of Kitchenuhmaykoosib Inninuwug are reaffirming that your admittance into the community IS NOT allowed and this has been demonstrated to you once before." For this response, on March 17, 2008, KI Chief Donny Morris, Deputy Chief Jack McKay, Councillors Sam McKay, Darryl Sainnawap, Cecilia Begg and staffer Bruce Sakakeep were sentenced to six months in jail for contempt of court. This jailing was very high profile and put their case in the national and international news headlines. Rallies were held and the sovereignty issues facing Grassy Narrows First Nation, and Ardoch Algonquin leader Robert Lovelace banded together to demonstrate against their similar issues. Due to the pressure, Platinex requested their release in court on May 28, 2008. Legal observers described a “complete meltdown” of Ontario’s senior legal counsel in the proceedings at the Court of Appeal. Ultimately, Kitchenuhmaykoosib Inninuwug First Nation won their struggle and it is also recognized as a catalyst in Ontario’s reform
of the Mining Act, which was announced in July 2008; just seven days after the written reasons of the Court of Appeal called the existing mining legislation “archaic.” We encourage you to read a more in depth version of these events and the mining moratorium itself. We also encourage you to view this struggle as Ojicree assertion of their own legal system and rights to the land, not a better consultation process under the colonial system.