Kitchenuhmaykoosib Inninuwug First Nation Says Ontario Mining Act Unconstitutional via MiningWatchPublished by MAC on 2006-05-26
Kitchenuhmaykoosib Inninuwug First Nation Says Ontario Mining Act Unconstitutional via MiningWatch Canada
26th May 2006
Kitchenuhmaykoosib Inninuwug First Nation (KI - Big Trout Lake) has today filed documents with the Ontario Superior Court to protect its lands and community from an injunction application and lawsuit for $10 billion by Platinex Inc. KI is challenging the constitutionality of the Ontario Mining Act for failure to provide priority to the exercise of aboriginal and treaty rights for consultation with aboriginal parties and accommodation of their rights and interests.
The documents answer Platinex's lawsuit against KI and counter suing Platinex. The third party claim is against the Province of Ontario and seeks a declaration that the Mining Act regime is unconstitutional and that mining authorizations granted to Platinex should be struck down. There is also an injunction motion against Platinex seeking to stop its drilling activity pending trial.
These materials, and supporting evidence, were all filed with Superior Court of Justice in Thunder Bay, Ontario, Canada, the morning of May 26, and are now public. The third party claim is not actually filed and served at this time, as there is a rule that Ontario must be given 60 days notice before filing any claim against it. That notice was given on May 23, and Ontario is on notice.