To:

To:

Jim Gowans, CEO
DeBeers Canada
Suite 300, 65 Overlea Blvd.
Toronto, ON M4H 1P1
Via Fax To: (416) 429-2462

February 14 2007

Dear Mr. Gowans:

Re: Exploration in Muskrat Dam First Nation Territory by DeBeers Canada

We write in support of Muskrat Dam First Nation's letter of January 30, 2007 requesting that DeBeers Canada cease exploration activities in Muskrat Dam's traditional territory.

Sierra Legal, CPAWS-Wildlands League and Rainforest Action Network have been working closely with the Nishnawbe Aski Nation and its member communities to have the Ontario government implement a new vision for managing public lands in Ontario's northern Boreal region. This vision would include conservation based, community-led land use planning as a cornerstone and certainly as a prerequisite to any new development, including mineral exploration, taking place.

DeBeers Canada entering Muskrat Dam First Nation's goose hunting areas without the prior consent of the community runs contrary to this vision and may constitute a violation of Muskrat Dam First Nation's rights to be consulted prior to exploration activities taking place given that the Crown has not yet consulted with the community with regards to DeBeers' exploration program.

As explained in Muskrat Dam First Nation's letter, it has the right to hunt, trap and fish throughout its traditional territory as guaranteed by Treaty 9. Mineral exploration activities that disturb species that it relies upon to exercise such rights conflicts with Treaty 9 guarantees and could be challenged previous to meaningful consultation between the Crown and the community taking place.

Overall, given recent judicial rulings on the Crown's obligations to meet its constitutional obligations to Aboriginal Peoples, we urge DeBeers Canada to respect Muskrat Dam First Nation's moratorium on mining development and its specific request urging DeBeers to cease exploration work in its traditional territory. Further, we encourage DeBeers Canada to have Ontario meet its treaty obligations to all First Nations and implement land use planning processes to provide certainty to all users of the land and to prevent future conflicts over land access.

Yours truly,

Justin Duncan
Co-ordinating Lawyer Director,
Sierra Legal Defence Fund

Anna Baggio
Conservation Land-Use Planning
CPAWS Wildlands League

Brant D. Olson Director, Old Growth Campaign
Rainforest Action Network

cc. Chief Vernon Morris, Muskrat Dam First Nation, Via Fax To: (807) 471-2540
Deputy Grand Chief Alvin Fiddler, Nishnawbe Aski Nation, Via Fax To:
(807) 623-7730
Rosalind Kainyah, Director Public Affairs, De Beers USA, Via Fax To:
(202) 638-2196
Honourable Rick Bartolucci - Minister of Northern Development and
Mines, Via Fax To: (416) 327-0665
Honourable David Ramsay - Minister of Natural Resources, Via Fax To:
(416) 314-2216
Honourable Laurel Broten - Minister of Environment, Via Fax To: (416) 314-6748
Gord Miller, Environmental Commissioner of Ontario, Via Fax To: (416) 325-3370