Court Case Involving Big Trout Lake is over for now

Posted by Ahni on February 2, 2008 at 4:41pm 5 comments 3,240 views

Last week, members and supporters of the Kitchenuhmaykoosib Inninuwug (Big Trout Lake) Nation gathered at a Thunder Bay courthouse to witness the proceedings against Chief Donny Morris, councilor Sam McKay, and other community members after they were charged with being in contempt of court for "obstructing the consultation process" last October.

By the looks of things, the proceedings went about as good as we could have expected (though the deck sure does seem to be stacked against the People of Big Trout Lake)... KI Chief Donny Morris was on the stand for a total of 6 hours. Apparently he did such a good job that he ended up being the only person to take the stand. Everyone else adopted his testimony.

According to Anna Baggio, CPAWS Wildlands League's Director of Conservation Land-Use Planning, who traveled to Thunder Bay to support KI in court,

The Chief made it clear his community opposed the drilling and that they had a moratorium in place since 2001. The Chief said his community mandate was to prevent Platinex from going to the site. KI’s position is, "No drilling. We don’t want our environment disturbed. Our hunting areas disturbed. It is our territory..."

When asked by the Platinex lawyer, “What would it take for you to permit Platinex to do some exploratory drilling?” the Chief said, “that’ll be for the membership and the next generation to decide".

Chief Morris said that the teachings of the Elders made it clear they were to share the lands as a governing body. They were to have the same role as Ontario. Platinex tried to argue that KI had surrendered all their rights to the land years ago.

A poignant moment occurred in the proceedings when Chief Morris responded in Cree to Platinex’s lawyer about his understanding of the treaty his community had signed with Ontario. Even the judge was thrown a little. Chief Morris communicating in Cree to people who didn’t understand Cree was exactly what happened to them when the government entered into a treaty with them in English.

In her dispatch, Anna follows this up by pointing to the fact that "It’s time for Ontario to put a halt to all of this and withdraw all of KI’s lands from staking---to put the community mandated moratorium in place. We need a peaceful resolution now."

Truer words have never been spoken--and I can only think to add that such a resolution cannot come from a courthouse, although Justice Smith certainly does an opportunity, even obligation to help bring one. We will see if he does some time in April.

If you'd like more information, here is a Joint Press Release (pdf) dated January 25. As well, you can head over to www.kitchenuhmaykoosib.com.

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5 Comments on "Court Case Involving Big Trout Lake is over for now"

  1. Daff says:March 28, 2008 at 11:35 am

    I think national/international companies and individual persons not from the first nations communities shouldn’t be able to stake mining or otherwise claims within first nations reserve lands.   In this day and age hasn’t enough being learned about how first nations feel about our land? I want to see some support from other first nations shown to these leaders who are in jail for trying to protect thier lands from a company that tried to evict this tribe from thier own lands, so they can rape the land of its resources.

  2. Merce Romanec says:April 11, 2008 at 4:02 pm

    I worked in the mining industry for four years and I know that it is a destructive endeavor, leaving huge environmental problems for generations afterwards so I sympathize with the people of Big Trout Lake to this extent.  But diamond drilling has been going on around this community since the eighties.  Drilling for exploration purposes is minimally invasive and leaves no environmental problems.  My suggestion is this then: make a deal with Platinex to employ Big Trout lake people, take advantage of this company’s largess, and then protest heartily when Platinex decides to mine the property.  You are far more likely to invoke public sympathy successfully for resisting a mine than for drilling operations.  No one wants a defunct mine, with mine acid leaching problems. 

  3. anonymous says:April 27, 2008 at 8:46 am

    Reservations are not self sustained communities. Government funding is essential for their sustainability. If natural resources are not utilized as a contributor towards the Gross National Product the economic system will suffer and potentially result less funding for reservations.

  4. Ahni says:April 27, 2008 at 10:56 am

    anonymous, reservations are not self-sustained because they have been submerged into the “National” economic framework which imposes that dependency.

    Secondly, the so-called generous givings of Canada do not fulfill the needs of those on reserve. Never have. The reason is because the majority goes to administration and government employees (inac, the band councils, etc), then comes infrastructure (2 million dollar schools for example).

    Now, do you know how many are still suffering from asbestos and black mould (inac-funded housing)? And do you know how many reserves still don’t have roads and sewers? And water? How many children can’t have baths because the water hurts their skin? And how many are dying of cancer and other diseases, and how many are suffering from autism and other neurological disorders because THEY LIVE NEAR A MINE OR OIL PROJECT?

    And what about all the companies who are illegally taking the resources, like weyerhauser – who cuts the trees at grassy narrows, giving nothing to the People? The company’s probably made billions… and what? somehow their contribution to the GNP, which then trickles some pennies to a reserve is an equal trade off?

    Meanwhile, the government owes indigenous people BILLIONS upon BILLIONS of dollars, but they refuse to pay that — because, well, Canada desperately wants to get rid of the reservation system and make indigenous people full-fledged Canadians. If they “gave” them all that money though, the people could then invest in themselves, develop their own projects, even create their own economy. Canada can’t be having that now can they?

    No, they need us to continue acting as if we’re wards, prostitutes, really — who have to make sure big daddy Canada stays happy. Otherwise, he can’t feed us leftovers.

    Though you may be unaware of it anonymous, that’s what you’re saying too.

  5. anonymous says:April 27, 2008 at 8:08 pm

    IMHO, paying billions to indigenous people and preventing corporate access to reserve land would not resolve this complex issue.