January 25, 2008

Anna Baggio, CPAWS Wildlands League's Director of Conservation Land-Use Planning, travelled to Thunder Bay to support KI in court.  Here we present her report from that trip.

There were many people supporters and members of KI gathered outside the courthouse in Thunder Bay when I arrived, huddling around a drumming circle and heaters.

Supporters gathered outside the courthouse.

Today is the day that KI leaders and members are to be sentenced for being in contempt of court. I entered the courthouse and immediately noticed the increased police presence as well as police officers with metal detectors. While this may be common place in other parts of Ontario, this has never happened before in my previous visits to the Thunder Bay courthouse.  

The lobby of the courthouse was packed and as soon as court resumed, the courtroom filled in too with supporters of KI. It was standing room only. Chief Donnie Morris took the stand to offer evidence to be considered by the judge in his sentencing.

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.”

Young protestors rest their signs while they attend the court proceedings.

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”. The Chief did an amazing job. He was cross examined by the lawyer for Platinex for hours. I don't think we'll see a decision from the judge today.

 Chief Donnie Morris in front of the courthouse, awaiting to testify further.

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.

Chief Morris is fighting not only for his community but for all First Nations and the public interest.

As the Grand Chief of Nishnawbe Aski Nation commented afterwards, “The decision from this case will alter the course of the Canadian history, so this is a very, very important case.” The Grand Chief is right, the battle being waged in this courtroom is about the forced application of archaic and outdated mining laws. 

Grand Chief of Nishnawbe Aski Nation (at right) stands with supporters in front of courthouse.

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.  

I encourage you to lend your support to this community. It is taking up a monumental fight on all our behalf’s at great personal and community cost.

As I had suspected, the submissions from the various parties took most of the day. The judge said he would carefully consider all that he had heard before he handed down sentencing. This likely won’t happen until April.

CPAWS Wildlands League believes the current mining laws are horribly out of date and that a halt to staking is required in the Boreal Forest.

To send a letter to the Premier and other Ministers please click here.