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here for the Feb 2, 2008 |
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Response
from the Ardoch Algonquin First Nation |
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ARDOCH
ALGONQUIN FIRST NATION (AAFNA) Honourary Chief: Harold Perry |
| February
4, 2008
Rob Ferguson Dear Sir: Re: Uranium Exploration in Ardoch Algonquins’ Territory I am writing in response to your February 2, 2008 letter. We agree that the mediation process has ended without any agreements. The mediated negotiation ended when Mr. Clark, MNDM negotiator, withdrew support for a fundamental understanding which had been agreed upon by all parties and had been the basis for moving forward with a consultation framework. The parties attending the negotiations had agreed that a consultation process must begin with the expectation of a wide range of possible outcomes, one of which might be that no further exploration would take place. AAFN’s collaboration in building a framework for a consultation was predicated on MNDM’s commitment to that principle stated above. When the MNDM negotiator retracted his support for this principle and insisted that the exploration activities, including drilling, must be concurrent with consultation, AAFN saw little reason to continue discussions. Although your letter expressed an interest in beginning consultations with our community in connection with the activities of Frontenac Ventures Corporation, we do not regard your offer as genuine. As we have said repeatedly, it is our view the discussions between Ontario and our community should begin by focusing on whether mineral claims can be registered within AAFN territory and, if so, what types of claims can be registered and what consultations should occur prior to the registration of those claims. Once these discussions have progressed we will be in a position to discuss particular project proposals relating to any lands which remain open for mineral exploration. However, in clear violation of Canadian law which requires consultation with affected First Nation communities prior to the alienation of land which is claimed by them, or the issuance of any exploration rights with respect to those lands, the government of Ontario did not consult with our community before allowing FVC to stake claims and register those claims. The failure to consult with the First Nation community most affected by this program of exploration renders the mineral claims recorded to date invalid. Your letter does not offer to hold any consultations on the staking of mineral claims by FVC, or on whether those claims should be recorded. Nor does your offer to consult allow for any possibility that consultations will lead to a decision that there will be no drilling for uranium on our land. Instead, you only propose to only hold consultations on where FVC will drill and how many holes will be drilled. We are not allowed, in your proposed consultations, to even consider the possibility that there will be no mineral claims on our land and no drilling for uranium. We do not regard this as a genuine offer to consult since the outcome of the consultations has been pre-determined by MNDM. We repeat that we are prepared to begin consultations with Ontario on whether or not mineral claims should be recorded on our land and on whether or not exploratory drilling for uranium should be allowed. Our only pre-condition for beginning consultations is for Ontario to agree that it is just as likely that the consultations will result in a decision not to allow any drilling for uranium as it is that the consultations will result in a decision to allow drilling. Further, we do not believe that there is any likelihood of holding genuine consultations with MNDM, since MNDM is openly and actively committed to promoting the interests of the mining industry in Ontario. Throughout the past seven months, MNDM has proven incapable of taking any position other than full, unconditional support for Frontenac Ventures Corporation, and blind opposition to every compromise suggested by AAFN. If
any true consultations are to occur, they will be lead by the Ministry
of Aboriginal Affairs, not by MNDM.
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