Nov. 4, 2007

Dear Premier McGuinty,

Community Coalition Against Mining Uranium (CCAMU) is deeply concerned that the government of Ontario has failed to address issues of funding and compensation for Kitchenuhmaykoosib Inninuwug (KI) during the negotiation process to develop a Memorandum of Understanding.

The Government of Ontario was ordered by Superior court to develop a Memorandum of Understanding. The province has a responsibility to ensure that the KI community is not jeopardized as a result of the negotiations.

CCAMU expresses deep concern that the government of Ontario has not addressed issues of funding and compensation for KI. The rights of First Nations should not be compromised because they have limited resources.

The Ardoch Algonquin First Nation and the Shabot Obaadjiwan First Nation are engaged in an effort to protest drilling for uranium in the Ardoch/Shabot Lake area. They are exercising the right to consultation, and to determine land use that has neither been sold nor surrendered to the Crown. For this protest, they are still faced with a legal suit of $77 million dollars.

The United Nations Declaration on the Rights of Indigenous Peoples Oct. 2007 expresses the concern that indigenous peoples are prevented from exercising their right to resource development in accordance with their own needs and interests.
The UN declaration makes recommendation relevant to the Province of Ontario:
• to consult and cooperate in good faith and to respect the right of First Nations to the conservation and protection of the environment, the lands and resources, and
• to consult and cooperate in good faith in order to obtain the free and informed consent of First Nations prior to the approval of projects affecting First Nations lands or territories.

It is our understanding that an obligation to consult and accommodate is mandated by the Supreme Court of Canada, prior to resource development on land claimed by First Nations as theirs. It is unfair that KI has endured legal costs that have negatively impacted on community programming as a result of insisting that Ontario meet its legal obligation to consult with KI. KI, AAFNA and SOFN have exercised their right to oppose drilling in their respective territories and are facing legal action and adversity. The situation is caused by an outdated Mining Act and the failure of the legal obligation to consult and accommodate.

CCMAU encourages the government of Ontario to prevent future conflicts over land access, and to respect First Nations’ vision for the lands and the right for community-led decisions prior to claim staking and exploration taking place.

Please respond to our concerns when you reply to this letter.

Sincerely,

The Community Coalition Against Mining Uranium