life down the rabbit hole...

Senate Democrats Criticize Bush, Rumsfeld
By Bill Brubaker, Washington Post Staff Writer
Friday, September 29, 2006; 1:54 PM

Senate Democrats today seized upon revelations in a new book by Bob Woodward, saying it offers compelling evidence that President Bush has misled the public about the war in Iraq.

"We've got a continuing state of denial in a president," said Sen. Carl Levin (Mich.), a reference to the title of the book, "State of Denial."

Woodward's book makes it clear that Bush "took us to war without a plan, conducted war incompetently," Levin said, appearing at a Capitol Hill news conference with other Senate Democrats.

US-Iran Shootout Is Inevitable
by Leon Hadar
September 23, 2006

[excerpt]"Did (Bush) challenge the Iranian bomb program before the world?" he asked. "He did not. He said nothing about it. There will be no UN action, no Security Council sanctions, nothing." And Mr. Frum concluded: "America's dwindling list of Iran options has dwindled further to just two: unilateral military action without any semblance of international approval to pre-empt the Iranian bomb program – or acquiescence in that program."

[excerpt]But investigative journalist Seymour Hersh and other analysts have reported that President Bush and his aides have already ordered the US military to prepare for operation against Iran's nuclear military sites and have also been providing assistance to Iranian exile groups. Indeed, retired Air Force colonel Sam Gardiner, interviewed on CNN, said the Bush administration had already given a "go ahead" to US military operation against Iran.

[excerpt]"In fact, we've probably been executing military operations inside Iran for at least 18 months," Col. Gardner said. "The evidence is overwhelming."

Global warming law, challenges and related bills at a glance
Associated Press

California Gov. Arnold Schwarzenegger on Wednesday signed the nation's first statewide cap on greenhouse gas emissions. It was one of several bills related to global warming that was approved by the Democrat-controlled Legislature this year. A universal cap will have the greatest effect on industries such as power plants, refineries and cement makers.

full article and list can be found here.

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The Rumsfeld Test
Is Washington's strategy killing terrorists faster than it creates them?
Ludwig De Braeckeleer
Published 2006-09-28 07:20 (KST)

On Sunday, U.S. media revealed that a classified National Intelligence estimate asserts that the war in Iraq has worsened the threat of Global terrorism and contributes to the spread of Islamic Radicalism.

In the past, fearing to be perceived as weak on security issues, Democrats had refrained from criticizing Bush's strategy concerning the war in Iraq and the fight against Global Terrorism. But things are changing.

Over the last three days, they have used the document as an opportunity to denounce the debacle in Iraq and the failure of the fight against Global Terrorism.

"Every intelligence analyst I speak to confirms that the Iraq war had contributed to the increased terrorist threat," said Representative Jane Harman of California, the ranking Democrat on the House Intelligence Committee. "Even capturing the remaining top Al Qaeda leadership isn't going to prevent copycat cells, and it isn't going to change a failed policy in Iraq."

Stewart Goes After Bush’s Naivete

The Daily Show host has the perfect rejoinder to Bush’s assertion, regarding the national intelligence estimate, that war critics are “naive.”

watch it here. 

Legal Victory for Kitchenuhmaykoosib Inninuwug First Nation
What's Mine Is Theirs
Kim Petersen
September 03, 2006

(The blockade against Platinex began in February.)

On July 28, Justice G. P. Smith of the Ontario Superior Court resided over the decision hailed as one of the most important victories for Original Peoples in the Ontario justice system. The decision requires the publicly traded Ontario mining exploration company Platinex Incorporated to cease drilling operations in the territory claimed by Kitchenuhmaykoosib Inninuwug (Big Trout Lake) First Nation (KIFN) in northwestern Ontario. The ruling obviates the
$10-billion damage suit Platinex filed against KIFN for opposing drilling on territory that KIFN claims.

The decision could be a bellwether for First Nation rights and may have major ramifications in the manner in which mining and exploratory operations are carried out in Ontario.

"Kitchenuhmaykoosib Inninuwug are excited and pleased that we have been heard," says KIFN Councillor John Cutfeet. Cutfeet believes the ruling is good news for the approximately 1,000 people in KIFN. "This land was given to us by the Creator; it is our past, present and future. Now the Ontario Superior Court has indicated it understood our spiritual, physical, emotional and mental dependence on the land when Justice Smith said, 'The land is the very essence of their being. It is their very heart and soul.'"

"The land not only provides for us, it nurtures us; it is our teacher," continues Cutfeet. "However that gift does not come without obligation; it is our job to stand together to protect the Creator's gift so that the land will continue to be there for all of us. That is what we have done for generations, what we did in signing the Treaty, and what is required of us if we are to live in balance and harmony."

In his statement, Justice Smith concurred:

It is critical to consider the nature of the potential loss from an Aboriginal perspective. From that perspective, the relationship that aboriginal peoples have with the land cannot be understated. The land is the very essence of their being. It is their very heart and soul. No amount of money can compensate for its loss. Aboriginal identity, spirituality, laws, traditions, culture, and rights are connected to and arise from this relationship to the land. This is a perspective
that is foreign to and often difficult to understand from a non-Aboriginal viewpoint.

Smith found that there had been inadequate consultation by Platinex with KIFN. For KIFN, consultation is a community process.

Justice Smith faulted Platinex for gambling that KIFN would do nothing to oppose the company's drilling. For this reason, Smith concluded that Platinex, saddled with a challenging debt burden, is largely to blame for its predicament.

KIFN holds that exploiting the land for resources without planning for the future is irresponsible. "We must look at the bigger picture and look to what this land offers," says chief Donny Morris. "Our resources have been taken from us and we have not benefitted from what has been extracted from our lands to be sold to the rest of the world. Kitchenuhmaykoosib Inninuwug signed a Treaty and that Treaty must be honoured by the Crown. In sharing our land, our views and rights must not only be heard, but be understood so that the land is available to help us, not just those who grow rich at our expense."

"This decision is a huge victory for the Kitchenuhmaykoosib Inninuwug and for the rights of Aboriginal communities throughout the province," says Sierra Legal lawyer Justin Duncan.

As laid out under previous Supreme Court decisions, among them Delgamuukw v. British Columbia and Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage), governments must consult with Original Peoples before moving onto and extracting resources from territory claimed by an Indigenous community.

"The Court has clearly stated that companies like Platinex must respect community interests and cannot steamroll over the rights of Ontario's Aboriginal communities," says Duncan.

Justice Smith noted the absence of the Ontario government, not only during the court proceedings, but also from much of the consultation process with KIFN. Smith stated that the Ontario government has a fiduciary responsibility to KIFN that is not to be delegated to third parties. The Ontario government, nevertheless, determined that Platinex's exploratory activities near KIFN would have inconsequential environmental impact.

The Ontario minister of Northern Development and Mines, Rick Bartolucci, says the judicial decision is still being reviewed. Bartolucci stresses, however, that this particular decision "does not impact the legitimacy of other mining claims in Ontario."

Critics question the legitimacy of this statement, considering that Justice Smith pointed out that the Ontario government has failed to abide by its own laws. "Despite repeated judicial messages delivered over the course of 16 years, the record available in this case sadly reveals the provincial Crown has not heard or comprehended this message and has failed in fulfilling its obligation."

Meanwhile, negotiations are expected to resume between KIFN and Platinex. Both parties are scheduled to meet with Justice Smith in five months to report on their consultations. 

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Mining firm wins injunction to stop native blockade near Dease Lake
Maurice Bridge and Heather Travis, Vancouver Sun
Saturday, September 02, 2006

A B.C. Supreme Court judge granted an injunction and an enforcement order Friday to a Vancouver-based mining company whose development near Dease Lake has been halted by first nations protesters.

Vancouver-based gold-mining firm BCMetals told the court it has all the necessary provincial and federal permits to conduct an exploration program in northwestern B.C., but is being stymied by a roadblock set up by small group of aboriginal elders.

The company was seeking an injunction to stop the blockade, which it painted as the work of a small faction outside local first nations government.

The blockade is preventing the company from moving heavy equipment into the Sacred Headwaters region about 300 kilometres northeast of Prince Rupert, where the Skeena, Nass and Stikine river systems -- critical to West Coast salmon runs -- rise.

The blockade was set up a year ago by the Klabona Keepers Society, an independent organization of elders and other members of the Iskut First Nation who say hauling heavy equipment through Coyote Creek will damage fish-spawning habitat.

But despite Friday's court ruling, the Tahltan are resolved "to stick to their guns," said Ivan Thompson, a community supporter.

Three Retired Officers Demand Rumsfeld's Resignation
By William Branigin, Washington Post Staff Writer
Monday, September 25, 2006; 5:14 PM

Three retired military officers who served in Iraq called today for the resignation of Defense Secretary Donald H. Rumsfeld, telling a Democratic "oversight hearing" on Capitol Hill that the Pentagon chief bungled planning for the U.S. invasion, dismissed the prospect of an insurgency and sent American troops into the fray with inadequate equipment.

The testimony by the three --two retired Army major generals and a former Marine colonel -- came a day after disclosure of a classified intelligence assessment that concluded the war in Iraq has fueled recruitment of violent Islamic extremists, helping to create a new generation of potential terrorists around the world and worsening the U.S. position.

full article here.

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Bush Pushes Nuclear Weapons Development in US
By Sarah Olson, truthout | Report
Friday 01 September 2006

In the face of increased Congressional opposition to US nuclear weapons development, the Bush administration appears to be making an end run around governmental checks and balances. The bizarrely named Divine Strake project is a 700-ton explosive experiment, first scheduled to detonate at the Nevada Test Site in June of this year. Thanks to furious grass-roots opposition to the proposal, Divine Strake has been twice delayed, and is currently projecting a detonation date of no sooner than early 2007.

But as the Department of Defense attempts to justify this explosion, many say the government is simply obfuscating and delaying: the blast, they say, is a simulated nuclear explosion designed to provide important test and calibration data for existing and possibly new nuclear weapons. It will happen at the Nevada Test Site after the elections, and it will kick up a 10,000-foot mushroom cloud potentially full of Cold War-era radioactive dust.

Further, as the UN Security Council deadline for Iran to halt its uranium enrichment program passes, and hostilities throughout the Middle East increase, many find the possible threat of US nuclear weapons development to be an unnecessary exacerbation of hostilities. The Bush administration, they say, is engaging belligerent nuclear swashbuckling, and as a result, it is putting US citizens in danger.

full article here.

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Democrats Target Rumsfeld
Lawmakers to Seek a Vote of No Confidence in Defense Secretary
By Jonathan Weisman, Washington Post Staff Writer
Friday, September 1, 2006; Page A09

Under assault from Republicans on issues of national security, congressional Democrats are planning to push for a vote of no confidence in Defense Secretary Donald H. Rumsfeld this month as part of a broad effort to stay on the offensive ahead of the November midterm elections.

full article here.

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Keith Olbermann: There Is Fascism, Indeed - Video

Keith Olbermann says: "The confusion is about whether this secretary of defense, and this administration, are in fact now accomplishing what they claim the terrorists seek: the destruction of our freedoms, the very ones for which the same veterans Mr. Rumsfeld addressed yesterday in Salt Lake City so valiantly fought. And about Mr. Rumsfeld's other main assertion, that this country faces a 'new type of fascism.' As he was correct to remind us how a government that knew everything could get everything wrong, so too was he right when he said that, though probably not in the way he thought he meant it. This country faces a new type of fascism - indeed."

video link here.

 

 

Written by Rune Geertsen, Upside Down World
Wednesday, 20 September 2006

The powerful Ecuadorian indigenous movement faces one of its biggest challenges yet in the October 15th presidential elections – for the first time they are presenting their own candidate. For them it is not about winning, it is about continuing the indigenous struggle after a great crisis. When the Ecuadorian indigenous movement backed a candidate in the last presidential elections, it was a huge victory that quickly turned into a disaster.

In 2002 Pachakutik, the political arm of the Confederation of Indigenous Nationalities of Ecuador (CONAIE), formed an alliance with Lucio Gutierrez, former coup leader, military man, and a fierce anti-neoliberal. Gutierrez won. Four Pachakutik members were appointed ministers, most notably the indigenous foreign minister, Nina Pacari. Yet only a few months after taking office, Gutierrez shifted to the political right and signed deals with the IMF, thus continuing the country’s neoliberal track. At the same time, he began to subvert the indigenous movement from within.

Pachakutik left the Gutierrez government after only three months in 2003 but the political credibility and the strong organization that the indigenous movement had built up through 20 years of scrupulous work and uprisings was left shattered. Commentators who had once called CONAIE one of the strongest social movements in Latin America started writing obituaries on the movement.

Yet after licking its wounds, CONAIE reorganized and elected their historic leader Luis Macas president. He traveled all over the country outside the media spotlight, and visited indigenous communities with a message: “We are in danger, get ready for a new uprising.” The danger was the government’s plan to sign a free trade agreement with the US, and the indigenous movement was intent on stopping it.

full article can be found here. 

By Gareth Porter
Sep 22, 2006

WASHINGTON - For many months, the administration of US George W Bush has been complaining that Iranian meddling in Iraq is a threat to the country's stability and to US troops. The irony of this publicity campaign over Tehran's alleged bid to undermine the occupation is that Iran may well be the main factor holding up a showdown between militant Shi'ites and US forces.

The underlying reality in Iraq, which the Bush administration does not appear to grasp fully, is that the United States is now dependent on the sufferance of Iran and its Iraqi Shi'ite political-military allies to continue the occupation.

this very well written article can be found here.

Colombia: Epidemic Hits Nomadic Amazon Tribe
Thursday, 21 September 2006, 11:02 am

The nomadic Nukak tribe, who fled their jungle homes after being caught up in Colombia's civil war, have been hit by a flu epidemic.

Almost a quarter of the tribe have fallen ill, and at least three have been taken to hospital in the nearest town.

Experts fear that further epidemics are likely unless the Nukak can be returned to their own territory. Flu and malaria have already killed half the tribe since they were first contacted in 1988; just 500 Nukak survive.

full article here. 

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California Sues GM, Ford, Toyota Over Global Warming
By Karen Gullo and Alan Ohnsman

Sept. 20 (Bloomberg) -- General Motors Corp., Ford Motor Co. and four other automakers were sued by California for making vehicles that contribute to global warming, causing pollution and erosion that costs the state millions of dollars.

full article here.

Wednesday, 20 September 2006, 17:41 GMT 18:41 UK

Venezuela's leader Hugo Chavez has called US President George W Bush as "the devil" in a speech at the United Nations General Assembly.

"The devil came here yesterday," he said, referring to Mr Bush's speech on Tuesday. "It still smells of sulphur today," he added.

full article here. 

Governments Agree to a Renewed Mining Action Plan for Canada
Natural Resources Canada, Government of Canada
Transmitted by CNW Group on : August 30, 2006 06:30

WHITEHORSE, Aug. 30 /CNW Telbec/ - Mines ministers from the
Government of Canada, the provinces and the territories concluded the 63rd Annual Mines Ministers' Conference yesterday by agreeing to a mining Action Plan for Canada.

The federal-provincial-territorial Action Plan will guide intergovernmental initiatives that are critical to the long-term
future of the industry. The goals of the agreement are to strengthen the competitiveness of the minerals and metals industry and to deliver benefits to mining communities across the country.

The ministers pointed to the importance of focussing on clear priorities: advancing the Cooperative Geological Mapping Strategies and improving the regulatory process. The ministers agreed that work be undertaken to improve the efficiency of the regulatory process and the addition of specific timelines for project approvals, while recognizing that environmental protection must continue to be pursued in a rigorous manner.

The ministers issued the following statement: "Mining is a driving force in the Canadian economy. It powers the financial sector and provides significant employment across the country in rural, remote, Aboriginal and northern communities, as well as in large urban centres. It also drives export growth, not only in the minerals and metals sector but also in the service, supply and equipment industries. For Canada to remain a competitive world leader in mining, we need to focus our priorities on innovation, capacity building, improving the taxation and fiscal climate for investment,and branding Canada in international markets. To do this, we are working collaboratively, so that communities in every province and territory can prosper."

The ministers agreed that governments have an important role to play in setting the foundation for a competitive industry. The three themes of the Action Plan are essential to the industry's competitiveness, building on the 2005 Conference, which focused on taking steps to advance viable mining communities.

The annual Mines Ministers' Conference allows industry representatives, stakeholders and governments to continue the dialogue about the minerals and metals industry in Canada. It helps ensure that there are opportunities for Canadians now and in the
future.

The great part about "improve the efficiency of the regulatory process and the addition of specific timelines for project approvals" is that it will no longer be an option to do more in-depth investigation of poorly-planned (never mind poorly-conceived) projects, much less reject undesirable projects. And of course "recognizing that environmental protection must continue to be pursued in a rigorous manner" implies that environmental protection is currently being pursued at all... (Jamie Kneen, Mining Watch Canada)

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Partners Deliver Mining Kit for Aboriginal Communities
Government of Canada
August 29, 2006

WHITEHORSE - A new educational tool will help Aboriginal people make more informed decisions and take advantage of opportunities offered by the mining industry in Canada. Released today in Whitehorse, the Mining Information Kit for Aboriginal Communities describes the mining cycle and identifies the many opportunities that exploration and mining can bring to Aboriginal people.

The information kit is the product of a partnership among the Prospectors and Developers Association of Canada (PDAC), the Mining Association of Canada (MAC), the Canadian Aboriginal Minerals Association (CAMA) and the Government of Canada (Natural Resources and Indian and Northern Affairs).

"This is an excellent tool for Aboriginal people, industry and governments. It ensures that Aboriginal communities have the knowledge they need to participate fully in all aspects of mining," said the Honourable Gary Lunn, Minister of Natural Resources.

"This valuable information kit demonstrates how partnerships between government, industry and Aboriginal organizations play a key role in responsible development of the North," said the Honourable Jim Prentice, Minister of Indian Affairs and Northern Development, and Federal Interlocutor for Metis and Non-Status Indians.

"Canada's mining industry has become the largest private-sector employer of Aboriginal Canadians. This information kit is designed to help Aboriginal communities prepare for, and effectively engage in, new opportunities offered by our sector," stated Gordon Peeling, President and Chief Executive Officer of the MAC.

According to Patricia Dillon, President of the PDAC, "The mineral industry offers excellent employment and business-development opportunities for Aboriginal people, including youth, particularly those in the northern regions of
Canada. The kit contains details about training and the wide range of jobs this industry offers."

Aboriginal communities are increasingly becoming recognized as key contributors to the minerals and metals sector for labour and supplies. This kit was developed to respond to the increasing needs of Aboriginal communities for information products on minerals and metals activities. Approximately 1,200 Aboriginal communities are located within 200 kilometres of 190 producing
mines and 2,100 active exploration properties across Canada.

"A mining project can be a catalyst for positive economic development in an Aboriginal community," said Jerry Asp, vice-President of CAMA. "This information kit will help us better understand mining activities, so that we can make more
informed decisions about our participation in the mining industry."

This project reaffirms the commitment of the partners to work with Aboriginal communities to increase the contribution of the minerals and metals industry to the well-being of Aboriginal people.

The information kit will be available in both English and French, and will be distributed to interested Aboriginal communities across Canada. It is available on each of the partners' Web sites.

i'm sorry, but to me, this just sounds like complete brainwashing propaganda. it seems like it assumes that the aboriginal communities are not capable to make decisions on thier own. 'more informed decisions' is repeated twice in the article, which implies that until this kit was released, the indigenous of canada were 'ignorant' to the 'benefits' of the mining industry, that 'more informed' simply means that mining is the right, civilised thing to do and they need to be swayed to align with our accellerating modern world. terms like 'excellent tool' and 'valuable information kit' as well as 'new opportunities offered by this sector' are all based on the premise that mining is good, in fact, necessary. i want to see a similar excellent valuable information kit sent to the mining companies and the canadian governments to inform them of the often irreversible damage to the environment and cultural conforming which the mining industry directly produces.

... or, better yet, i want to see industry stop, now.

Lawyers Will Subpeona Bush White House in Phone Company Spying Case
8/29/2006 9:29:00 AM

Two lawyers who brought the first lawsuit against the Bush Administration, Verizon and ATT for illegally examining the phone records of virtually every American citizen will announce today that they are serving subpoenas on the Bush White House and on Verizon.

"We are subpoenaing the White House because we have developed evidence that the Bush Administration began unlawful efforts to obtain Americans' private phone records prior to 9/11/01 and the White House must disclose documents relevant to that claim," said Afran. "We believe that Verizon had extensive involvement in illegally disclosing the records of millions of Americans."

"We are going to determine with these subpoenas whether the Bush administration has unlawfully targeted journalists, peace activists, libertarians, members of congress or generated an 'enemies list' by creating the most massive domestic spying operation in America's history," said Mayer.

full article here.

 

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US Cigarettes Have 10% More Nicotine Today Than Six Years Ago
Article Date: 30 Aug 2006 - 9:00am (PDT)

All tobacco brands have been increasing the nicotine dosage in each cigarette steadily during the last six years, says a report from the Massachusetts Department of Public Health. The overall increase has been about 10% during 1998-2004. The higher the nicotine dose, the more hooked you get - it is much more difficult to quit.

The only conclusion one could come to is that the tobacco industry has taken steps to secure sales by making people more addicted.

full article here.

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Palast Charged with Journalism in the First Degree
By Greg Palast
Mon, 11 Sep 2006 23:39:00 -0700

On August 22, for LinkTV and Democracy Now! we videotaped the thousands of Katrina evacuees still held behind a barbed wire in a trailer park encampment a hundred miles from New Orleans. It’s been a year since the hurricane and 73,000 POW’s (Prisoners of W) are still in this aluminum ghetto in the middle of nowhere. One resident, Pamela Lewis said, “It is a prison set-up” – except there are no home furloughs for these inmates because they no longer have homes.

To give a sense of the full flavor and smell of the place, we wanted to show that this human parking lot, with kids and elderly, is nearly adjacent to the Exxon Oil refinery, the nation’s second largest, a chemical-belching behemoth.

So we filmed it. Without Big Brother’s authorization. Uh, oh. Apparently, the broadcast of these stinking smokestacks tipped off Osama that, if his assassins pose as poor Black folk, they can get a cramped Airstream right next to a “critical infrastructure” asset.

So now Matt and I have a “criminal complaint” lodged against us with the feds.

Wednesday, 16 August 2006

Platinex Inc. v. Kitchenuhmaykoosib Inninuwug First Nation, [2006] O.J. No. 3140 (QL), 2006 CanLII 26171, Ontario Superior Court of Justice (G.P. Smith J.), 28 July 2006

The Ontario Superior Court of Justice granted an interim injunction to a First Nation in northwestern Ontario enjoining a company from engaging in any mining exploration activities for five months. The Court also ordered the First Nation to establish a "consultation committee" to negotiate with the exploration company and the provincial government. The Court dismissed the injunction application brought by the exploration company to prevent the Aboriginal community from interfering with its activities.

The case concerned what the Court described as a "clash" between a desire for "the economic development of the rich resources located on a vast tract of pristine land in a remote portion of Northwestern Ontario" and the First Nation's fight to "safeguard and preserve its traditional land, culture, way of life and core beliefs".

The Kitchenuhmaykoosib Inninuwug First Nation (the "KI First Nation") was described as an Ojibwa/Cree First Nation. It was a signatory to the 1929 adhesion to Treaty 9, and occupies a reserve near Big Trout Lake, approximately 380 miles north of Thunder Bay. In May 2000, the KI First Nation filed a Treaty Land Entitlement Claim on the basis that the
calculation of the area of its reserve was improper. It sought further land in its traditional territory.

Platinex Inc. is a junior exploration company in Ontario that is in the business of exploratory drilling. Its main asset is a 100% interest in unpatented mining claims and mining leases near Big Trout Lake. Platinex was granted a number of extensions on these mining claims by the Ontario Ministry of Northern Development and Mines since 1999.

The area of land at issue in the injunction application covers 19 square kilometres of boreal forest near Big Trout Lake. It is not part of the KI First Nation's reserve, but the KI First Nation asserts that this area falls within its "traditional territory" and is therefore part of its Treaty Land Entitlement Claim.

Platinex and the KI First Nation had ongoing discussions since 1999 about the intended exploration and development of the area. In February 2001, the KI First Nation advised Platinex that it wanted a moratorium on all development until proper consultation had taken place. The KI First Nation stated that it was not opposed to development, but wanted
to be a "full partner" and to be fully consulted.

Further discussions were held, but they did not comply with the KI First Nation's consultation protocol. In August 2005, the KI First Nation advised Platinex that all previous agreements were now "null and void". Nevertheless, in October 2005, Platinex made public its mining application on the TSX Venture Exchange and represented that the KI First Nation had "verbally consented" to low impact exploration. By December 2005, Platinex had raised over $1 million in private
placements.

In February 2006, the Chief and Council of the KI First Nation wrote to Platinex advising that members of the community were committed to take any measures necessary to stop exploratory drilling in the area. A number of individuals from the community went to the drilling camp to protest. As noted by the Court, there is a large discrepancy between Platinex and the KI First Nation as to what happened next. Platinex alleged that the protest by the KI First Nation was hostile and threatening, and involved the seizure of equipment and the ploughing of an airstrip. The KI First Nation alleged that the protest was peaceful and involved elderly members and children. Members of the Ontario
Provincial Police were present.

Platinex and the KI First Nation both sought injunctive relief. The Court reviewed the applicable RJR MacDonald test for injunctions as well as materials on the use of injunctions in the Aboriginal context. Justice George P. Smith noted that an injunction is "often not suited" to situations involving Aboriginal issues.

The Court held that both parties were able to satisfy the first prong of the RJR MacDonald test, as there was a serious issue to be tried.

The Court did not agree that Platinex would suffer irreparable harm. The Court found that Platinex had known as early as 2001 that the KI First Nation was not consenting to further exploration. The Court stated:

It is inconceivable that Platinex did not know that KI was strongly opposing any further drilling on the property.

Platinex decided to gamble that KI would not try to stop them and essentially decided to try to steamroll over the KI
community by moving in a drilling crew without notice.

While I accept the evidence of Platinex that it will face insolvency if it cannot complete its drilling by the end of this
year or shortly thereafter, Platinex is, to a large degree, the author of its own misfortune.

The Court held that the "unilateral" actions of Platinex were "disrespectful" of the First Nation's interests and were interpreted as an insult. Such actions were likely motivated by the "severe financial pressure" being felt by Platinex. The Court continued:

For Platinex to now say that it will suffer irreparable harm if an injunction is not granted flies in the face of the equitable basis upon which injunctive relief is premised. The circumstances giving rise to the economic harm that will be potentially suffered by Platinex relate directly to decisions and choices that it made after KI had said that further exploration would be resisted. In making those choices, including the choice to raise funds by means of flow-through shares, and in understating its problems of access to the property, it ignored or was wilfully blind to the concerns and position of the KI community. The financial and time pressures Platinex is now experiencing are self-created and are based on an unreasonable belief that KI would not defend its interests when push came to shove. Platinex had the choice to continue with the process of consultation and negotiation with KI and the Crown and chose not to do so.

The Court held that the KI First Nation satisfied this prong of the RJR MacDonald test for an injunction. The Court stressed that the loss of traditional lands could constitute irreparable harm. The issue of "loss" must be considered from the Aboriginal perspective. The Court was satisfied that, for the KI First Nation, land was important from both a
cultural and spiritual perspective, as it was "the very essence of their being" and their "very heart and soul". He stated:

No amount of money can compensate for its loss. Aboriginal identity, spirituality, laws, traditions, culture, and rights are connected to and arise from this relationship to the land. This is a perspective that is foreign to and often difficult to understand from a non-Aboriginal viewpoint.

The Court also found that the KI First Nation satisfied the "balance of convenience" prong of the RJR MacDonald test. There were two "very unique" aspects in this case: (1) the exploration may take place on lands subject to an ongoing treaty claim; and (2) both Platinex and the provincial Crown chose to ignore the concerns of the KI First Nation. If the exploration were allowed, the KI First Nation's treaty claim could be adversely affected. In regards to the public interest, the Court found that there would not be a loss of employment for a large number of citizens. On the other hand, the public interest favoured the "integrity of the consultation process itself". The Court stated:

A decision to grant an injunction to Platinex essentially would make the duties owed by the Crown and third parties meaningless and send a message to other resource development companies that they can simply ignore Aboriginal concerns.

The grant of an injunction enhances the public interest by making the consultation process meaningful and by compelling the Crown to accept its fiduciary obligations and to act honourably.

Balancing the respective positions of the parties, I find that the balance of convenience favours the granting of an injunction to KI.

In light of Platinex's claim for $10 billion in damages, the Court also considered whether the KI First Nation must provide an undertaking to pay damages in order to obtain an injunction. After reviewing various sources, the Court waived this requirement. Justice G.P. Smith stated:

Large wealthy corporations issuing law suits for many millions of dollars could disentitle First Nations from qualifying from
the right to claim injunctive relief. This result cannot be deemed to be in accordance with the principles of equity.

To disentitle KI to a grant of an injunction in these circumstances cannot be fair or just.

The Court also rejected the argument that the KI First Nation did not have "clean hands" due to the nature of the protest at the drilling camp. The actions of the community members were "understandable", and no violence occurred. There was also no evidence that the KI First Nation had failed to make good faith efforts to consult.

The Court also made strongly-worded comments regarding the glaring absence of the Ontario government in the consultation process. The comments of the B.C. Court of Appeal in the Halfway River First Nation case, concerning the content of the duty to consult, were approved. Justice G.P. Smith stressed that the Crown must make good faith efforts
to negotiate an agreement, and cannot delegate this duty to third parties. The evidentiary record in this case shows that Ontario "abdicated its responsibility", while also granting extensions to Platinex's mining leases despite the KI First Nation's treaty claims. There was no evidence that Ontario "maintained a strong supervisory presence in the negotiations". The Court commented that Ontario ignored its fiduciary role despite the "repeated judicial messages" since the Sparrow decision of 1990. He stated: "this case sadly reveals that the provincial Crown has not heard or comprehended this message and has failed in fulfilling this obligation". One of the unfortunate consequences of the Crown's failure was the resulting "industrial uncertainty".

The Court reviewed the options for the appropriate remedy in this case, such as ordering the creation of a consultative committee (as was the result in the Cheslatta Carrier Nation case), or an injunction. The promotion of "reconciliation" is the ultimate goal. The Court held that the possibility still exists in this case for a negotiated settlement.

The Court ordered that Platinex be enjoined from engaging in exploration at the Big Trout Lake site for five months, at which time the parties will re-attend at the Court. The granting of the interim injunction was conditional upon the KI First Nation releasing any property that had been removed from the drilling camp, and immediately setting up a "consultation committee" to meet with Platinex and the provincial Crown with the objective of developing an agreement with Platinex.