KIASHKE ZAAGING ANISHINAABEK, ON — A First Nation on the western shore of Lake Nipigon is serving notice to mining companies and the Ontario government.
Kiashke Zaaging Anishinaabek, also known as Gull Bay First Nation, "strenuously opposes" the registration of new mining claims in the vicinity of its reserve.
According to a notice made public this week, a large number of claims have recently been registered within an area that KZA has identified for future expansion.
"Given the location of these mining claims and KZA's interest in these lands, the staking of these claims has occurred in violation of KZA's rights under the Constitution Act and in breach of the Crown's duties," the notice stated.
It said the First Nation intends to take all necessary measures to ensure its interest in these lands is respected and protected.
"Right now we're in the midst of settling our land claim," KZA Chief Wilfred King said Wednesday in an interview. "Up until about a month ago, the land was basically clear of all encumbrances, but we've recently found hundreds of mining claims registered. That would have an impact in terms of the lands that we want for our expansion."
He said the community already has an interim agreement with Canada and Ontario to settle the land claim.
"It's unfortunate these claims are being registered without any knowledge to Gull Bay First Nation," King said, adding that he believes exploration firms are unaware of the ongoing negotiations regarding Gull Bay's land claim.
He said he's heard that from one company directly.
According to King, the land where these claims are located may not be available for transfer to KZA.
"So it creates a legal problem not only for Gull Bay First Nation, but also for the mining proponent and for Canada and Ontario."
The chief said KZA has written to Ontario Mines Minister George Pirie about its concerns, but has not received a response.
"They're aware of the problem, and yet they're turning a blind eye to it. We raised the issue two days ago in our meeting with Ontario and Canada. Unfortunately, the way the system exists, there's no way for anybody to intervene because of the staking process that's under the free entry system right now."
King said Gull Bay First Nation takes the position that the process under the Mining Act by which registration of mining claims near the community is permitted is unlawful, and that any claims that may be registered are invalid.
He said the community plans to pursue relief in the courts if necessary.
TBnewswatch requested comment from the minister's office but has not yet received a reply.
