First Nations must be able to have a say - Column by Brian MacLeod

By BRIAN MACLEOD

Updated 1 hour ago

http://www.thesudburystar.com/ArticleDisplay.aspx?e=3348616

A s Ontario cabinet ministers were sworn in Oct. 21, Matawa First Nations were demanding that the environmental assessment (EA) process on the Ring of Fire development must be changed -- and they want an answer by Tuesday.

The Ring of Fire is a 5,120-square-kilometre chromite, nickel, copper platinum and palladium deposit in the James Bay lowlands.

It's possibly the richest undeveloped deposit in the world, maybe even akin to the riches in Sudbury.

Aside from the mining royalties collected by governments, the enormous infrastructure required-- including a $2-billion, 350-km railway -- will provide a hefty economic boost for Ontario.

Cleveland-based Cliffs Natural Resources wants to start processing chromite, which is used to make stainless steel, at its Black Thor deposit in 2015, and Toronto's Noront Resources, which has spent $100 million on exploration in the area, wants to start nickel mining along the same timeline.

Environmental legislation at the federal and provincial levels is being co-ordinated. On Oct. 17, the Canadian Environmental Assessment Agency announced it would initiate a comprehensive study on Cliffs' project, an open pit and underground operation and ore processing facility. That, say Matawa First Nations, is not on. They want a joint-panel process.

Matawa First Nations consists of nine remote and fly-in communities with a combined population of about 8,200. The chiefs think senior levels of government are trying to fast track the EA to help the economy. And since the massive development could have significant environmental impacts -- all-seasons roads, for example, will cross nearly 100 bodies of water -- they want to be more involved.

Larry Innes, who is with a Toronto law firm specializing in environmental and aboriginal issues, works with Matawa First Nations. The comprehensive process, he explained, is largely a paper procedure with written reports and responses.

A joint-panel process would involve First Nations in developing the terms of reference. It would also involve travelling to communities, and taking and making oral presentations. That, said Innes, would allow community members to talk among themselves and consult experts about their concerns.

Development of the Voisey's Bay nickel deposit in Newfoundland and Labrador involved the federal and provincial governments, and the Innu and Inuit in just such a process, said Innes.

"We can't see what Canada and Ontario has to lose by going through a process that has proven successful in other jurisdictions."

Time is the main thing. It's bound to take longer to reach that level of involvement than having experts produce reports after studies, submissions and public meetings.

But governments eager to press ahead could find a lawsuit in their way. Other initiatives, such as non-participation in the process, could also hinder development. If an EA without First Nations input is challenged in court, there is no saying what kind of delays could occur.

The province usually plays the lead role in such an EA process, but Ontario is playing "second chair," in this case, Innes said.

By next week, ministers' briefings will bring them up to speed. Then we'll know whether they believe a collection of tiny, isolated communities represents a genuine David facing the corporate and political Goliath, or whether they think a stone's throw from Matawa First Nations won't stop development.

brian.macleod@sunmedia.ca

http://www.republicofmining.com/