On July 28, 2006, an interim order was made for mineral exploration company, Platinex Inc. ("Platinex"), to prevent test drilling on the traditional lands claimed by Kitchenuhmaykoosib Inninuwug ("KI"). For several years prior, Platinex engaged in ongoing discussions with members of KI, respecting KI’s claims on the Big Trout Lake Property, and Platinex’s intended exploration and development of those claims. KI had initially been in favour of Platinex’s plans but, after community discussion, declared the moratorium on further development while negotiations and consultation took place. In time, blockades and on-site confrontation ensued.
An important case in the areas of Mining and Indigenous Law in the early years of the duty to consult, this battle was representative of the overarching conflict between the desire to develop rich resources in Ontario's north and the Indigenous perspective that views the land as a sacred legacy to manage and protect.
Fasken represented Platinex resulting in the dismissal of an interlocutory injunction sought to restrain Platinex from conducting archaeology and exploration activities, with a team comprised of Neal Smitheman and Tracy Pratt.
Fasken subsequently negotiated an agreement with the Province respecting Platinex’s mining claims.
Decisions
- Platinex Inc. v. Kitchenuhmaykoosib Inninuwug First Nation, 2006 CanLII 26171 (ON SC)
- Platinex Inc. v. Kitchenuhmaykoosib Inninuwug First Nation, 2007 CanLII 20790 (ON SC)
- Platinex v. Kitchenuhmaykoosib Inninuwug First Nation & A.G. Ontario, 2007 CanLII 16637 (ON SC)
- Platinex Inc. v. Kitchenuhmaykoosib Inninuwug First Nation, 2008 CanLII 11049 (ON SC)
- Platinex Inc. v. Kitchenuhmaykoosib Inninuwug First Nation, 2008 ONCA 533 (CanLII)
- Platinex Inc. v. Kitchenuhmaykoosib Inninuwug First Nation, 2008 ONCA 620 (CanLII)
Jurisdiction
- Ontario
