Court gives Constance Lake, Zenyatta time to resolve issues

Create: 12/01/2015 - 19:37

Constance Lake First Nation is claiming an initial victory in its legal battle to stop further mineral exploration drilling in its traditional territory.
“In the interim, there is to be no drilling on sites other than the ones where Zenyatta (Ventures Ltd.) already has its drills set up,” said Oliver MacLaren, legal counsel for the community. “Constance Lake obtained exactly what it was seeking — it was seeking an injunction from having Zenyatta drill any further, and that is exactly what was awarded. Zenyatta is not allowed to move its drill anywhere else.”
The community had filed a court motion in Ontario Superior Court seeking to stop Zenyatta from further exploration drilling in the an area northwest of Hearst. Zenyatta announced the start of a 20,000 metre drill program in the Albany Project in a Feb. 28 press release. 
The company is targeting nickel, copper and platinum group metals in its Albany Project claims, which cover 300,000 acres.
The court motion was heard April 29 in Ontario Superior Court by Justice Sidney N. Lederman, who adjourned court to allow the Zenyatta, Constance Lake and Ontario to meet and attempt to resolve the issue. 
“I am glad to see the court taking these issues seriously,” said Constance Lake Chief Arthur Moore. “We take them very seriously. If exploration is going to occur, it needs to be done right – in a way that is respectful to the land, to our people, and to our rights.”
MacLaren said if the parties can't reach an interim agreement, then they will must head back to court May 11.
Nishnawbe Aski Nation Deputy Grand Chiefs Mike Metatawabin and Terry Waboose took part in Constance Lake’s May 2 peaceful demonstration about 80 kilometres from the community on Hwy. 11 where the Pagwachuan River crosses the highway.
“We are supporting Constance Lake First Nation,” Metatawabin said over satellite phone during the demonstration. “The community should be informed and notified that there is activity going on.”
Metatawabin said about 20-30 community members took part in the demonstration, which was also attended by Hearst mayor Roger Sigouin.
“Government and industry must engage in meaningful dialogue with those First Nations who are directly affected by any activity,” Metatawabin said. “When expectations from all parties are clear, there is less likelihood that conflict will take place.”
Zenyatta stated in a May 2 press release that it has been in discussions and dialogue with Constance Lake for over a year regarding its planned exploration activities. Zenyatta delayed its winter drill program for numerous weeks while those discussions continued, with the objective of reaching a memorandum of understanding with Constance Lake.
The company said it remains committed to on-going good faith dialogue with the Crown and Constance Lake but will defend its rights and interests.
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