Hearing to stop mining exploration delayed

Wahgoshig First Nation’s attempt to have the courts stop a gold mining company from exploring on its traditional lands was delayed on a conflict of interest claim Dec 1.
Wahgoshig and Solid Gold Resources was back in court Dec. 7 to determine whether the company has an obligation to consult and accommodate Wahgoshig before exploring for resources on traditional land.
The court case was delayed after lawyers for Solid Gold said the judge hearing the case – a former Crown attorney – was in conflict because he used to work for the government and the case involved the government.
Wahgoshig Chief David Babin was not impressed with the delay, considering his band is trying to halt Solid Gold’s ongoing exploration drilling on property Wahgoshig calls “sacred ground.” The delay gives the company at least another week to continue its work.
Babin pointed blame for the situation at both the company – which he said has a total lack of respect for First Nations rights – and the government for failing to prevent Solid Gold’s exploration work despite its lack of consultation with Wahgoshig.
“We went through all the process, doing everything legally, and it’s basically fallen on deaf ears,” Babin said. “The Crown seems to be protecting the interests of industry. We’re fighting a system that doesn’t take an interest in First Nations concerns.”
Babin said the free entry system for mineral exploration has to change.
“Once (industry) are onto our territory they have free access to do whatever they want,” he said.
Wahgoshig, a First Nation on the Quebec-Ontario border near Kirkland Lake, first discovered Solid Gold on its traditional lands in the spring of 2011.
Babin said the band repeatedly sent letters to the company asking for consultation meetings, but received no response.
In November 2011, after urging by the Ontario government, Solid Gold did meet with the community. Babin said the company’s president, Darryl Stretch, refused to halt drilling or exploration work even temporarily.
Since then exploration work has continued unabated.
In a press release Solid Gold said it would continue drilling on the site while the court proceedings take place.
“Solid Gold is vigorously defending its legal rights to conduct exploratory activities on the property without interruption,” the press release stated.
Wahgoshig’s lawyer, Kate Kempton of Olthius Kleer Townshend, said the government has the ability to stop the company from doing the work, but has chosen not to.
She said Section 35 of the Canadian Constitution and the Ontario Public Lands Act both give the government the power to stop the exploration work until proper consultation is complete.
“If we get a judge’s order for Solid Gold to stop drilling, that will be a huge victory for First Nations across all of Ontario,” Kempton said.
Chiefs of Ontario Regional Chief Angus Toulouse likened the Wahgoshig case to earlier struggles of Kitchenuhmaykoosib Inninuwug First Nation to stop first mineral exploration on its traditional lands.
“It is appalling that some companies, with the full knowledge and approval of the provincial government, continue to behave in this disrespectful and unacceptable manner,” Toulouse said. “The fact of the matter is that First Nations know their rights and they are going to resist and they will not give up.”
Babin noted that his band has signed Impact Benefit Agreements with other mining companies, including an agreement with Detour Gold last year.
But he said Solid Gold has not treated his community with the respect shown by other companies working on its traditional territories.
“We’re in the modern world, and things have changed, but (Stretch) doesn’t want to change,” Babin said.
He added that Wahgoshig territory is being overexploited by mining companies.
“We’ve got mines coming out of our ying-yang,” he said.