And now:Ish <[EMAIL PROTECTED]> writes:
From: Jamie Kneen <[EMAIL PROTECTED]>
Subject: Innu Nation going to court to halt Voisey's Bay
Date: Tue, 07 Sep 1999 10:07:06 -0400
To: [EMAIL PROTECTED]
From: Joan Kuyek <[EMAIL PROTECTED]>
Subject: Innu Nation
FOR IMMEDIATE RELEASE
INNU NATION MOUNTS COURT CHALLENGE OVER
VOISEY'S BAY PROJECT
(Sheshatshiu) The Innu Nation is going to the Federal Court of
Canada in an attempt to reverse a recent federal government decision
that will allow the proposed Voisey's Bay project to proceed without
land rights being settled or an impact and benefit agreement (IBA)
being in place with Voisey's Bay Nickel Company (VBNC).
In a court application filed on September 2nd, 1999, the Innu argue
that the federal government was wrong when it decided that it could
not commit to concluding and ratifying a land claims agreement in
principle, or to negotiate equivalent alternative measures with the
Innu. The application also states that the government promised to
consult and negotiate with the Innu Nation, and that it acted in bad
faith by approving the project without allowing a proper opportunity
for that consultation. The government also made an error when it said
that it had no legal means to compel VBNC to conclude IBAs with the
Innu Nation and Labrador Inuit Association (LIA).
The Innu Nation is asking that the federal decision be quashed, and
that no authorisations be granted to allow the project to proceed
prior to land rights being settled and having IBAs in place.
The federal environmental assessment panel appointed to consider
VBNC's application under the Canadian Environmental Assessment Act
had recommended these conditions in order to mitigate the effects on
the Innu and Inuit communities. If they cannot be implemented, the
Innu are asking the court to refer the matter back to the panel so
that it can consider whether the effects of the project will be too
significant to allow it to proceed at all.
"This is an important case not only for the Innu, but also for
aboriginal groups across the country who are faced with industrial
development on their land," said Innu chief negotiator Daniel Ashini.
"It is important because in ignoring the panel recommendations on
land rights and IBAs, the government has essentially said that the
independent environmental assessment process is not important, and
the decision on whether or not to allow a project to proceed is
purely a political one. It's a shame that we have to go to court in
order to uphold the panel's recommendations, but somebody has got to
do the right thing here."
Mr. Ashini also made it clear that the decision of the Newfoundland
Government to approve the project without requiring that a Innu Land
Claims Agreement and an Innu IBA be in place will also be challenged
in Court. That case is being prepared to be filed to meet approriate
court filing deadlines.
-30-
Background
The Innu Nation is an aboriginal government representing the Innu of
Sheshatshit and Utshimassits (Davis Inlet), Labrador. The Innu Nation
is presently engaged in treaty negotiations with the federal and
provincial governments.
Voisey's Bay Nickel Company (VBNC) in trying to open a Nickel,
Copper, Cobalt mine at Voisey's Bay, which is located 80 km from
Utshimassits. This area has seen extensive historical and current
Innu land use, and is subject to the comprehensive land claims
currently being negotiated with the governments.
The proposed mine underwent an environmental assessment governed by a
four party memorandum of understanding (MOU) signed by the federal
and provincial governments, Innu Nation and Labrador Inuit
Association. The assessment was conducted by a five member panel
which held public hearings and issued a report containing 107
recommendations, including:
… That Canada and the Province conclude and ratify land claims
agreements in principle with the Inuit of Labrador, represented by
the LIA, and the Innu of Labrador, represented by the Innu Nation,
before issuing any project authorisations, or, failing that,
negotiate equivalent alternative measures before issuing any project
authorisations, which must provide for Innu and Inuit consultation
and compensation in respect of the project in keeping with the
fiduciary obligations of the Canada and the province.
… That no project authorisations be issued until LIA and the Innu
Nation conclude Impact Benefit Agreements with VBNC.
These recommendations were both rejected in federal and provincial
responses to the panel report, without consultation with the Innu
Nation.
Further information on the Innu Nation's response to the Voisey's Bay
as well as other issues facing the Innu people can be found on our
web site: www.innu.ca
______________________________________________________________________
God is a comic playing to an audience that's afraid to laugh.
- Voltaire (1694-1778)
Reprinted under the Fair Use http://www4.law.cornell.edu/uscode/17/107.html doctrine
of international copyright law.
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Unenh onhwa' Awayaton
http://www.tdi.net/ishgooda/
UPDATES: CAMP JUSTICE
http://shell.webbernet.net/~ishgooda/oglala/
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