RE:RE:RE:RE:RE:Imagine this....! Not trying to create hysteria (I like the pun in it all) as we were working in hypothetical on the original post --- and while I have degrees, not a lawyer. I also don't work on reserves, I volunteer. Small time buyer of stocks and invest towards Canada's future and don't have the time of day to short sell. I am in this for the long haul, and compared to the other projects in Northern Ontario (mines roughly having 20 billion in the ground) --- this one has 50-60 billion known about. The other mines stocks roughly sit around 20-30 dollars so I don't doubt it could reach 60 dollars a year after it begins actually making money. The degrees stipulate that there is more background knowledge involved with the workings of law, Indigenous people and their willingness to go toe to toe with the government about this. essentially, I am invested in this company and like the way it is going so far but...
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Indigenous folks are separate according to the law. Its why when people say the government has failed Indigenous peoples they say the FEDERAL government has because they are responsible. If they were not separate, there would be none of this negotiating afterall.
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Section 35 of the constitution as written out by the Federal Government in 1982.
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35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed
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(2) In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit and Mtis peoples of Canada.
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(3) For greater certainty, in subsection (1) “treaty rights” includes rights that now exist by way of land claims agreements or may be so acquired.
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(4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons.
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So with that in mind --- They are also guarenteed their rights through the charter --- so without having Indigenous consultation, there will be a no show like what is happening with Fortune Minerals. I am not saying it is right or wrong but to believe that there is some clause or rule that the provincial government can use to unilaterally bypass the negotiations with Indigenous peoples has in the past is too much of a fairy tale. This project is a sorely needed boon to Northern Ontario. That is why I mentioned the Federal government would have to invoke the notwithstanding clause if it ever came down to a court battle and could potentially invoke it under national interest.
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I like to dream as much as the next person, but the provincial government would not be able to invoke the clause without the Federal government stepping in because the province has no jurisidictional right to do so as it revolves around Federal agreements on land claims
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You can look up past projects that tried to unilaterally go around the rules, they have for the most part all failed or had to be scaled down to the point of unfeasible. I want this to work. Northern Ontario needs a win.