The Reminder is making its archives back to 2003 available on our website. Please note that, due to technical limitations, archive articles are presented without the usual formatting.
Jonathon Naylor Editor Hudbay has won a temporary injunction against First Nations protesters who have been blocking access to the Lalor mine, but the underlying dispute isn't over yet. A judge ruled in Hudbay's favour Wednesday after the company took Mathias Colomb Cree Nation (MCCN) Chief Arlen Dumas and his fellow demonstrators to court. 'After two blockades at our Lalor mine site, on January 28 and March 5, we believe we (had) a responsibility to seek this injunction,' said John Vincic, vice-president of investor relations and corporate communications for Hudbay. Vincic said the blockades hindered the safety of workers and visitors to Lalor as 'emergency services must have unfettered access to our sites in situations where time is of the essence.' 'As a practical matter, like any employee, after a full day's work the people who work for us want to be able to go home without being delayed,' he added. 'Additionally, we rely on road access to deliver materials and supplies. In the long run, the blockades present a safety risk that can't be sustained.' A judge at Winnipeg's Court of Queen's Bench agreed with Hudbay's arguments, but the injunction against the protests was granted only on an interlocutory, or temporary, basis. A court spokesperson said the injunction against MCCN will stand until a full review of the matter goes before the courts. The next court date was not set. The injunction came after Hudbay filed a lawsuit against Chief Dumas, protester and aboriginal lawyer Pamela Palmater, and other protesters who participated in the Lalor blockades, listed as two John Does and 'Persons Unknown.' While MCCN claimed in a news release that Hudbay was suing the band for 'millions of dollars' in damages, Vincic countered that 'we haven't specified an amount at this time.' Vincic said while there was a financial impact from the blockades, 'it has not been material to the company in its overall operation' as workers at Lalor are 'doing everything they can to ensure they meet their targets.' See'Company..' on pg. 7 Continued from pg. 1 'We have stopped traffic during the recent blockades to avoid any confrontation or accidents, but continued blockades present the risk of a misstep on either side,' he said. Heading into Wednesday's hearing, Chief Dumas, the slender, long-haired leader of the Pukatawagan-based MCCN, seemed undeterred by the lawsuit. Chief Dumas could not be reached for comment, but he told the Winnipeg Free Press before the hearing that Hudbay's suit was a 'heavy-handed' reaction to two 'peaceful demonstrations.' 'I think it's completely unreasonable. There are other ways to move this issue forward. A lawsuit isn't going to deter us,' he told the newspaper. Chief Dumas argues that the Snow Lake area mines of Lalor and Reed are on traditional MCCN territory. He says MCCN deserves an ownership stake in the projects and that neither Hudbay nor the Manitoba government have the band's permission to approve or develop the mines. That sentiment led to the hours-long Lalor protests, and Brad Lantz, vice-president of Hudbay's Manitoba business unit, claimed other blockades were in the works. In an affidavit filed in the case, Lantz wrote the protesters 'have threatened and intend to establish further blockades at either the Lalor or Reed projects or other mining operations' belonging to Hudbay unless stopped. Such blockades, he wrote, 'unjustly affect' the company and its workers and contractors. Lantz also appeared critical of the RCMP, writing that while they were at the blockades to monitor the protesters, 'no steps were taken by the police to restrain or prohibit the defendants or any of the protesters from obstructing, impeding, delaying or in any way physically interfering with access' to company property. 'I am concerned that if further blockades occur,' Lantz wrote, 'the RCMP will require a Court Order to take steps to enforce compliance with (the company's) right to access to and from its Projects and mining operations in Manitoba.' For its part, MCCN claims the RCMP attended the Lalor blockades at the band's request 'to help enforce Cree law.' Referencing the March 5 blockade, Hudbay's statement of claim in the case says the action constituted trespassing and involved 'intimidation and obstruction' on the part of the protesters. It says the blockade meant 'no traffic was allowed onto or from' the Lalor site and that the company 'was forced to cease operations' during that time. Blockade or not? Dumas told CBC on Monday that, 'Actually we didn't organize blockades. We organized demonstrations where you go and exercise some of our treaty rights on our ancestral lands.' But in video from the Jan. 28 Lalor demonstration, Dumas said 'we're not letting anybody through' except for individuals going home to their families. He added: 'we're not going to be allowing any vehicles that are continuing on doing the work for Hudbay today.' While some have tried to portray him as a lone wolf in his dispute with Hudbay, Chief Dumas has garnered the support of some other high-profile native leaders. Statements of support came Monday from the Grand Chiefs of the Assembly of Manitoba Chiefs (AMC), Manitoba Keewatinowi Okimakanak (MKO) and the Southern Chiefs Organization (SCO). Grand Chief Derek Nepinak of AMC was critical of both Hudbay and the NDP government, saying he backs MCCN in its 'efforts to protect their lands and waters from unwelcome, non-consensual exploitation by Hudbay.' But Grand Chief Nepinak made a point of saying this three-way fight 'is not an issue between hard-working employees of Hudbay and MCCN.' Grand Chief Murray Clearsky of SCO said the NDP and Hudbay 'have both failed to come to the table in good faith' to secure MCCN's consent 'as required' by the UN Declaration on the Rights of Indigenous Peoples. Like Chief Dumas, Grand Chief David Harper of MKO called Hudbay's court action 'heavy-handed.' He said it illustrates 'the lack of good faith' on the part of both the company and the province. 'Hudbay and the Manitoba government have an opportunity to rise to the occasion of changing status quo which now appears dismal through such legal proceedings,' said Grand Chief Harper. 'We hope that Hudbay and the province of Manitoba will reassess their positions and do the right thing.' But Vincic said Hudbay has been in ongoing dialogue with MCCN for 'many years' and engaged in legal consultation on the Lalor project for more than two years. He said Hudbay's work with MCCN includes sharing environmental data and collaborating on educational and commercial opportunities within the mining industry. 'We want to continue our existing engagement and we hope MCCN will as well,' Vincic said. In his affidavit, Lantz said the protesters have nothing to lose from an injunction. 'I am not aware of any interest of the defendants that will be harmed if an injunction is granted as requested...' he wrote. 'From a safety standpoint, granting an injunction would protect the defendants and anyone participating in the blockades from being injured.' Lantz further wrote that the protesters' actions have had a 'significant impact' on workers 'who have been and are threatened with being held involuntarily on the Project sites by blockades.' He said workers are 'very unhappy' over a situation that 'has the potential to create unnecessary confrontations at blockade points.' Chief Dumas has now issued two MCCN 'stop work orders' for Lalor and another for Reed. While the orders evidently carry legal value for MCCN, they are recognized by neither Hudbay nor the province. In a news release, MCCN said Hudbay has not contacted Chief Dumas to address his concerns and the province has not enforced the stop work orders as it should have. See 'Extreme...' on pg. 12 Continued from pg. 7 In the release, Chief Dumas contrasted the 'extreme poverty' of Pukatawagan with the fact that band members 'live on some of the richest territories in Manitoba.' 'Instead of the province and Hudbay engaging MCCN in a meaningful process, they have partnered to blockade MCCN from accessing our own lands,' he said. 'This will be socially devastating to our community.' Asked to respond to Chief Dumas' comment that there 'are other ways to move this issue forward,' Vincic said he agrees. The 'best place' to move forward, Vincic said, is the Manitoba Mining Table consultation group that has been struck. 'The provincial government, industry and other First Nations leaders are ready to discuss government resource revenue sharing in Manitoba,' he said. 'We would welcome Chief Dumas to join us and other stakeholders at the table so we can all reach a solution together.' Curiously, Hudbay identifies itself in the statement of claim and the affidavit as Hudson Bay Mining and Smelting Ltd. even though the company declared last year it would call its entire operation Hudbay.
