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'Notice of eviction' from band to HB

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.

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.

A northern Manitoba First Nation has served Hudbay with a 'notice of eviction' to immediately vacate at least two of its mine sites. But as with past demands from the Pukatawagan-based Mathias Colomb Cree Nation (MCCN), Hudbay has no intention of complying. 'Mathias Colomb Cree Nation serves you this NOTICE OF EVICTION to vacate the traditional, treaty and/or reserve lands of the Missinippi Nehethowak as represented by the Mathias Colomb Cree Nation effective immediately upon service,' wrote Chief Arlen Dumas in a July 1 letter to the company. 'This entails an immediate removal of all equipment, buildings and other assets situated upon the territory to be done in a manner which is safe to the people, animals and environment.' The desired eviction would not necessarily be permanent. At the end of his notice, Chief Dumas said MCCN is 'open to good faith negotiations' and hopes Hudbay and the province 'will come to the table in a mutually designed and agreed-to negotiation process.' See 'MCCN' on pg. Continued from pg. Chief Dumas has said MCCN is representing the 'sovereign nation' of Missinippi Nehethowak, though neither Hudbay, the province nor Ottawa recognize the legal authority of this aboriginal entity. And while Chief Dumas is demanding Hudbay depart all Missinippi Nehethowak land, his letter did not make clear what region this encompasses. It is known that the region includes Hudbay's Lalor mine, now in early production just outside Snow Lake, and Reed mine, in development between Snow Lake and Flin Flon. But does it include Flin Flon? A call to Chief Dumas for clarification was not returned as of press time. In any event, just as it has with Chief Dumas' previous 'stop work orders' for Lalor and Reed, Hudbay plans to carry on as normal. 'It is business as usual at the Lalor and Reed projects, as both are advancing on time and on budget,' said John Vincic, vice-president, investor relations and corporate communications. Dialogue Vincic said Hudbay has had 'many years' of 'constructive dialogue and engagement' with MCCN and hopes that will continue. He said Hudbay still believes that joint meetings between First Nations, industry and government remain 'the best forum' to 'find common ground in areas of mutual interest.' In his eviction notice, Chief Dumas clarified the objectives of MCCN in what has become a months-long dispute with Hudbay. By failing to obtain MCCN's consent for its mining operations, he wrote, Hudbay has violated domestic, international and Missinippi Nehethowak laws. 'Our interests are not about impact benefits like education, training and employment,' Chief Dumas wrote. 'The issue is not about consultation and impact benefits, it is about consent and ownership. Hudbay is well aware of our legal rights and our intentions to defend them.' To some, the eviction notice sounded like a precursor to further protests that MCCN and other Manitoba First Nations first promised this past April. See 'Judge' on pg. Continued from pg. On Jan. 28 and again on March 5, MCCN members and their supporters held blockades at the Lalor site. They have also served Hudbay with self-styled 'stop work orders' for Lalor and Reed. A provincial judge has issued an injunction against further protests on Hudbay property, but in public statements Chief Dumas has left the door open to defying that order. Moreover, there are questions as to whether the RCMP would deploy the resources needed to physically remove protesters if necessary. That's something that did not happen at the Jan. 28 and March 5 Lalor protests. Vincic could not speculate on whether there will be further protests or how the RCMP would handle additional blockades. 'However, if other blockades occur, Hudbay's top priority will remain ensuring the safety of all people at the sites,' he said. Chief Dumas is making demands not only Hudbay, but also the Manitoba government. In a separate letter to the province, also dated July 1, he called for an end to all resource development, including hydro, on Missinippi Nehethowak land. 'Despite our many attempts to call, e-mail, meet, and negotiate with the province of Manitoba in a meaningful way,' he wrote, 'Manitoba has failed to act in good faith in relation to the development within the traditional, treaty, and reserve lands of the Missinippi Nehethowak as represented by Mathias Colomb Cree Nation. 'This has left us with no other alternative but to prohibit all activities on our lands until the province of Manitoba decides to come back to the negotiating table in a meaningful way which respects our Aboriginal, treaty, and inherent rights.' Move forward A provincial spokesperson said both Mines Minister Dave Chomiak and Aboriginal and Northern Affairs Minister Eric Robinson have spoken with Chief Dumas 'in an attempt to move forward to address concerns he has raised.' Chomiak has attempted to arrange several meetings with Chief Dumas over the past few months, without success, and remains open to meeting with the Chief at his earliest convenience, the spokesperson said. The spokesperson said the province recognizes the importance of working with First Nations in mineral development, with consultation 'a crucial part of that process.' The province is proposing to form a Minister's Mining Advisory Council, the spokesperson said, 'as a process through which matters such as resource revenue benefit can be discussed, as well as training, employment and business opportunities.' 'This process will ensure that the perspectives of First Nations leadership are presented and that an equitable process is developed,' added the spokesperson. Also on July 1, Chief Dumas sent a letter to Prime Minister Stephen Harper. It stated that MCCN 'declares that no federal, provincial, municipal or other Canadian laws will apply on our territories, traditional, treaty or reserve, without our full, informed and prior consent.'

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