May 2011 Initial MNO Comments: Harmonization Agreement – Marathon PGM

Please accept the following comments on the Harmonization Agreement Under Section 18(2) of the Canada-Ontario Agreement on Environmental Assessment Cooperation to Establish a Joint Review Panel for the Marathon Platinum Group Metals and Copper Mine Project between the Minister of the Environment, Canada, and the Minister of the Environment, Ontario (“Harmonization agreement”) made by the Director of the Lands, Resources & Consultations branch of the Métis Nation of Ontario. To date, the Métis Nation of Ontario (MNO) and its Chartered Community Councils have not been meaningfully engaged by the Government of Canada, the Province of Ontario, nor the proponent (Stillwater Canada Inc.) in consultation related to the Marathon Platinum Group Metals and Copper Mine Project (“the Project”), although we understand that the Joint Review Panel has every intention of doing so in the next phase of the legislative process. Until then, MNO staff will provide comment to the best of our ability on behalf of the rights-bearing Métis communities potentially impacted by the Project.

Comments:

Section 2.3: The Métis Nation of Ontario looks forward to providing the Joint Review Panel with information related to the nature and scope of the asserted and established Aboriginal rights held by the Métis community potentially impacted by the Project, as well as information on the potential adverse environmental effects that the Project may have on those asserted and established Aboriginal rights.

Section 2.4: The Métis Nation of Ontario looks forward to providing the Joint Review Panel with information regarding the manner in which the Project may adversely affect MNO’s asserted and established Aboriginal rights and the strength of claim in respect of asserted Aboriginal rights. For informational purposes, the following summary is provided to the Panel.

The MNO asserts it represents a regional rights-bearing Métis community that lives throughout, uses and relies on the Lakehead/Nipigon/Michipicoten traditional territory. A general representation of this territory is attached as APPENDIX A. The harvesting rights of Métis living in this traditional territory have been accommodated by the Ontario Government based on real and/or constructive knowledge of Métis claims.

There has been a regional rights-bearing Métis community present in the Lakehead/Nipigon/Michipicoten region since the late 1700s/early 1800s. It was in existence prior to effective control in the region and attempted to be included in the

May 2011 Initial MNO Comments: Harmonization Agreement – Marathon PGM

Robinson/Superior Treaty, but was excluded from the Treaty. However, some Métis were included on a list that was appended to the final Treaty. Métis citizens living in this region today are the descendants of the historic regional rights-bearing Métis community as well as the descendants of Métis from throughout the historic Métis Nation.

Both the Ontario Government and the Federal Government have conducted historical research on the Métis in this region. These research reports support the MNO’s claims of a historic Métis presence throughout the region. The Métis in this region are well known for their reliance on the fisheries (i.e., there continue to be Métis involved in the commercial fisheries in the region), trapping (i.e., there are many Métis with trap lines in the region) and other traditional pursuits throughout the territory.

The MNO’s Registry documents the presence of the descendants of the historic rights- bearing Métis community that still live in the region today. Many of these historic Métis family surnames are still present throughout the region and are represented by the MNO. As of April 2008, the MNO represents 823 Métis adults living throughout the region. This number increases to approximately 2,551 Métis citizens in total when children are factored in.

Just some of the locations where these Métis citizens live in the region include: Armstrong, Beardmore, Dorion, Geraldton, Gull Bay, Heron Bay, Hurkett, Kakabeha Falls, Kaministiquia, Longlac, MacDiarmid, Manitouwage, Marathon, Murillo, Nakina, Nipigon, Nolalu, Puslinch, Red Rock, Rossport, Schreiber, Terrace Bay, Thunder Bay.

These Métis citizens mandate the MNO to represent their collectively held rights and interests. The Métis community democratically elects their leadership at the local, regional and provincial level through elections held at regular intervals. Within Lakehead/Nipigon/Michipicoten territory there are 3 Community Councils who represent MNO citizens in defined areas within the region, along with a regional Councilor who represents the interests of Métis citizens living throughout the region. However, all of these governance structures are a part of the MNO’s overall governance structure.

In order to address consultation issues, the Métis living in the region have established processes and procedures to ensure all Métis citizens are effectively engaged and consulted on policies, projects and development that may potentially affected the Métis communities rights, interests and way of life. This Protocol establishes a Regional Consultation Committee that is mandated to work with the MNO’s Lands, Resources and Consultation branch to ensure meaningful consultation with the regional rights-bearing Métis community takes place.

May 2011 Initial MNO Comments: Harmonization Agreement – Marathon PGM

Section 2.5: The Métis Nation of Ontario supports the Joint Review Panel’s mandate to make recommendations which relate to the manner in which the Project may adversely affect asserted or established Aboriginal rights or title and to inform its assessment of the potential environmental effects of the Project.

Appendix A: MNO Traditional Territories Map