Northern Superior Resources Inc. Responds to Government of Ontario's Statement of Defence
29 Gennaio 2014 - 3:00PM
Marketwired
Northern Superior Resources Inc. Responds to Government of
Ontario's Statement of Defence
SUDBURY, ONTARIO--(Marketwired - Jan 29, 2014) - Junior mineral
exploration company Northern Superior Resources Inc. ("Northern
Superior" or "NSR") (TSX-VENTURE:SUP) received the Government of
Ontario's ("Ontario") Statement of Defence last week in response to
the company's pending $110 million lawsuit against Ontario, for
failure to consult with First Nations. The lawsuit, filed in
November 2013, is the result of extraordinary circumstances that
prevented NSR from accessing its Thorne Lake, Meston Lake and
Rapson Bay gold properties in northwestern Ontario.
Ontario's response acknowledges that beyond sending a standard
form letter identifying Sachigo Lake First Nation ("SLFN") among
others, as a community to be contacted, the government did not
undertake any consultation nor did it assist NSR in engaging with
the community until after NSR was issued an "eviction" notice by
the First Nation. Ontario also admits that NSR did all it could
reasonably do to meaningfully engage with SLFN.
Despite these admissions, the Statement of Defence raises the
same tired arguments heard previously from Ontario and,
significantly, fails to address several key items of NSR's lawsuit.
Ontario's position will be of interest to the industry in that it
is clear that despite the requirements repeatedly laid down by the
courts, Ontario will leave companies to fend for themselves, at
their expense, when issues arise with Aboriginal communities,
whether justified or not.
Ontario's position in the lawsuit reaffirms that in Ontario,
exploration and mining companies who peacefully retreat from areas
from which they have been evicted by Aboriginal communities and
ensure that the rule of law is upheld will be left to their own
devices, while companies who in similar situations risk or bring
about civil disobedience and escalate matters will be compensated
by the government.
NSR continues to utilize industry best practices in its
engagement and consultation efforts and has been recognized by the
Canadian Council for Aboriginal Business for excellence in this
regard. The challenges encountered in this particular case were
taken very seriously by NSR and despite our best efforts they were
unable to be resolved. NSR is proud of the positive relationships
and partnerships we have forged with the Aboriginal communities we
continue to work with around our other properties in Ontario and
Quebec.
NSR will be delivering a formal reply to Ontario's defence
shortly and looks forward to seeing Ontario's evidence and
documentary support. Below are NSR's specific points in response to
the Statement of Defence.
Specific Response Points to Ontario's Statement of Defence
1. Ontario's defence raises nothing new:
- The Ontario government's statement of defence merely puts into
legalese the same tired arguments NSR heard already in its meetings
with government officials leading up to the lawsuit.
- NSR is confident it can overcome these arguments as it believes
they have no support in the law and are based on incorrect
facts.
2. Ontario's arguments are interesting news to the industry and
contrary to the established facts:
- That Ontario can basically do nothing to discharge its legal
duty to consult with First Nations, despite the clear direction
from the courts to the contrary, and a company has no right to
complain - a remarkable position for a government to take;
- That a company can do all it can reasonably do to engage a
First Nation and still end up getting evicted. This situation,
according to Ontario, would not be the government's problem;
- That Ontario in this case did all it could to "reconcile" the
interests of one of the First Nations involved and Northern
Superior. The record is clear, however, that Ontario took no
action of any kind until after NSR had been evicted, a case of
too little too late.
- Ontario alleges unspecified "concerns" and "complaints"
expressed to Ontario by SLFN about NSR which allegations are, plain
and simple, nonsense. Fortunately, NSR has its case starting from
2005 fully documented.
3. Ontario has no answer to the following:
- Ontario granted Northern Superior access to the area but then
did nothing to ensure access would in fact be available.
- The two other First Nations who also evicted NSR from areas
they too claimed, lie within their traditional lands (KIFN
and Red Sucker First Nation);
- Why Ontario granted Northern Superior exclusions of time (under
the Mining Act) in which it acknowledged Northern Superior's
problems were a special case;
- Why Ontario's Mining Act at the time did not have anything to
ensure consultation could be properly carried out, or that issues
with First Nations could be resolved;
- Why the nearby Mining Exclusion Zone was really created and why
it was drawn the way it was.
4. Ontario's other "novel" position - the cost of the obligation
to consult with First Nations:
- Although the legal obligation to consult with First Nations
according to law lies with Ontario, Ontario says it is the company
that has to bear all the costs.
- This is the first time NSR was ever made aware of such a
position in this case.
5. Ontario provides yet another "explanation" for the creation
of the massive Mining Exclusion Zone:
- The latest explanation does not match the public record;
- This should lead to skepticism as to the real basis for this
extraordinary step, taken by the government on a Friday evening
with no prior announcement;
- While Ontario admits that companies like Northern Superior can
be affected by the creation of such exclusion zones, that is the
company's problem and not Ontario's.
About Northern Superior Resources Inc.
Northern Superior is a junior exploration company exploring for
gold in the Superior Province of the Canadian Shield, specifically
in the Provinces of Quebec and Ontario (see Company web site
www.nsuperior.com) in the Stull-Wunnumin and Chibougamau-Chapais
gold districts. Northern Superior is a reporting issuer in British
Columbia, Alberta, Ontario and Quebec, and trades on the TSX
Venture Exchange under the symbol SUP.
For Investors
Forward looking statements: This news release includes
certain "forward-looking information" within the meaning of
Canadian securities legislation and "forward-looking statements"
within the meaning of the United States Private Securities
Litigation Reform Act or 1995 (collectively, "forward looking
statements"). Forward looking statements include predictions,
projections and forecasts and are often, but not always, identified
by the use of words such as "seek", "anticipate", "believe",
"plan", "estimate", "forecast", " expect", " potential", "project",
"target", "schedule", "budget" and "intend" and statements that an
event or result "may", "will", "should", "could" or "might" occur
or be achieved or other similar expressions and includes the
negatives thereof. All statements other than statements of
historical fact included in this release, including, without
limitation, statements regarding potential mineralization,
exploration results, interpretation of results, the timing and
success of exploration activities generally, the timing and results
of future resource estimates, and future plans and objectives of
Northern Superior are forward-looking statements that involve
various risks and uncertainties. There can be no assurance that
such statements will prove to be accurate and actual results and
future events could differ materially from those anticipated in
such statements. Forward looking statements are based on a number
of material factors and assumptions. Important factors that could
cause actual results to differ materially from Northern Superior's
expectations include exploration risks, changes in project
parameters as plans continue to be refined, results of future
resources estimates, future metal prices, availability of capital
and financing on acceptable terms, general economic, market or
business conditions, uninsured risks, regulatory changes, defects
in title, availability of personnel, materials and equipment on a
timely basis, accidents or equipment breakdowns, delays in
receiving government approvals, unanticipated environmental impacts
on operations and costs to remedy same, and other exploration or
other risks detailed herein and from time to time in the filings
made by the Company with securities regulators. Although the
Company has attempted to identify important factors that could
cause actual actions, events or results to differ from those
described in forward looking statements, there may be other factors
that cause such actions, events or results to differ materially
from those anticipated. There can be no assurance that forward
looking statements will prove to be accurate and accordingly
readers are cautioned not to place undue reliance on forward
looking statements.
Neither the TSX Venture Exchange nor its Regulation Services
Provider (as that term is defined in the policies of the TSX
Venture Exchange) accepts responsibility for the adequacy or
accuracy of this release.
Northern Superior Resources Inc.Thomas F. Morris PGeo., PhD.,
FGACPresident and CEO(705) 525-0992(705)
525-7701info@nsuperior.comwww.nsuperior.com
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