By IAN ROSS
A junior miner is striving to mend fences with a Native community in northwestern Ontario in order to resume exploration work at a high-grade chromium-PGE deposit.
The stand-off continues between Platinex Inc. and the community of Kitchenuhmaykoosib Inninuwug (K.I.) at Big Trout Lake, despite a court-ordered consultation protocol between the two parties and the Ontario government. 
In late October, mounting legal bills forced the Native community to withdraw from the legal process in an ongoing two-year dispute over land access to the mineral deposit.
The remote community, located 600 kilometres north of Thunder Bay, claims it has spent $700,000 in legal fees since 2006 after being sued by Platinex for $10 billion.
Nishnawbe Aski Nation Deputy Grand Chief Alvin Fiddler says despite K.I.'s withdrawal from the court process, the community's moratorium on mineral exploration still stands.
"That should send a strong message to Platinex that if they insist on going into the site to begin their drilling program they would be going against the community's wishes."
Fiddler, whose organization represents 49 James Bay communities in the Treaty 9 area, says they would be prepared to "defend their territory."
He says negotiations with Queen's Park are hung up on the province supporting the community with assistance for legal fees.
Earlier this year, then-Minister of Northern Development and Mines Rick Bartolucci had hinted that the Ontario government wouldn't be paying exorbitant bills for First Nation consultation.
The consultation protocol ordered by an Ontario Superior Court last summer began unravelling in late September sending both sides back to court in Thunder Bay. The company claims its personnel and its consulting archaeologist were unsuccessful in meeting with local elders and council.
They further claim K. I. officials were unwilling to share its traditional knowledge or consult in any way, and threatened Platinex personnel, reportedly saying they would prevent the company from conducting the archaeological work on its claims and leases.
Despite a favourable Oct. 25 court ruling for Platinex to continue its work at Big Trout Lake, the company is taking a conciliatory tone and doesn't plan to resume anything until a collaborative solution is found.
Platinex vice-president Simon Baker says there's "no bad blood" and the project isn't stalled indefinitely.
"On the contrary, we have huge regard for many in the community.
"The real issue is not really between Platinex and the community. We're dealing with political issues, government involvement and so on."
He says Platinex is sensitive to any environmental issues and the residents' connection with the land.
"In the past we've made significant efforts to ensure everything is done in a clear and proper manner."
He says the company has spent money cleaning up the site of the remnants of previous exploration work, long before Platinex claimed the property.
Baker says it's been frustrating to get things done with the delays coming at great cost to their investors. "We've been on life support for a long time but we have terrific investors who are supporting us."
In 2006, K. I. residents blocked access to Platinex's exploration site which sparked the lawsuit.
The band wanted the junior miner to remove equipment from their traditional territory. The community of 1,200 Ojibwe-Cree insists it wasn't properly consulted on all exploration activity in the area of their traditional lands and blames the Ontario government.
Ontario Superior Court Patrick Smith sided with the band and upheld the band's counter-injunction application, and called out the Ontario government for failing its "non-delegable duty" to consult with the band.
To settle the dispute last summer, a consultation protocol was put in place, granting the Ontario government intervenor status.
Fiddler attended some of the early consultation meetings but "I wasn't sure how serious Platinex and the province were to conduct meaningful consultation."
He categorized the province's position as "extreme" for not recognizing community moratoriums on mineral exploration.
Fiddler says Native communities and mining companies shouldn't really be at odds.
The province has to work with First Nations to create the conditions and environment to allow meaningful negotiations with companies, he says. "The onus is on the province"
Fiddler called the recent appointment of Michael Bryant as the province's first dedicated Aboriginal Affairs minister a "welcome development" and hopes the new ministry will have access to Premier Dalton McGuinty's office because of the "enormity of the issues up here, especially on resource development."
