This confrontation has been on our radar screen for over a year. With all due respect to all my fellow NOT investors, I would like to make a few comments based on my experience with the Ontario Mining Act, the Mining and Lands Commissioner's office, MNR, MNDM and the Ontario Government.
IMO, the ruling of the MLC was correct in that she made her decision based on the factual evidence which was submitted by both parties,,,,,,,,under a strict interpretation of the Mining Act, KWG properly staked the claims and is maintaining their claims in good standing by performing and the required assessment work on their linear claim group which, under the Act, qualifies as a valid exploration effort on their part. However, it is obvious to everyone, that KWG's acquisition of these claims also had an another motive........to prevent Cliffs or anyone else from doing the same. That corridor is especially important for a N-S route, if not critical, for two reasons.........high ground and a local source of aggregate for construction of any transportation route. KWG could have instead applied to MNR for an aggregate permit, however, IMO that would have been refused. KWG is playing a very smart game.........Moe Lavigne, who is a seasoned former MNDM employee out of their Thunder Bay office, knows the Mining Act inside out....Frank S is a seasoned junior mining promoter who knows his way around the markets.......a dynamite combination.
The current MLC has been in her position for over 30 years.....she has seen a lot especially during the period when MNR was implementing the Lands For Life initiative. During that time, the Government, through MNR, set aside, by regulation, large tracts of essentially uninhabited areas and wilderness as protected areas across the Province with literally no regard to existing mining claims. I think it's a fair assumption, that whatever she decided, she knew that the Government could still, by regulation, overturn/modify any ruling by her.
So here we are.......appeal accepted............so what??
If KWG expects to somehow be compensated for expropriation by the Government, I would think twice about that. To the best of my knowledge, KWG has not followed up with any exploration based on whatever they discovered from their overburden/till sampling along their claims. As for an aggregate permit, I wouldn't hold my breath. For Cliffs, the latest victory is more symbolic than anything.....perhaps they might get a bit more for sale of their claims in the ROF.
IMO, NOT should proceed full steam ahead with constructing an E-W transportation route......hopefully the Government(s) will provide some financial support as an interim measure in the ROF to provide at least some of the aboriginal communities with more substantial transportation linkages to southern locations.
Respectfully submitted
Geoprof
