In a decision of the Ontario Superior Court of Justice, released January 3, 2012, Madam Justice Brown ordered that Solid Gold is enjoined from carrying on any further exploratory activity on its claims block for 120 days, and that during this period Ontario, Solid Gold and Wahgoshig must enter into a process of meaningful consultation and accommodation. If this process is not productive, Wahgoshig can seek an extension of the injunction at that time. Brown J. found that there had been a complete absence of consultation and accommodation before Solid Gold had started drilling in Wahgoshig’s traditional territory, part of the treaty 9 area. She found that it is in the public interest to ensure that the Constitution — section 35 which recognizes aboriginal and treaty rights — is honoured and respected. This is a very positive precedent for First Nations. The injunction motion was argued by OKT Law on December 20, 2011.
By Kate Kempton
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