http://www.gfwadvertiser.ca/index.cfm?sid=340557&sc=297

Government stalling on resolution
LETTERS TO THE EDITOR
Advertiser

Dear Editor:

The Supreme Court of Newfoundland has made it clear that the Mineral Rights Adjudication Board was the appropriate body to render a decision on this redundant decade long dispute between Vinland Resources and the provincial government, Noranda and Canstar Resources. This dispute involves the much prized Mary March Property located in central Newfoundland. On Oct. 23, 2009 this Adjudication Board rendered an unanimous decision rejecting Vinland Resources claim that this property was open for staking. This has been the third rejection to date.

Just prior to Nov. 23, 2009 Vinland Resources appealed this decision on a point of law. A Factum was filed by Vinland Resources on Feb. 19, 2010, followed by response Factums by the government, Noranda and Canstar Resources on March 24, 2010. Within the confines of this latest appeal there hasn't been any new evidentiary material submitted. This latest attempt appears to be a rehash, a regurgitation of the same old, same old.

This dispute is largely and directly between Vinland Resources and the Mining Recorder (government). Noranda and Canstar Resources are not involved in this litigation directly, merely caught in the middle as the property title holders. They simply want to explore and develop the property and have been held in limbo for a decade.

In order for the Court to vet these latest Factums, an "application for a hearing" must be submitted, this is the protocol to follow. This must occur as the Court does not set civil appeal hearings down on it's own accord. This is common knowledge as set out in the Supreme Court website. It has been recently determined that the Government has failed to submit this application for a hearing.

So, shareholders and the like have waited for a decision for weeks that "could" and "would" never happen. The Department of Natural Resources insinuated and lead us to believe that shareholders must "just wait" for the Court to make a decision. Misleading statements such as, "...there is nothing that the Department is able to do outside of the present legal process. The Department has no control over the scheduling for the legal process, which will proceed in accordance with a schedule established by the Court" (April 15, 2010). This is essentially an erroneous statement given the fact that this case has been left in limbo for almost two months, due to this failure to file an application for a hearing. Had an inquiry to the Supreme Court of Newfoundland not been made, this situation and belief may have continued for many months.

Statements by the Department of Natural Resources such as, "...it is not in the provincial interest to see this matter stalled", lead us to believe that this application would naturally have been filed. To not do so would make this statement erroneous as well. Or has the government stalled and delayed this situation for a good reason?

Perhaps the government has purposefully made this decision! Are we to assume that this failure to file an application for a hearing was a "smart" move by the government? Why? Because if an application had been filed with the Court, this situation would potentially be prolonged for a year or more. Why? Because it can be up to a year or more before a Judge can schedule time to vet a case and make a decision. Very smart to have this remain outside the court system for this very reason, leaves the door open to end this dispute immediately through legislation. We know the Government has full authority to do so.

To have this situation continue for a year or more would be counter productive for central Newfoundland, an area that very much needs job creation and economic stimulus. As has previously been mentioned the Teck Duck Pond mine that is very similar geologically to the Mary March Property and located only 15 km from Mary March employs 290 plus directly and 500 or more on spin off jobs. The Mary March Property has very similar potential.

I believe the government is fully aware of these facts and has made a prudent decision to finally put this situation to rest. Rather that delay this further, I believe the government purposefully failed to file an application for a hearing and has full intention of passing legislation to finally end this redundant dispute. This would be very smart economically and politically. Economic stimulus and development, job creation, increased tax base (personal and corporate) and investment opportunities are the very things we expect our government will provide. The citizens of Newfoundland are banking on this. Now is the time.

The remaining question is "when" is the government going to act on this? Why is the government stalling, they have previously stated that it is not in the provincial interest to see this matter stalled. Is the government going to stand by it's word? Is the next excuse/delay going to be that legislature is breaking for their extended summer holiday- tell that to the people of the Buchans area and central Newfoundland who need a job while their representatives enjoy their summer break.

There is a very simple solution. Why procrastinate?

Don Clarke

Canstar Sharehold

Victoria, B.C.