Ontario Ministry of the Attorney General, through the Ontario Divisional Court, in a rare intervention, influenced Justice Thomas Lederer in his decision on Ontario/Cliff's easement appeal decision who then ruled that the Ontario Mining and Lands Commissioner, an "inferior" court, should have allowed Ontario and Cliffs to expropriate the mining corridor in the public interest. Ontario and Cliffs had already reached a tentative business agreement to develop a north south mining corridor together. So much for separation of state and the divisional court of Ontario!

Cliffs in driver's seat on road to Ring of Fire: minister


Ontario Ministry of Northern Development and Mines Minister Rick Bartolucci said talks continue with Cliffs Natural Resources about how a road to the Ring of Fire will be built. (CBC)

June 20, 2012

Mining minister Rick Bartolucci says Cliffs Natural Resources will take the lead on figuring how the road to the Ring of Fire is built and financed. "Through discussions with Cliffs, [the company] determined that the north-south corridor was the corridor of choice for them and so that discussion took place and the determination was made," Bartolucci said during a visit to Thunder Bay this week. And Bartolucci said the American company is driving the discussion as plans for the road move forward. "Once the agreement is finalized, then obviously the parametres of the agreement will be made public," Bartolucci said.

Minister may need to settle Ring of Fire access debate

By Jamie Smith, tbnewswatch.com
08/05/2014

THUNDER BAY -- It may now be up to Bill Mauro to decide whether the Ring of Fire is accessed by rail or road.

That responsibility was forwarded to Ontario's Minister of Natural Resources and Forestry after the Divisional Court of the Ontario Superior Court of Justice last week sided with a Cliffs Natural Resources appeal.

Cliffs had appealed a decision by the Ontario Mining and Lands Commission that was made earlier this year.

The courts became involved after KWG staked a narrow north-south corridor into the Ring of Fire in 2009 for a proposed rail line. Cliffs argued that rail is too costly and wanted the province to step in to either expropriate the land or hold a portion of it for infrastructure.

The lands commission sided with KWG but the divisional court decision set that aside and side with Cliffs.

"Whether or not it is in the public interest to grant easement for a road is a matter for the Minister of Natural Resources to determine, after an environmental assessment and consultations with First Nations and other affected interests," the decision states.

KWG says its lawyers are reviewing the decision.

Meanwhile, Mauro said there would be a lot of planning processes, assessments and consultation needed. But the ruling does help clarify that the authority to grant easements rests with his ministry.

"It clarifies things but it's still early stages," he said.

Northern development and mines minister Michael Gravelle said it's ultimately up to Cliffs whether the company wants to go down that road.

"Cliffs themselves will need to decide as to what course of action they're going to take," he said.

Minister may need to settle Ring of Fire access debate