"The court and what it means"

The court decision did not grant any right of way or aggregate rights to anyone including KWG. It dealt specifically with the issue of whether a mining claim holder (KWG) could prevent another company (Cliif and their proxy Not) from getting an easement across their claims.

The court reaffirmed that the crown (goverment) owns all surface rights and that it has the power to grant the use of surface rights including access and aggregate deposits. It further reaffirmed that a holder of a claim has the right to explore their claims but can not unreasonably impeed another company's request for surface access. The courts concluded by saying it was the ministry's right to determine what was in the publics best interest when granting surface rights. In effect the courts reaffirmed what has been the status quo in the mining industry for years.

If their are competing requests for surface rights the crown will decide who to give the rights to. So far as I know KWG has not applied for an easement. To be successful in getting an easement any company will have to be able to prove, in a feasability study, that it can build the project as a condition of being granted the surface rights.

Personally I'm all for a N-S railroad if it is an open tarrif rail line but I am concerned that KWG is still maneuvering to control ore movement in and out of the ROF as a power move to control what chromite gets mined first. I suspect tbere is still lots of gamesmanship going on.

... Been There