NO MORE AUTOMATIC MINING CLAIMS IN ONTARIO, SAYS FIRST NATIONS’ COURT CHALLENGE
MEDIA RELEASE
August 12, 2024 | FOR IMMEDIATE RELEASE
NO MORE AUTOMATIC MINING CLAIMS IN ONTARIO SAYS FIRST NATIONS’ COURT CHALLENGE
TORONTO, ON: Six First Nations have just filed a court case in Ontario Superior Court challenging the Province’s Mining Act regime as an unconstitutional violation of their treaty rights and their Charter equality rights. The case says that the Mining Act regime fails in three ways: the automatic recording of mining claims without any prior engagement with First Nations, the abysmal system of “consultation” about exploration on those claims, and the inability of First Nations to protect their lands from either, all must fall.
“Companies are staking, or recording, dozens of claims per day on our traditional territory,” says Chief June Black of Apitipi Anicinapek Nation. “No notice, no engagement, no addressing of our concerns at all. We’re told only after the claims are registered, when it’s too late.”
“These mining claims give their holders certain land rights that the Mining Act treats as overriding our constitutionally-protected rights. As soon as a claim is recorded, we can’t use that land for new reserves, or indigenous parks; we can’t be stewards over our lands as our laws tell us we must,” says Kitchenuhmaykoosib Inninuwug Chief Donny Morris. “The Mining Act statute is taking precedence over Canada’s Constitution. How can that be right?”
“Ontario says to us, don’t worry, we will consult you before we allow any exploration activity to occur on those mining claims.” Chief Sheri Taylor of Ginoogaming First Nation knows from experience how hollow that is. “The recording of claims by itself, takes away our rights to use and protect that land ourselves. Added to that is exploration, but the “consultation” that Ontario does before it grants exploration permits, is a system of sending form letters and not much else. It is appallingly weak. It was that that forced us to into court once already, to protect a sacred area from exploration. Even though we won that injunction, Ontario will not remove those mining claims; so we’re facing the same threats again.”
“A huge swath of Ontario’s north, where we live and govern the lands, is now covered with thousands of mining claims,” says Attawapiskat Chief Sylvia Koostachin Metatawabin. She, and Aroland Chief Sonny Gagnon and Fort Albany Chief Elizabeth Kataquapit, are all witnessing the onslaught of claims-staking and exploration around and beyond the Ring of
Fire and feel the bulldozer effect of so much of their lands being taken up by prospectors and mining companies, with little they can do under the Mining Act to stop this.
The case is an application seeking declarations that certain provisions of the Mining Act are unconstitutional and orders that they be struck and replaced. “Ontario needs to ask itself if it is open for mining business at all costs. Which human rights are for sale?”, asks lead counsel on the case, Kate Kempton from Woodward and Company.
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For further information or interviews with Applicant First Nations, please contact:
Kate Kempton Senior Legal Counsel kkempton@woodwardandcompany.com Tel: 416-571-6775
Lina Santana Legal Assistant lsantana@woodwardandcompany.com Tel: 647-472-6838