6 First Nations challenge Ontario's Mining Act, a month after similar legal action by Grassy Narrows
CBC
Six First Nations in northern Ontario are challenging the province's Mining Act, arguing it violates their treaty and Charter equality rights.
Representatives from the First Nations and their legal counsel held a news conference at Queen's Park on Monday, three days after the notice of application was filed in the Superior Court of Justice.
"The Ontario Mining Act is a piece of racist legislation that bulldozes over First Nations lands and rights. It says to the world that the land in Ontario is free for the taking and drilling and blowing up," said Chief June Black of Apitipi Anicinapek Nation. "These are not your lands to give away, Ontario."
The other First Nations behind the case are:
The Treaty 9 communities are being represented by Woodward and Company Lawyers LLP, a British Columbia-based firm that works exclusively for First Nations governments and organizations.
Last month, a separate but similar court case was filed by Asubpeeschoseewagong Netum Anishinabek First Nation, known as Grassy Narrows. It argues the Mining Act breaches the First Nation's treaty rights under Sec. 35 of the Constitution and contravenes the United Nations Declaration on the Rights of Indigenous Peoples.
Grassy Narrows is a leading member of the First Nations Land Defence Alliance, which has been pushing for Ontario to respect their rights to free, prior and informed consent when it comes to development in their territories, including a proposed nuclear waste storage site near Ignace.
The six First Nations' notice of application argues Ontario's free-entry mining system — which allows prospectors to stake, or record, claims online for a fee — doesn't allow First Nations to be properly consulted about exploration activities on their lands. It seeks changes to the act that would ensure treaty and constitutional rights are upheld.
In a similar case in British Columbia, the Supreme Court ruled the province's mining permit system was not in compliance with the government's duty to consult Indigenous groups.
Kate Kempton, senior counsel with Woodward and Company Lawyers LLP, said that when it comes to mining plans, Ontario's efforts to consult with First Nations amount to "nothing but a paper chase."
"The Crown governments … pretend that they're engaging with First Nations, but they do nothing effectively but send out form letters. It's an appalling, insulting, discriminatory regime," Kempton said at Monday's news conference.
Following pressure from a number of First Nations, the act was amended in 2009 to better recognize treaty rights and prohibit claims on ecologically sensitive lands. Last year, the act was updated again with the Building More Mines Act, which drew criticism from many First Nations leaders for expediting permit approvals.
Jacob Ostaman, director of lands and environment for Kitchenuhmaykoosib Inninuwug (KI), spoke of the legacy of environmental advocacy in his community and members of the group known as "the KI 6" who were imprisoned in 2008 for protesting against mining on their traditional lands.
"Our people have been stewards of these lands for countless generations and we assert our right to ultimate decision-making power over our territory," Ostaman said. "This is not just a legal position — it is our sacred duty to protect the land, as entrusted to us by our ancestors."
