Quebec must consult on existing mining claims, and before allowing new claims
Montreal/Traditional Territories of the Kaniwn’kehá and Haudenosaunee Peoples, October 21, 2024 – In a recent ruling, the Superior Court of Québec recognized that the Québec government failed for decades in its constitutional duty to consult the Mitchikanibikok Inik First Nation ( also known as the Algonquins of Barriere Lake) when mining claims were granted on its territory, and that it must now consult and as appropriate accommodate Mitchikanibikok Inik First Nation on existing and new claims.
Represented by lawyers from the Centre québécois du droit de l’environnement (CQDE) and Ecojustice, the Mitchikanibikok Inik First Nation achieved its goal of confirming that it must be consulted before mining claims are granted and before exploration activities are undertaken on its territory where Aboriginal rights and title are asserted
This victory adds to those of other Indigenous communities that have challenged “free entry” mining regimes in other provinces: the case of the Ross River Dena Council in Yukon and the case of the Gitxaala and Ehattesaht First Nations in British Columbia. This victory also paves the way for other Indigenous communities in Québec.
“The Court recognized what we have always said: the Mitchikanibikok Inik have never given up our rights and sovereignty, and Quebec must stop allowing claims and impacting our territory without asking us first. We will never accept mining that puts our rights and our land at risk. We call on Quebec to obey the Court’s judgment and put a halt to all mining claims and exploration on our territory immediately.” – Chief Casey Ratt, Mitchikanibikok Inik.
“With this decision, the court sends a clear message: free-entry mining which fails to uphold the duty to consult and accommodate is unconstitutional. This ruling is a big step forward in the long journey toward full recognition of Indigenous Peoples’ rights and sovereignty.” – Joshua Ginsberg, Lawyer at Ecojustice.
French version available here.
Background
The ancestral territories of the Mitchikanibikok Inik First Nation encompass many sites of ecological, cultural and survival importance, including: Burial sites, ceremonial sites, heritage sites, and occupancy sites; habitat for bears, spawning fish, and bald eagles; and hunting grounds for moose, medicinal plant gathering and tree harvesting. For years the community has fought to keep mining off of their territory.
In 2016, mining company, Copper One, filed an application to force the Quebec government to approve forestry permits for mining exploration purposes on Mitchikanibikok Inik land — without prior consultation or consent of the community. Ecojustice and partners of the CQDE represented the Mitchikanibikok Inik First Nation as interveners in proceedings.
Unfortunately, in December 2017, Copper One and Quebec came to an agreement that Copper One would hand over its mining claims to SOQUEM — a government-controlled entity — in exchange for $8 million. In doing so, the Mitchikanibikok Inik First Nation considers that Quebec failed to fulfill its constitutional duty to consult and accommodate them. Now the threat remains that mining exploration could take place on Mitchikanibikok Inik territory without consultation.
In the Yukon, the courts have found that the free entry mining system is inconsistent with the constitutional obligation of the Crown to consult First Nations on decisions that may impact them.
About:
The University of Ottawa and Ecojustice, Canada’s largest environmental law charity, are partners in the uOttawa-Ecojustice Environmental Law Clinic, a problem-based educational learning course designed to help train the next generation of environmental law and policy leaders.
The Centre québécois du droit de l’environnement (Quebec Environmental Law Centre), Quebec’s only environmental law charity, offers independent legal expertise and education tools to citizens and law students, contributes to the development of progressive environmental law and uses the law to protect the environment and citizens’ rights to access justice.
