The chiefs of six First Nations in northern Ontario are taking the province to court over how the mining industry is regulated.
“Ontario has had knowledge for a number of years that cumulatively mining claims registration and exploration are rising to serious levels,” says the statement of claim filed on Aug. 9. “Ontario’s publicly available Mining Lands Administration System (“MLAS”) database shows that a huge amount of “Crown land” in Ontario is now taken up as mining claims and leases and patents, and there are approximately 2000 active exploration permits showing on MLAS.”
For decades, mining companies have been trying to set up business in northern Ontario because of the vast wealth of minerals. There is a push from the province led by Premier Doug Ford because many of the minerals are used in the production of batteries for electric vehicles, or EVs.
But some First Nations are split on the issue. Some are welcoming the work and jobs that will come with developing the north. Others say there has been little consultation over their territory or that given the climate crisis, upsetting the land would be dangerous.
The court challenge was launched by the chiefs of Apitipi Anicinapek Nation, Aroland First Nation, Attawapiskat First Nation, Fort Albany First Nation, Ginoogaming First Nation; and Kitchenuhmaykoosib Inninuwug.
“Ontario has had knowledge for a number of years that the Applicant First Nations and many others in Ontario have raised alarm about Ontario’s failure to comply with the Duty in respect of mining claims registration and how this adversely affects them,” says the statement of claim filed by the chiefs.
The chiefs say the claims “impedes” them from “carrying out their Way of Life by interfering or rendering meaningless their ability to exercise stewardship and planning (on a governance level) in respect of lands with registered mining claims (“Mining Claim Lands”), since the claim holder is granted property rights to the Mining Claim Lands indefinitely, including the rights to conduct prescribed assessment work.”
The notice of application says the mining work threatens to “harm and scare off species that the Applicant First Nations rely on for food and culture,” endangers species including caribou, will drill “through and near” cultural sites and “desecrate sacred and ceremonial areas.”
The chiefs say that when a claim is made on their territory, they have to pay to “ascertain impacts to its Rights.”
“The only thing Ontario ever does in response to any such detailed specific information is to suspend the permit application for a limited period of time or convert the plan into a permit application – essentially providing a delay and nothing more (extra time by itself means nothing).
“The regime is thus unconstitutional and it shreds and makes a mockery of First Nations’ Rights.”
