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Quebec is appealing a recent court ruling that the province must consult First Nations before granting mining claims. The original ruling essentially put an end to “free entry” mining claims in Québec and was heralded as a victory by environmental law groups and Indigenous nations, who now say they intend to defend against the province’s appeal.
“It’s disappointing that Quebec is dragging the Mitchikanibikok Inik back to court instead of working towards reconciliation,” Josh Ginsberg, a lawyer with Ecojustice, said in a press release last week.
“Quebec should be leading the way in modernizing mining laws to reflect and surpass constitutional obligations — not doubling down on outdated practices.”
Québec’s Department of Natural Resources and Forests would not comment “out of respect for the legal process,” according to a spokesperson.
The Superior Court ruled in October that Quebec has a constitutional obligation to consult Indigenous communities when granting claims for mineral exploration on their territories. This includes existing mining claim holders, who now must consult with the Mitchikanibikok Inik First Nation, also known as Algonquins of Barriere Lake.
“Free entry” mining means miners can make claims on mineral deposits online for a small fee and minimal effort, and the process authorizes them to start exploration activities like felling trees and taking samples, to name a few.
Mitchikanibikok Inik Chief Casey Ratt previously told Canada’s National Observer the nation is always the last to know when prospectors would start exploratory activities on the nation’s territory, saying the community often discovered these exploration activities after they began.
“Mining jeopardizes our lands, our rights and the wilderness we have preserved for generations,” Mitchikanibikok Inik Chief Casey Ratt said in a Dec. 4 press release issued by Algonquins of Barriere Lake, Ecojustice and Centre Québécois du droit de l’environnement (CQDE).
“First Nations always seem to be an after thought and to me that's what needs to change,” Assembly of First Nations Regional Chief for Quebec and Labrador Ghislain Picard told Canada’s National Observer in an interview. “Quebec is being served reminders left and right.”
British Columbia and Yukon used to have free entry mining regimes, but that changed in response to court rulings in both jurisdictions. In Gitxaala v British Columbia, the court ruled consultation must start as soon as the province considers issuing a mineral claim. The B.C. government complied with the judgment and reformed its mining laws, rather than appeal and force Indigenous communities into protracted litigation, the Ecojustice press release pointed out.
As Quebec appeals the Superior Court’s decision, Picard said Ecojustice is, as always “hoping for the best, but preparing for the worst” but he doesn’t think the appeal is going to go anywhere, based on recent experiences.
“That's why I say, why waste time and money [rather] then try to put that energy into sitting down with First Nations and having that one-on-one discussion?” he said.
“Otherwise, we'll be defining that relationship in the tribunals, it just doesn't make any sense.”
A similar conflict is playing out in Ontario where prospectors are eager to snap up mineral claims. The flood of claims on First Nations territories was so significant, the Chiefs of Ontario called for a moratorium on mining claims last January to deal with the problems with the digital claims system. Ontario is facing several legal challenges against its mining regime, similar to the cases in Quebec, Yukon and B.C. Those cases are still in court.
— With files from Matteo Cimellaro
Natasha Bulowski / Local Journalism Initiative / Canada’s National Observer
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