First Nations chiefs challenge Ontario mining regulations in court

“Ontario has had knowledge for a number of years that cumulatively mining claims registration and exploration are rising to serious levels,” the statement of claim says.

“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 2,000 active exploration permits showing on MLAS.”

The mining sector’s interest in northern Ontario is driven by the area’s rich mineral resources essential for electric vehicle batteries. While some First Nations support the economic benefits, others are concerned about inadequate consultation and potential environmental harm.

The court challenge was brought forward by the chiefs of Apitipi Anicinapek Nation, Aroland First Nation, Attawapiskat First Nation, Fort Albany First Nation, Ginoogaming First Nation and Kitchenuhmaykoosib Inninuwug.

They argue that the mining claims obstruct their traditional way of life by interfering with their stewardship and governance rights. The statement of claim adds that these claims could threaten local wildlife and disrupt cultural sites.

When a claim is made, the First Nations are required to bear the costs of assessing its impacts on their 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,” the chiefs state.

At a news conference at Queen’s Park, Chief June Black of Apitipi Anicinapek Nation criticized the Ontario mining act, calling it “a piece of racist legislation that bulldozes over First Nations lands and rights.” Legal counsel Kate Kempton labeled the Act as “racist and colonial,” demanding its reform.

The First Nations leaders seek to have certain provisions of the mining act declared unconstitutional and replaced. They criticize the current consultation system as inadequate, describing it as “nothing more than a paper chase.”

Northern Ontario is experiencing a surge in mineral exploration, particularly for critical minerals like nickel, copper and lithium. The chiefs argue that the current mining claims prevent reserve expansion, park creation and hinder their ability to manage their lands according to their laws.

Kitchenuhmaykoosib Inninuwug land and environment director Jacob Ostaman emphasized the historical context, noting that their leadership was jailed in 2008 for opposing what they saw as unlawful incursions. “It is our sacred duty to protect land as entrusted by our ancestors,” said Ostaman.