Six regional First Nations have filed a case with the Ontario Superior Court to challenge the province’s Mining Act as an unconstitutional violation of their treaty and Charter equality rights.
A news conference was held at Queen’s Park on Monday morning to publicly announce the case and address questions from the media.
Apitipi Anicinapek Nation is pursuing this case with Aroland First Nation, Attawapiskat First Nation, Fort Albany First Nation, Ginoogaming First Nation, and Kitchenuhmaykoosib Inninuwug.
Representatives from the six First Nations were joined at the conference by Kate Kempton, senior legal counsel at Woodward and Company, who will be representing them in this case.
“The Mining Act in Ontario is racist (and) colonialist in many ways and it has to fall in those ways,” she said.
Kempton cited a substantive change to the Mining Act in 2008 – the first changes made to the act in over 100 years – as a turning point.
“Since 2008, we’ve recognized that First Nations have continued to suffer at the hands of the Ontario government, running a highly racist, discriminatory and unconstitutional regime,” she said.
The case states the “regime” fails First Nations in three ways including the automatic recording of mining claims without prior engagement with First Nations, the structure of the consultation system in reference to exploration of mining claims, and the inability of First Nations to protect their lands from either.
Kempton is adamant this case will change how – particularly, the ease with which – mining claims are recorded in Ontario.
“Those mining claims give certain property rights to the claims’ holder and Ontario’s Mining Act allows those mining claims property rights to trump First Nations rights to those lands,” she said.
Chief June Black of Apitipi Anicinapek Nation said, as a piece of legislation, the Mining Act bulldozes the rights of First Nations communities.
“It says to the world that land in Ontario is free for the taking and drilling and blowing up. These are not your lands to give away.
“Anywhere, anyone in the world can go online and register a mining claim anywhere in the province where another mining claim does not already exist. This is a free-for-all. There are virtually no restrictions to this. Mining claim registration is automatic.
“Any restrictions that do exist are to protect less than five per cent of the lands in Ontario where settlers have interest. Railways, hydro lines, churches, private residences, et cetera can’t have mining claims on them but 95 per cent of Ontario is open for the recording of mining claims and all of these lands are subject to First Nations rights and interests,” she said.
In a statement shared with the media, Ginoogaming’s Chief Sheri Taylor said this case is essentially history repeating itself.
“Ontario says to us, don’t worry, we will consult you before we allow any exploration activity to occur on those mining claims. The recording of claims by itself, takes away our rights to use and protect that land ourselves.
“Added to that is exploration, but the ‘consultation’ that Ontario does before it grants exploration permits, is a system of sending form letters and not much else. It is appallingly weak. It was that that forced us to into court once already, to protect a sacred area from exploration.
“Even though we won that injunction, Ontario will not remove those mining claims; so we’re facing the same threats again,” Taylor said.
During the news conference, Black echoed Taylor’s comments and made it clear the collective of First Nations involved in this case will not be backing down.
“Ontario, you are not allowed to give away our lands and our rights anymore. We are taking you to court to stop this once and for all," Black said.
“I can’t even begin to tell you the feelings that are arising for me and our communities knowing our water is getting so very close to contamination. The water we hold sacred, since time immemorial. The water used during our sacred ceremonies in ensuring we maintain our part in upholding our responsibility to take care of the land as given by the Creator.
"This, today, is the modern day example of doing just that . . . these lands are our home that hold the substance for our future,” Black said.
