Mining regulatory regime called 'appalling, insulting, discriminatory' by lawyer for communities
Six Northern Ontario First Nations are challenging the province’s Mining Act in the Ontario Superior Court of Justice, arguing it is unconstitutional and overrides their treaty and Charter equality rights.
Indigenous leaders argue this is happening on their traditional land without the required prior engagement with First Nations. They say the Mining Act regime automatically registers exploration ground, allowing claimholders certain land rights that trump First Nation constitutionally protected rights to their lands.
They also point to an “abysmal system of consultation” about exploration on claims and their inability to protect their lands. The First Nation leaders contend dozens of claims daily are being staked on their traditional territories without their knowledge until after the claims are registered. Kempton called the government’s consultation process “nothing more than a paper chase” that involves sending out form letters to First Nations.
In Ontario, mineral exploration activity is regulated under the Mines Act. Under this act and through digital claimstaking, prospectors and exploration companies can register mineral claims on unclaimed Crown lands and conduct exploration. In challenging the system, Jacob Ostaman, KI’s land and environment director, reminded all that their leadership were jailed in 2008 for opposing, what they viewed as, “unlawful incursion” on the traditional territory that went against their rights of holding ultimate decision-making power over their lands. Some precedent in this area was established last September when the B.C.
Canada Latest News, Canada Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Players’ days with Stanley Cup set to hit Ontario, including stop in Six NationsA three-decade-old tradition will bring hockey's top prize to the province in July as Six Nations pays tribute to NHL defenceman Brandon Montour.
Read more »
Brandon Montour to be welcomed home to Six Nations today with Stanley Cup paradeFlorida Panthers defenseman Brandon Montour lifts the Stanley Cup trophy after Game 7 of the NHL hockey Stanley Cup Final against the Edmonton Oilers, Monday, June 24, 2024, in Sunrise, Fla. He'll celebrate on July 24, 2024 with a Stanley Cup parade at Six Nations in Ontario, where he was born and grew up.
Read more »
First Nation calls for removal of mining firm from managing Yukon disaster siteWHITEHORSE — The Na-Cho Nyak Dun First Nation in Yukon says the company that owns the gold mine where there was a massive ore slide and cyanide spill should be removed from managing the cleanup.
Read more »
First Nation calls for removal of mining firm from managing Yukon disaster siteWHITEHORSE — The Na-Cho Nyak Dun First Nation in Yukon says the company that owns the gold mine where there was a massive ore slide and cyanide spill should be removed from managing the cleanup.
Read more »
First Nation calls for removal of mining firm from managing Yukon disaster siteWHITEHORSE — The Na-Cho Nyak Dun First Nation in Yukon says the company that owns the gold mine where there was a massive ore slide and cyanide spill should be removed from managing the cleanup.
Read more »
First Nation calls for removal of mining firm from managing Yukon disaster siteWHITEHORSE — The Na-Cho Nyak Dun First Nation in Yukon says the company that owns the gold mine where there was a massive ore slide and cyanide spill should be removed from managing the cleanup.
Read more »