New Challenging Times: First Nations Fight for Rights Against Ontario’s Mining Act
In a groundbreaking move, six First Nations communities in northern Ontario have joined forces to take on the province’s Mining Act, claiming it flagrantly violates their treaty and Charter equality rights. The bold challenge was announced at a news conference held at Queen’s Park, where representatives from the First Nations, supported by their legal counsel, addressed the media.
Chief June Black of Apitipi Anicinapek Nation minced no words as she denounced the Ontario Mining Act as a “piece of racist legislation that bulldozes over First Nations lands and rights.” She made a powerful statement, asserting, “These are not your lands to give away, Ontario.”
The legal battle spearheaded by the Treaty 9 communities has gained momentum with the filing of a notice of application in the Superior Court of Justice. Woodward and Company Lawyers LLP, an esteemed British Columbia-based firm specializing in advocating for First Nations rights, is representing the communities in this crucial legal showdown.
The case mirrors a similar effort by Asubpeeschoseewagong Netum Anishinabek First Nation, known as Grassy Narrows, challenging the Mining Act for breaching treaty rights and contravening international standards. This comes as part of the broader initiative led by the First Nations Land Defence Alliance to assert their right to free, prior, and informed consent regarding development projects on their territories.
The notice of application targets Ontario’s free-entry mining system, which enables prospectors to stake claims online without adequate consultation with First Nations. The push for changes to the act seeks to ensure that treaty and constitutional rights are respected, echoing a landmark decision in British Columbia where the mining permit system was found to fall short of consulting Indigenous groups.
Speaking at the news conference, Kate Kempton of Woodward and Company Lawyers LLP lambasted Ontario’s consultation efforts with First Nations as a mere “paper chase,” highlighting the pressing need for meaningful engagement to protect Indigenous lands and rights.
The legal battle is seen as a pivotal moment in the ongoing struggle for Indigenous sovereignty and environmental justice. The First Nations involved are determined to safeguard their ancestral lands and resources for future generations, defying a legacy of exploitation and disregard.
As the legal process unfolds, the First Nations are resolute in their fight against mining activities that threaten their way of life. With the potential for a swift decision, the case could set a precedent for upholding Indigenous rights and environmental protections in Ontario and beyond.
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In a groundbreaking move, six First Nations communities in northern Ontario have joined forces to take on the province’s Mining Act, claiming it flagrantly violates their treaty and Charter equality rights. The bold challenge was announced at a news conference held at Queen’s Park, where representatives from the First Nations, supported by their legal counsel, addressed the media.
Chief June Black of Apitipi Anicinapek Nation minced no words as she denounced the Ontario Mining Act as a “piece of racist legislation that bulldozes over First Nations lands and rights.” She made a powerful statement, asserting, “These are not your lands to give away, Ontario.”
The legal battle spearheaded by the Treaty 9 communities has gained momentum with the filing of a notice of application in the Superior Court of Justice. Woodward and Company Lawyers LLP, an esteemed British Columbia-based firm specializing in advocating for First Nations rights, is representing the communities in this crucial legal showdown.
The case mirrors a similar effort by Asubpeeschoseewagong Netum Anishinabek First Nation, known as Grassy Narrows, challenging the Mining Act for breaching treaty rights and contravening international standards. This comes as part of the broader initiative led by the First Nations Land Defence Alliance to assert their right to free, prior, and informed consent regarding development projects on their territories.
The notice of application targets Ontario’s free-entry mining system, which enables prospectors to stake claims online without adequate consultation with First Nations. The push for changes to the act seeks to ensure that treaty and constitutional rights are respected, echoing a landmark decision in British Columbia where the mining permit system was found to fall short of consulting Indigenous groups.
Speaking at the news conference, Kate Kempton of Woodward and Company Lawyers LLP lambasted Ontario’s consultation efforts with First Nations as a mere “paper chase,” highlighting the pressing need for meaningful engagement to protect Indigenous lands and rights.
The legal battle is seen as a pivotal moment in the ongoing struggle for Indigenous sovereignty and environmental justice. The First Nations involved are determined to safeguard their ancestral lands and resources for future generations, defying a legacy of exploitation and disregard.
As the legal process unfolds, the First Nations are resolute in their fight against mining activities that threaten their way of life. With the potential for a swift decision, the case could set a precedent for upholding Indigenous rights and environmental protections in Ontario and beyond.
Am
