Grassy Narrows First Nation is launching a legal application today asking the court to declare that Ontario’s Mining Act is unconstitutional and has no force or effect in Grassy Narrows' area. If successful, the action could require Ontario to rescind the thousands of existing mining claims that have been staked on Grassy Narrows lands without any consultation and against Grassy Narrows’ will.
Under Ontario’s free entry mining regime anyone can become a prospector by paying a $25 fee and taking a one-hour online course. Prospectors can stake claims remotely online and do invasive assessment work on the claims without any consultation whatsoever, and without Grassy Narrows' free, prior, and informed consent. Grassy Narrows is notified about the claims only after they have been granted and the claim holder has gained the right under Ontario law to own and pursue any valuable minerals they contain.
The Application alleges that this violates s.35 of the Constitution Act, which requires meaningful consultation and accommodation (including consent in some circumstances) before activities that could impact Grassy Narrows' rights take place. It also violates the UN Declaration on the Rights of Indigenous Peoples which requires free, prior, and informed consent before industry encroaches on their traditional lands.
While Grassy is bringing the case about their area, it brings into question the validity of nearly all existing mining claims in Ontario, and the system for staking new claims. The same free entry regime and the rights of Indigenous Peoples under s.35 of the Constitution Act and international law apply across the province.
“This old law is outdated, unconstitutional, and offensive” said Chief Rudy Turtle of Grassy Narrows. “The mining act takes us in the opposite direction of reconciliation and healing, and forces more grief and conflict on my people whose burden is already too great. I will not stand for this, and I hope that the courts will see that justice is done here for Grassy Narrows and for all First Nations."
Grassy Narrows is being represented by the Canadian Environmental Law Association and Cavalluzzo LLP.
To read more about this Application, see the below news articles: