Quebec appeals Superior Court decision on mining claims on Indigenous territory

Algonquins of Barriere Lake Chief Casey Ratt speaks as Algonquin First Nations hold a press conference in Ottawa on Thursday, Aug. 10, 2023. (Sean Kilpatrick/The Canadian Press)

An Algonquin community is denouncing Quebec's decision to appeal a court ruling that the province had a duty to consult Indigenous communities before granting mining claims on ancestral territories.

The Mitchikanibikok Inik First Nation, also known as the Algonquins of Barriere Lake, disagreed Wednesday with the government's decision to appeal a ruling handed down on Oct. 18.

“Mining jeopardizes our lands, our rights and the wilderness we have preserved for generations,” said Chief Casey Ratt in a statement, which noted that ”Quebec has chosen to appeal the decision, prolonging the legal wrangling instead of seeing this as an opportunity to move forward in the reconciliation process.”

A constitutional obligation

Last October, Superior Court Justice Chantal Masse affirmed that Quebec did indeed have a constitutional obligation to consult the Indigenous community when granting claims for mineral exploration on its territory. She also ruled that the province must now consult and accommodate First Nations appropriately before any new claims, as well as for existing ones.

“It's disappointing that Quebec is taking the Mitchikanibikok Inik to court instead of working toward reconciliation. Quebec should set an example by modernizing its Mining Act to not only meet, but exceed its constitutional obligations, rather than perpetuating outdated practices,” said Marc Bishai, a lawyer with the Quebec Environmental Law Centre (CQDE), which represents the Indigenous community, on Wednesday.

In the same press release, the CQDE stressed that the decision handed down last October “has significant repercussions on the rights of Indigenous peoples and on the protection of the territory throughout Canada,” as “it puts an end to Quebec's open access mining regime, which allows mining titles to be obtained without prior consultation and which threatened Indigenous rights”.

Quebec contradicts its own law

In her ruling, the Superior Court judge pointed out that when the province allocated mining claims without consultation, it was in direct contradiction with section 2.1 of its own Mining Act.

“This Act must be interpreted in a manner consistent with the duty to consult Indigenous communities. The government shall consult the Indigenous communities separately, when circumstances require,” it says.

In addition, she added, sections 2.2 and 2.3 provide that “taking into account the rights and interests of Indigenous communities is an integral part of reconciling mining activity with other land use possibilities” and that “the minister shall develop, make public and keep up to date a policy for consulting Indigenous communities specific to the mining sector.” 

This report by The Canadian Press was first published in French on Dec. 4, 2024.