https://www.northernontariobusiness.com/
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.
The leaders of Apitipi Anicinapek Nation, Aroland First Nation, Attawapiskat First Nation, Fort Albany First Nation, Ginoogaming First Nation, Kitchenuhmaykoosib Inninuwug filed a notice of application with the court on Aug. 9.
They take issue with Ontario’s long-tenured free entry system and its digital claimstaking process, which allows companies and mining interests anywhere in the world to stake prospective mineral exploration ground with a mouse click.
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.
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