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an open-pit copper mine

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Quebec
In progress

Supporting the Mitchikanibikok Inik First Nation’s fight to protect their traditional territory

Mitchikanibikok Inik (Algonquins of Barriere Lake) v. Attorney General of Quebec (Government of Quebec and Minister of Energy and Natural Resources)

January 16, 2020

The ancestral territories of the Mitchikanibikok Inik First Nation encompass many sites of ecological, cultural and survival importance, including: Burial sites, ceremonial sites, heritage sites, and occupancy sites; habitat for bears, spawning fish, and bald eagles; and hunting grounds for moose, medicinal plant gathering and tree harvesting.

That’s why for years, the community has fought to keep mining off of their territory — including when junior mining company, Copper One attempted to push through deforestation permits to facilitate mining activities on their land.

Ecojustice lawyers, working with the Centre québécois du droit de l’environnement (CQDE), successfully represented the Mitchikanibikok Inik First Nation as interveners in Copper One’s proceeding against the Quebec government. But that wasn’t the end of the story for the community.

In 2017, Copper One and Quebec engaged in closed-door negotiations that resulted in the hand-over of the company’s mining claims to SOQUEM — a subsidiary of Ressources Québec — in exchange for $8 million. This was done without first consulting the Mitchikanibikok Inik community, as required by the Constitution Act. Since then, claims have continuously been renewed without consultation.

Ecojustice is challenging the constitutionality of certain sections of Quebec’s Mining Act to ensure the Mitchikanibikok Inik First Nation is properly consulted about mining on their ancestral lands. After successfully fending off a government motion that attempted to deny the Mitchikanibikok Inik First Nation their day in court, the case will be proceeding to a full hearing in February 2024.

Quebec’s Mining Act uses the “free entry” system approach. This loophole allows mining claims to be registered without first consulting with Indigenous communities, as required under the Constitution Act which stipulates the government has a legal duty to consult and accommodate Indigenous peoples before making decisions that could impact their communities — this includes actions like granting companies project and permit approvals.

That’s why, on behalf of the Mitchikanibikok Inik First Nation, Ecojustice, in collaboration with CQDE, has filed a lawsuit that argues that Quebec’s Mining Act is unconstitutional. The lawsuit seeks to ensure that mineral claims on their traditional territory are only obtained after due consultation.

A win in this case will see Quebec’s Mining Act amended to ensure consultation takes place. A win would also prevent and remove all mineral claims on Mitchikanibikok Inik First Nation territory.

Ecojustice staff

Danielle Gallant

Josh Ginsberg

Clients/Partners

Mitchikanibikok Inik First Nation

Sep 2021
an open-pit copper mine
press release

Government motion attempts to deny Mitchikanibikok Inik First Nation their day in court

First Nations community challenges free entry mining in Quebec court OTTAWA/TRADITIONAL, UNCEDED TERRITORY OF THE ALGONQUIN ANISHNAABEG PEOPLE – The Mitchikanibikok Inik First Nation will be in the Superior Court of Quebec today for an interim hearing in a case that challenges the constitutionality of certain sections of Quebec’s Mining Act.
Jan 2020
A bright yellow tree overlooks a distance forest of trees.
press release

First Nation launches lawsuit against Quebec’s archaic Mining Act

MONTREAL, January 16th, 2020 – The Mitchikanibikok Inik First Nation (Algonquin of Barrier Lake) is contesting Quebec’s Mining Act and is suing the Government of Quebec for failing to fulfil its constitutional duty to consult the community about mining projects in their traditional territory.
Jan 2020
a large lake reflects an orange sunset.
blog

No consent, no mining

Late yesterday — in partnership with the Centre québécois du droit de l’environnement — Ecojustice launched a constitutional challenge on behalf of the Mitchikanibikok Inik First Nation.
Dec 2017
an open-pit copper mine
press release

STATEMENT: Copper One surrenders mining claims in First Nation traditional territory

OTTAWA — Chief Casey Ratt and representatives from Ecojustice and the Centre québécois du droit de l’environnement (CQDE) issued the following statement in response to mining company, Copper One withdrawing its claims in the ancestral territories of the Mitchikanibikok Inik First Nation: Chief Casey Ratt said: “We fought to drive Copper One and its mining.
Jun 2017
A bright yellow tree overlooks a distance forest of trees.
blog

Victory! Mitchikanibikok Inik First Nation: 1, Copper One: 0

As you might remember, a little more than a month ago, Ecojustice, along with our friends from CQDE, helped the Mitchikanibikok Inik First Nation take legal action and stand up to a mining company that wants to deforest their ancestral land to make way for mining exploration, and eventually a giant copper mine in the middle.