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#GrassyNarrows #FirstNation taking #Ontario to court over #MiningAct, lack of consultation on land claims
'These practices have to change,' #ChiefRudyTurtle tells news conference at Queen's Park
Sarah Law · CBC News · Posted: Jul 12, 2024
"A First Nation in northwestern Ontario is taking the province to court over its Mining Act, arguing the free-entry system violates its constitutional rights.
"#Asubpeeschoseewagong #Anishinabek, known as Grassy Narrows First Nation, has issued a notice of application in the Superior Court of Justice.
"The legal action says the province's Mining Act does not require prospectors to consult with First Nations before staking claims on their traditional lands. It argues this breaches the First Nation's treaty rights under Sec. 35 of the Constitution and goes against the United Nations Declaration on the Rights of Indigenous Peoples [#UNDRIP].
"According to the notice of application obtained by CBC News, there are about 10,000 mining claims in Grassy Narrows's interim area of interest for mining, which covers more than 2,850 square kilometres — more than four times the size of Toronto.
"Grassy Narrows has had a long history of land defence efforts:
- In 2007, the First Nation declared a moratorium on #industrial activity in its territory until the Crown obtained its consent.
- In 2015, Grassy Narrows people voted against industrial #logging in its territory during a community referendum.
- In 2018, Grassy Narrows enacted a land declaration, which bans mining, staking and exploration activities without consent.
- In 2022, the First Nation marked 20 years of its blockade to prevent #ClearCut logging and mining from happening in its traditional territories.
"Grassy Narrows is one of many First Nations in the region speaking out against exploration activities:
- In April, the #Ojibways of #Onigaming issued a statement objecting to a proposed permit for the exploration of an aggregate pit located off Highway 71.
- In March, Cat Lake First Nation filed a court injunction to pause a #GoldMining company's construction of a temporary winter road leading to an exploration camp for a proposed #OpenPit mine.
- Last August, Kiashke Zaaging #Anishinaabek (#KZA), also known as #GullBay First Nation, issued a public notice to warn mining prospectors away from its traditional territory."