Six Northern Ontario First Nations are working together, supported by Kate Kempton Senior Counsel, to strike down elements of the Ontario Mining Act as unconstitutional and override their treaty and Charter rights. In particular, the digital registration of exploration ground, allows claimholders certain land rights without consideration of First Nation constitutionally protected rights to their lands. This suit follows the $95-billion lawsuit filed by Neskantaga and the leaders of nine other Ontario First Nations against the federal and provincial governments as a response to development in the Ring of Fire, You can read more about the suit in the Maclean’s article: Inside the Fight for the Ring of Fire (https://macleans.ca/society/environment/ring-of-fire-ontario/) Most recently, a ruling by the Superior Court of Québec recognizing that the Québec government failed for decades in its constitutional duty to consult the Mitchikanibikok Inik First Nation when mining claims were granted on its territory adds to the discussion.
You can read more about the Northern Ontario case in the following linked article:
https://www.timminstoday.com/local-news/first-nations-look-to-take-down-ontarios-mining-act-9340656
Find more about the Quebec ruling here:
https://ecojustice.ca/news/victory-for-mitchikanibikok-inik-first-nation/
Advocating for Rights & Title in these cases not only impact the Nations involved but can support the decolonization of Canadian legal systems. .Woodward & Company Lawyers LLP has assisted several Indigenous Nations in asserting their rights to manage lands and resources. If your Nation is interested in pursuing initiatives in Indigenous-led fire management or facing related legal challenges, we invite you to contact Kate Kempton or another member of our experienced team.