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A coalition of Indigenous leaders, led by the Anishinaabe First Nation, is calling on the Quebec government to modernize the process surrounding the granting of mining claims.<\/p>\n
“All too often, we only find out after the fact that the rights have been granted \u2014 granted without our knowledge and without us even having a say,” said Lucien Wabanonik, chief of the Lac-Simon Anishinaabe Nation, located in Quebec’s Abitibi-Temiscamingue region.<\/p>\n
Under the current system, the Quebec Mining Act allows “free entry” for anyone to register a mineral claim. <\/p>\n
Wababonik said projects are often at advanced stages of development before communities are even informed of them. <\/p>\n
“This way of doing things has to change,” he said.<\/p>\n
Wabanonik made the comments during a news conference in Val D’or, Que., on Monday, where he was supported by the leaders of the Algonquin Anishinabeg Nation Tribal Council, Kebaowek First Nation, Long Point First Nation and the Abitibiwinni First Nation.<\/p>\n
In a joint letter Monday addressed to Kateri Champagne-Jourdain, Quebec’s minister of natural resources, the chiefs urged the government to adopt a new approach “grounded in respect and dialogue.”<\/p>\n
Contentious open-pit gold mine project<\/p>\n
Earlier this month, the Anishinaabe First Nation filed a legal challenge seeking to put a stop to exploratory work being carried out for the Novador mining project.<\/p>\n
The proposed open-pit gold mine project, located eight kilometres from Lac-Simon on ancestral land, was developed by Probe Gold. The company was acquired by Mexican mining giant Fresnillo in January.\u00a0 <\/p>\n
In its complaint, the community argues that the Ministry of Natural Resources and Forests failed to fulfil its consultation obligations when it granted the mining company the authorization for impact-causing work. <\/p>\n
Wabanonik previously told CBC the authorization allows the company to drill some 260 new holes. <\/p>\n
On Monday he reiterated the community is not opposed to economic development in the area but does not want an open-pit project and never consented to it.<\/p>\n
During the news conference, the chiefs said the government’s approach raises serious concerns regarding the respect of Indigenous rights and titles, as well as Quebec’s constitutional obligations in regard to consultation and accommodation. <\/p>\n
It’s a position that Rodrigue Turgeon, a lawyer with Mining Watch Canada, agrees with. <\/p>\n
He said the free mining system is one that puts the rights and interests of mining companies above all else, including the rights of Indigenous people, the environment and even the economy.<\/p>\n
He says the principles of free mining are rooted in mining laws dating back to 1864, and that it represents an “archaic choice” that the government continues to support. <\/p>\n
Calls to recognize First Nations’ decision-making role<\/p>\n
Turgeon pointed to Quebec’s decision to appeal a 2024 Quebec Superior Court ruling in favour of the Mitchikanibikok Inik First Nation, located in the Abitibi-T\u00e9miscamingue region.<\/p>\n
The court ruling found the government of Quebec had failed in its constitutional duty<\/a> to consult First Nations when granting mining claims on the territory of the First Nation. <\/p>\n In her decision, Justice Chantal Masse ruled Quebec was obliged to consult and accommodate the First Nation on both existing and new mining claims.<\/p>\n The chiefs’ letter to Champagne-Jourdain points to a need for a rigorous consultation process that takes into account the positions of affected First Nations prior to decisions being made, or claims being granted. The process must also recognize First Nations’ decision-making role.<\/p>\n “Any approach that excludes or marginalizes our governments cannot lead to sustainable projects nor to the predictability sought by investors,” the letter reads.<\/p>\n “We reiterate that our territories are neither vacant nor available without our participation.”<\/p>\n CBC News reached out to the Ministry of Natural Resources and Forests for comment but did not hear back in time for publishing.<\/p>\n From the Eastern Townships to Quebec’s Far North and everywhere in between, CBC\u2019s new podcast, This is Quebec<\/a>, brings you the stories shaping life across the province. \u00a0<\/p>\n Tune in to This is Quebec with Breakaway host Alison Brunette for a new episode every Friday on CBC Listen<\/a> or wherever you get your podcasts. \u00a0<\/p>\n