Grassy Narrows takes legal action against mining law

GRASSY NARROWS – Chief Rudy Turtle says his First Nation had to take action against Ontario’s practice of awarding mineral claims without consulting First Nations.

Legal action is necessary “because they have not listened to us at all,” he said, referring to the provincial government. “We keep telling them that they are not consulting properly.”

The Grassy Narrows (Asubpeeschoseewagong) First Nation filed a legal petition on Friday asking the Supreme Court to declare Ontario’s mining law unconstitutional.

The motion also seeks a judicial declaration that the province has a “duty to consult with, accommodate and obtain the free, prior and informed consent of the First Nation” before granting mining rights.

If successful, the lawsuit could force Ontario to withdraw thousands of mining claims staked without consultation on the traditional territory of Grassy Narrows.

“We strive to ensure that our resources and our natural lands remain natural,” Turtle said Friday during a news conference at Queen’s Park in Toronto, where his First Nation is represented by law firm Cavalluzzo LLP.

Under Ontario’s Free Entry system, anyone can become a prospector by paying a small fee and taking a one-hour online course.

Gold prospectors can file their claims online and conduct “assessment work” on the land without consulting or obtaining consent from a First Nation, the Grassy Narrows application notice says.

This violates the constitutional rights of First Nations and contradicts the United Nations Declaration on the Rights of Indigenous Peoples, the court document states.

Grassy Narrows is a founding member of the Land Defence Alliance, a coalition of First Nations that held a protest rally in Queen’s Park last September and demanded (unsuccessfully) a meeting with Prime Minister Doug Ford.

Turtle ran for Ontario Regional Chief in June, saying Chiefs of Ontario organizations must “move forward with strong political advocacy … because we cannot afford to wait for change.” Abram Benedict of Akwesasne won the election.

Mike Stimpson, Local Journalism Initiative Reporter, Thunder Bay Source