Montreal/Traditional Territories of the Kaniwn’kehá and Haudenosaunee Peoples, October 21,  2024 – In a recent ruling, the Superior Court of Québec recognized that the Québec government failed for decades in its constitutional duty to consult the Mitchikanibikok Inik First Nation ( also known as the Algonquins of Barriere Lake) when mining claims were granted on its territory, and that it must now consult and as appropriate accommodate Mitchikanibikok Inik First Nation on existing and new claims. 

Represented by lawyers from the Centre québécois du droit de l’environnement (CQDE) and Ecojustice, the Mitchikanibikok Inik First Nation achieved its goal of confirming that it must be consulted before mining claims are granted and before exploration activities are undertaken on its territory where Aboriginal rights and title are asserted

This victory adds to those of other Indigenous communities that have challenged “free entry” mining regimes in other provinces: the case of the Ross River Dena Council in Yukon and the case of the Gitxaala and Ehattesaht First Nations in British Columbia. This victory also paves the way for other Indigenous communities in Québec.

“The Court recognized what we have always said: the Mitchikanibikok Inik have never given up our rights and sovereignty, and Quebec must stop allowing claims and impacting our territory without asking us first. We will never accept mining that puts our rights and our land at risk. We call on Quebec to obey the Court’s judgment and put a halt to all mining claims and exploration on our territory immediately.”  – Chief Casey Ratt, Mitchikanibikok Inik 

“With this decision, the court sends a clear message: free-entry mining which fails to uphold the duty to consult and accommodate is unconstitutional. This ruling is a big step forward in the long journey toward full recognition of Indigenous Peoples’ rights and sovereignty.” – Joshua Ginsberg, Lawyer at Ecojustice