The Quebec Superior Court handed down an important decision on October 18th, 2024, confirming the Crown’s duty to consult Indigenous communities before granting mining claims.
In a precedent-setting decision, the Court ruling in favor of Mitchikanibibok Inik First Nation (Anishnabeg of Lac-Barrière) states that the Quebec government must consult Indigenous communities on existing and future mining claims.
It follows similar cases in the Yukon and British Columbia, and could mark the end of the “click and claim” era in Canada, transforming mining practices on land that is subject to Indigenous land claims.
The decision underscores the need for greater collaboration between mining companies, governments and the Indigenous. It also presents a challenge for the Quebec government, which will have to review its processes for granting mining claims to ensure that they respect Indigenous rights.
For the mining sector, it will mean adjustments to their practices and an opportunity to reaffirm its commitment to responsible mining in the spirit of reconciliation.
To learn more:
Radio-Canada article
Press release from the Centre québécois du droit de l’environnement