Appointment of Matt Healy as Chief Executive Officer

They assert that the Ontario Mining Act violates their treaty rights under Section 35 of Canada’s constitution, as well as their charter rights to equality. The core of their argument is that the act allows mineral claims to be staked and exploration activities to commence on their traditional territories without proper consultation or consent.

“The Ontario Mining Act is a piece of racist legislation that bulldozes over First Nations lands and rights,” CBC quotes Chief June Black of the Apitipi Anicinapek Nation as saying in a Monday (August 12) press conference. “It says to the world that the land in Ontario is free for the taking and drilling and blowing up. These are not your lands to give away, Ontario.”

The Ontario Mining Act is a regulatory framework that governs mineral exploration and development in the province.

At its core, the act operates on a “free-entry” system that permits prospectors to stake mineral claims on Crown land — land owned by the government — without prior consultation with Indigenous communities.

While the system has been in place for over a century, the act has faced growing criticism, particularly from Indigenous groups, which believe it undermines their rights and disregards environmental concerns.

The act has been amended multiple times, most recently in 2023 with the Building More Mines Act, which was geared at streamlining the permitting process. However, these amendments have not quelled concerns among First Nations, who have said their lands and waters are being compromised without their consent.

Kate Kempton, who is senior counsel at Woodward and Company Lawyers and is representing the nations, criticized Ontario’s efforts to engage with First Nations at the same press conference, describing it as a “paper chase.”

“The Crown governments … pretend that they’re engaging with First Nations, but they do nothing effectively but send out form letters. It’s an appalling, insulting, discriminatory regime,” she commented.

The legal action seeks to have certain provisions of the Ontario Mining Act declared unconstitutional, and demands that the province consult with First Nations before any mining claims are registered on their lands.

The outcome of this case could set a precedent, not just in Ontario, but across Canada, where similar free-entry systems are in place. As mentioned, the timing of this legal challenge is worth noting, as it coincides with the Ontario government’s broader efforts to position the province as a leader in the global EV supply chain.

In April, automobile giant Honda (NYSE:HMC) announced plans to invest C$15 billion in Ontario to establish a comprehensive EV value chain. The plan includes the construction of an EV assembly plant capable of producing 240,000 vehicles per year, as well as a battery manufacturing facility with a capacity of 36 gigawatt hours annually.

A cathode active material and precursor processing plant is also planned, as is a separator plant.

The investment…