But in a landmark judgment that threatens to turn that system on its head, the Superior Court of Quebec ruled in October that accepting a map designation notice regarding a new claim under the Mining Act may adversely affect a First Nation’s claimed aboriginal title or rights. The court decision could also affect mining claims already granted on the First Nations’ territory.
The Court ruled that accepting such claims triggered the duty to consult and prior consultation was necessary. It was based on evidence that collecting mineral samples could have negative consequences on the First Nation, affect non-renewable resources and Indigenous rights, and its carrying out of cultural and spiritual practices.
Wide-ranging impact
The Superior Court judgment in Mitchikanibikok Inik First Nation vs. Procureur general du Quebec, applies only to the Mitchikanibikok Inik (Algonquins of Barriere Lake)—which launched the…
