Quebec’s appeal challenges Indigenous rights and environmental justice

MONTREAL/ TRADITIONAL TERRITORY OF THE KANIWN’KEHÁ:KA AND HAUDENOSAUNEE PEOPLES – Mitchikanibikok Inik First Nation (Algonquins of Barriere Lake) represented by Ecojustice, the Centre québécois du droit de l’environnement (CQDE), are heading back to court. Quebec has decided to appeal a ruling that upheld Indigenous rights in the province and that heralded an end to Quebec’s free entry mining regime.

In October, the Superior Court of Quebec ruled that the province’s mining practices breach the constitutional duty to consult and accommodate Indigenous communities, including the Mitchikanibikok Inik. The court declared that Quebec must consult the First Nation before registering new mining claims or allowing exploration on their unceded lands — a significant victory for Indigenous rights.

Despite the clear mandate for consultation, Quebec has chosen to appeal the decision, prolonging legal battles rather than receiving this ruling as a step forward in reconciliation. The Mitchikanibikok Inik and their legal advocates denounced the move as a step backward.

Meanwhile, after a judgment in a similar case led by a First Nation in British Columbia, the government rather chose to comply to the judgment and reform its mining laws without forcing Indigenous communities into protracted litigation

“It’s disappointing that Quebec is dragging the Mitchikanibikok Inik back to court instead of working towards reconciliation,” said Josh Ginsberg, a lawyer with Ecojustice. “Quebec should be leading the way in modernizing mining laws to reflect and surpass constitutional obligations—not doubling down on outdated practices.”

The Superior Court’s decision has significant implications for Indigenous rights and environmental protections across Canada. It effectively ends Quebec’s free entry mining regime, which allows claims to be obtained without prior consultation, threatening Indigenous lands.

The Mitchikanibikok Inik remain steadfast in their opposition to mining on their territory, which includes the ecologically critical headwaters of the Ottawa River. “Mining threatens our lands, our rights, and the wilderness we have protected for generations,” said Chief Casey Ratt.

Ecojustice and CQDE are committed to defending the  Mitchikanibikok Inik’s rights and will defend them against Quebec’s appeal to ensure meaningful dialogue happens as early on as possible, before it’s too late.

“Quebec can either join the movement towards reconciliation or continue down a path of litigation,” said Ginsberg. “We’re prepared to continue all the way in either case.”

Originally posted here.