Montréal, Val-d’Or – Members of the Coalition Québec meilleure mine (QMM) including MiningWatch Canada, Eau Secours, Revimat and Mères au front – Val-d’Or, reaffirm their full support for the Mitchikanibikok Inik First Nation, who is before the Court of Appeal of Québec today and tomorrow. The nation is defending its historic victory in a case centered on its constitutional rights to be consulted and accommodated prior to the registration of any mining claim and prior to the commencement of any mineral exploration activity on its territory. The Assembly of First Nations Québec-Labrador and the Algonquin Anishinabeg Nation Tribal Council will also intervene in the proceedings to defend the rights of their members, which are being denied and challenged by the Government of Québec and the Québec Mineral Exploration Association.

A ruling by the Superior Court of Québec was handed down in fall 2024, at the same time a bill to amend the Mining Act was under review. Instead of acknowledging the ruling declaring that the province’s mining practices contravene its constitutional obligations, and amending the law accordingly, the Québec government chose to challenge the ruling. More than 225 experts, individuals, and civil society organizations, as well as members of several Indigenous Nations, signed an open letter at the time to condemn the government’s decision.

The recently-elected Parti Québécois could have instructed its lawyers to withdraw the legal challenge brought by the Coalition Avenir Québec. Instead, it chose to uphold the colonial project enshrined by the Mining Act, dating back to the 19th century.

In its submission filed three weeks before today’s hearing, the Québec Mineral Exploration Association (AEMQ in French) argues that upholding the constitutional rights of Indigenous Peoples recognized by the Superior Court of Québec “would have a direct and structural impact […] on the entire Québec mineral exploration industry.” The lobby group simultaneously downplays the extent of these impacts by arguing that the acquisition of mining claims by mining companies “does not allow for the presumption of a concrete adverse effect on the territory.” At most, according to the AEMQ, such an effect would be “hypothetical” for the majority of its operations.

Together, the AEMQ and the Québec government maintain that the new authorization process for impact-causing exploration work is sufficient for the province to meet its constitutional obligations. In our view, however, this process is not a genuine consultation. Section 69 of the Mining Act requires the Minister to grant applications submitted by mining companies, even after having gathered comments from Indigenous communities and local authorities. Furthermore, the Auditor General of Québec, having investigated this absurd mechanism, stated in May 2026 that the government “does not take into account certain concerns frequently raised by communities, particularly those of an environmental nature.”

The AEMQ website states that “the AEMQ’s vision is to become the point of reference in terms of mineral exploration expertise and responsible development in Québec.” Its decision to intervene before the Court of Appeal to argue against upholding the rights of Indigenous Peoples recognized at first instance, as well as the positions it defends in its submission, raise legitimate questions about how this vision is being put into practice.

Quotes: 

“The mining lobby and the Québec government, which defends its interests, are backed into a corner at the Court of Appeal. They are playing their last card in defense of a system of dispossession that has served the mining industry for centuries. Once more, we are speaking out to stand on the right side of history and support Indigenous Peoples, who have endured for far too long a system that violates their rights from the very outset, starting with the issuance of mining claims. Ensuring they receive justice is in the interests of Québec society as a whole,” said Rodrigue Turgeon, lawyer, Canada Program Co-Lead for MiningWatch Canada and co-spokesperson for the Coalition Québec meilleure mine.

“Free mining dates back to a colonial era that should be long gone. Its continued existence only serves to pile up the victims: flora and fauna razed to make way for drilling; lakes and rivers ravaged to save a few pennies; land development subordinated to mining priorities; and the entire population – with Indigenous Peoples at the forefront – forced to live under a sword of Damocles that upends entire lives the moment a deposit is discovered. We urge the government to take serious action to rectify these inequalities, rather than upholding the system that has violated them for far too long,” said Rébecca Pétrin, Executive Director of Eau Secours.

“The rights of mining exploration companies do take precedence over the constitutional rights of Indigenous Nations. They must be consulted and accommodate prior to the registration of any mining claim and prior to the carrying out of any mining exploration work,”  said Marc Nantel, spokesperson for the Regroupement Vigilance Mines de l’Abitibi et du Témiscamingue (REVIMAT).

“Click and claim traps us in a culture of instant gratification, where one can acquire a mining claim just as one might buy any other item online! Given the irreversible nature of the consequences of mining – which always begin with a claim – it seems only natural to prioritize a mechanism that allows us to take the time and resources needed to do things properly. We offer our support and gratitude to the communities that are protecting not only their rights but also the land, for the benefit of future generations!”, said Geneviève Béland, Mères au front – Val-d’Or.

- 30 -

Source: Coalition Québec meilleure mine

For more information: 
Rodrigue Turgeon, lawyer, Canada Program Co-Lead for MiningWatch Canada and co-spokesperson for the Coalition Québec meilleure mine, 819-444-9226, rodrigue@miningwatch.ca