Posted: Jul 03, 2021 4:00 AM ET | Last Updated: July 3
Ginoogaming First Nation in Ontario is seeking to protect a sacred area in its traditional territory and establish a legal precedent in Canada that First Nations have the inherent and treaty right to permanently protect sacred areas.(Belenos / Shutterstock)
As the mining industry heats up in northwestern Ontario, a First Nation in Treaty 9 territory has applied for an injunction to stop mineral exploration and protect a sacred area within their traditional territory.
It s a case that some say would set a precedent in Canada, establishing the inherent and treaty right of First Nations to protect sacred areas.
Northern Ontario is brewing a legal battle over the protection of Aboriginal sacred sites and mining rights justicenewsflash.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from justicenewsflash.com Daily Mail and Mail on Sunday newspapers.
Arguments were heard in a day-long hearing Tuesday conducted by video conference.
The First Nation, near Longlac, says Hardrock Extension Inc. has been working in a sacred and cultural keystone area that requires protection.
Hardrock owner Michael Malouf maintains that Ginoogaming s declaration of a sacred area is a new thing they came up with after years of consultation with us where they didn t mention it at all.
The First Nation wants an injunction against further exploration pending the outcome of a lawsuit it has filed.
The lawsuit seeks declarations that Ginoogaming has aboriginal rights to protect sacred areas, and that these areas must not be desecrated with industrial development, said lawyer Kate Kempton.
First Nation’s Lawsuit to Block Gold Exploration at Ontario Site Threatens Prospector’s 35-Year Investment in Project
Group claims violation of UNDRIP rights; province and junior miner cite over a decade of support for consultation and attempts at engagement thwarted
A First Nation in northern Ontario, citing infringement of sacred territory, has sued the province and a prospector for $80 million in damages and an injunction to stop further exploration work and commercialization of hard rock gold claims said to contain tens of millions of ounces.
In response, the Ontario government cites support it’s provided since 2008 to boost the indigenous community’s capacity for consultation including in terms of mineral development.