Fire circle: a first nation launches a judicial appeal against Ontario

A first nation in northern Ontario demands “an interlocutory and permanent injunction” in order to prevent the governments of Ontario and Canada from allowing or finance mining in the Cercle de Feu region as long as it has not negotiated an agreement concerning these activities.

In an opinion of exhaustive complaint submitted Wednesday, the first nation of Marten Falls – whose territory is located 70 kilometers from the territory prized by the Ontario Prime Minister Doug Ford – argues that any mining in the fire circle carried out without agreement would contravene the charter and to ancestral treaties.

The community also requires $ 300 million to the two government orders for wrongs caused by the rivers in the region.

The First Nation supports in legal advice that the derivation of Albany and Ogoki rivers has provided significant economic benefits to communities in southern Ontario, but A isolated Marten Falls et l’a dispossessed of these rivers.

The effects were catastrophic. First, populations have been destroyed. The traditional canoe routes have disappeared, the rivers have dried up. These changes had a devastating impact on our culture, our diet, our language and our spiritual practicesthundered the chief of Marten Falls, Bruce Achneepineskum, at Queen’s Park.

The indigenous community also maintains that the derivation projects carried out by the province, as well as certain sections of the law to protect Ontario by releasing its economy (“bill of 5”), and the law on Canadian economic unity (“bill C-5”), in Ottawa, contravene its constitutional rights and promises that have been given when the land of Rupert was given to Canada.

One of the complainants’ lawyers, Murray Klippenstein, specifies that by virtue of the provincial law on the responsibility of the Crown and the interesting bodies, it is prohibited to prosecute the province without, beforehand, submit a claim of complaint. The notice of complaint therefore initiates the dispute procedure.

A different judicial appeal

The judicial appeal of the Marten Falls First Nation is different from that of nine other First Nations of the Province in the Superior Court of Ontario, although all these communities attack provincial and federal bills aimed at accelerating the realization of infrastructure projects.

Bill 5, adopted by the Ontario Legislative Assembly at the beginning of June, allows the creation of Special economic zones in which certain projects or promoters can be exempt from certain laws and regulations. The bill arouses the discontent of several First Nations.

Chef Achneepineskum explained in a press point that his First Nation had not joined the appeal of the nine other communities because the case of Marten Falls was unique, due to the derivation of rivers.

We feel that we are facing a particular challenge. The files are similar, but we have chosen to go alone. We may consult the other legal team possibly to check if we can collaborate on other questions.

Conferences with the First Nation

The first nation of Marten Falls is already participating in projects aimed at the development of the Cercle de Feu region. In March 2024, she signed a “community development agreement” with the province. One of the objectives of the agreement was to better prepare the first nation Full participation in road construction projects connecting critical mineral deposits of the fire circle to the manufacturing centers of the South.

Two road projects are also underway in the region in order to link the First Nation to the Cercle de Feu. The first aims to build a road from 190 to 230 kilometers to connect the territory of First Nation to the network of provincial roads.

The second, proposed in partnership with First Nation of Webequie, is to build a road from 117 to 164 kilometers connecting the two territories. This new road would also connect the region of the Cercle de Feu.

In an email statement, a spokesperson for the Minister of Aboriginal Affairs, Greg Rickford, wrote that the First Nation of Marten Falls has since been demonstrated support unwavering Towards the circle of fire by leading the charge in various immobilization projects.

We remain concentrated on the creation of a consensus with the First Nations with regard to our common priorities, such as the construction of all seasonssaid the province.

With the information of Jean-Loup Doudard