Demanding a proper say, Cat Lake First Nation's injunction pauses First Mining Gold's road work for project

Cat Lake First Nation has been granted an injunction pausing a gold-mining company's construction of a temporary winter road leading to an exploration camp for a proposed open-pit mine in northwestern Ontario.

In documents filed in divisional court, the Ojibway First Nation says the 18-kilometre access road is on traditional land and it wasn't consulted before the Ministry of Natural Resources and Forestry (MNRF) issued road construction permits to First Mining Gold Corporation (FMGC).

Cat Lake First Nation Chief Russell Wesley told CBC Thunder Bay his community had been working on an Anishinaabe-led environmental impact assessment of the Springpole Mine Project, with funding and participation from FMGC.

But the Ontario government's approval of the permits "caused conflict," he said.

"It looks like the First Nations are being combative when in fact we're not," Wesley said. "If the province hadn't issued the permits, we would still be going through this process."

The northwestern Ontario community, home to about 650 people, is 440 kilometres northwest of Thunder Bay along the Albany River. Its band council declared a moratorium on mining exploration and related road construction in December 2022 and it was renewed this fall.

Meanwhile, Cat Lake is contending with several other challenges, most recently the loss of its nursing station in a fire Saturday night. The building was the community's central access point to health-care services.

Cat Lake filed the injunction in court on Feb. 21.

Two days later, Regional Senior Justice W.D. Newton issued an interim order for the mining company to pause road construction as the First Nation seeks a judicial review of the MNRF's decision to authorize the work. Newton is expected to hear the motion this week.

In issuing the injunction, Newton cited the importance of consultation with Cat Lake First Nation and its concerns over possible "irreparable harm" from continued construction.

Cat Lake's court efforts come amid escalating tensions between First Nations in the region and the Ontario government over a surge of mining claims, particularly in the Ring of Fire. The crescent-shaped, 5,000-square-kilometre area about 500 kilometres northeast of Thunder Bay is said to be rich in metals needed for electric vehicle (EV) batteries.

But there are also concerns, including by many First Nations, that the provincial government's ambitions for the Ring of Fire could threaten their way of life. 

A spokesperson for the MNRF confirmed to CBC that permits were issued to FMGC on Feb. 9 "for the construction of a temporary access corridor to the Springpole Project site."

Asked to respond to Cat Lake's concerns that the permits were issued without consultation, the spokesperson said in an email, "As this matter is before the courts, we are not able to comment on anything further at this time."