First Nation calls mining stakes 'unlawful, invalid' as it challenges Ontario's free-entry system
CBC
A First Nation in northwestern Ontario has issued a public notice to warn mining prospectors away from its traditional territory, and says the province's free mine staking system is putting a potential treaty settlement at risk.
The notice by Kiashke Zaaging Anishinaabek (KZA), also known as Gull Bay First Nation, says it opposes recent mining claims made in its vicinity, and will "take all measures necessary to ensure that our interests in these lands are respected and protected," which could include legal action.
Kiashke Zaaging Anishinaabek is an Anishinaabe community situated on the western shores of Lake Nipigon, about 175 kilometres north of Thunder Bay, and has about 1,500 members.
The First Nation has an outstanding land claim against Ontario and Canada about the expanse of its reserve, Gull River 55, and is in the land selection process to expand it by eight to 10 times its current size. This would help recover lands promised in the Robinson-Superior Treaty of 1850.
But Chief Wilfred King said the influx of mining claims may prevent this from happening.
"Gull Bay would not be able to access these lands anymore for [the] reserve, even though they're within three kilometres of our existing boundary," said King. "How can you extend your boundary when these lands are already taken up by mining claims?"
There are hundreds of mining claims staked out near Kiashke Zaaging Anishinaabek that are listed on Ontario's online claims map.
King said things have heated up in the past month, in what he describes as a "lithium rush." The mineral is a key element needed in the production of electric vehicle (EV) batteries. It's one of several critical minerals found in northwestern Ontario that are needed to fuel North America's growing EV industry.
Several First Nations in the area have been clear they won't allow mining in the region without their consent and have restated that position several times this year.
"This is not only a Gull Bay issue — it's an issue of national importance and also of provincial importance," said King.
CBC News contacted the office of George Pirie, Ontario's mines minister, for comment on this story, but had not received a response by time of publication.
Premier Doug Ford and other provincial ministers have maintained they are open to consultations and building consensus when it comes to northern development, though they have not directly addressed the concerns of First Nations leadership on this issue.
Kiashke Zaaging Anishinaabek's land claim dates back more than a decade. In March, the claim moved into a step known as a land selection and compensation process, where the First Nation is looking to extend the area of its official reserve. At the time, there were few claims around Gull Bay, but that's changed since then, King said.
"There [were] basically little or no claims in the vicinity of Gull Bay First Nation," King said. "Had we gotten [approval for the land selection process] earlier, we would have probably had the land selection done and those protection measures would have been in place."
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