Northern Ontario’s First Nations Voice: http://wawataynews.ca/
As a legal decision, the Sept. 4 finding that Solid Gold Resources will be allowed to appeal its case against Wahgoshig First Nation over mineral exploration on Wahgoshig’s traditional land was hardly remarkable. It was simply a matter of a company asking for and receiving approval to take its appeal to a higher, precedent-setting court.
The finding of the judge, however, has the potential to have far-reaching consequences on whether mining companies have the duty to consult First Nations before conducting exploration on traditional lands.
Justice H.P. Wilton-Siegel’s ruling to give Solid Gold Resources leave to appeal took aim at the duty to consult – specifically, whether Ontario can pass its duty to consult with First Nations to a mining company.
“I see no basis in the facts of this case for an imposition of a duty to consult on Solid Gold,” Wilton-Siegel wrote. “If the Crown wishes to delegate operational aspects of its duty (to consult First Nations) it … must establish a legislative or regulatory scheme (to do so). The mining act does not presently contain such a scheme.”
The case stems from Wahgoshig’s efforts to block Solid Gold from exploring on its traditional lands in an area thought to contain sacred burial sites.