Consult Before Exploring: Mineral Tenure And Indigenous Rights

The resource sector has always been at the forefront of developments in Indigenous law. This past year has borne this out. In 2024, we have seen significant changes to mineral tenure in Canada in several prominent mining jurisdictions. A key decision in the courts of British Columbia, two constitutional challenges in Ontario and legislative changes on the horizon in Québec all foreshadow potential evolution in the approach to mineral tenure across the country.

With these developments in key mining jurisdictions in Canada, it is almost certain that the impact of Indigenous issues on mineral tenure will be felt in 2025 and beyond. Mineral tenure holders operating in these provinces should be mindful of these developments as they could meaningfully affect the rights associated with title and how mineral tenure is acquired and maintained. Such developments also highlight the desirability of proactively engaging with Indigenous communities that could be affected by the