On July 10, 2024, Grassy Narrows First Nation (Grassy Narrows)
launched a challenge against Ontario's Mining Act (the Mining
Act), claiming that the system for granting mining claims
pursuant to the legislation (the Mining Claim Regime) is
unconstitutional and inconsistent with the United Nations Declaration on the Rights of
Indigenous Peoples (UNDRIP). Grassy Narrows also asserts
that Ontario breached its duty to consult Indigenous peoples by
granting mining claims and allowing exploratory work without
discharging its duty to consult and receiving Grassy Narrows'
free, prior and informed consent.
The Mining Claim Regime and Free-Entry Systems
Ontario's Mining Claim Regime is a 'free-entry'
system. A free-entry system allows nearly any person to register a
mining claim (also commonly referred to as a 'mineral
claim') on public and private land, including the territories
of Indigenous communities. The holder of a mining claim then
automatically receives rights to
