Injunction On Gold Exploration Confirms Duty To Consult On Crown Lands

A recent Ontario Superior Court decision has reaffirmed that neither the Crown nor mining companies may ignore their "duty to consult" before beginning mineral exploration on Crown lands that lie within the traditional territory of First Nations. After weeks of procedural delays – during which drilling continued – Wahgoshig First Nation (WFN) finally won an injunction against Solid Gold Resources Corp. (Solid Gold) to halt all mineral exploration activities on Crown lands south of its reserve on the shores of Lake Abitibi. In its action, WFN said the company's drilling could have an adverse effect on its treaty and Aboriginal rights, disrupt hunting and trapping, and permanently damage burial and other sacred sites. WFN sought to enjoin Solid Gold from further exploration for its failure to consult or accommodate.