Quebec appeals ruling that scuttles online mapping claims due to Indigenous rights – Canadian Mining Journal


by ahnationtalk on December 9, 2024

In many mining jurisdictions across Canada, exploration companies can go online to a government-maintained web portal and designate on a map the […]

In many mining jurisdictions across Canada, exploration companies can go online to a government-maintained web portal and designate on a map the claims they wish to explore.

By clicking and paying a fee, the government typically accepts the map coordinates, and the explorer then has the right to probe the claim, subject to obtaining regulatory permitting.

But in a landmark judgment that threatens to turn that system on its head, the Superior Court of Quebec ruled in October that accepting a map designation notice regarding a new claim under the Mining Act may adversely affect a First Nation’s claimed aboriginal title or rights. The court decision could also affect mining claims already granted on the First Nations’ territory.