Northern Ontario First Nation and a Greenstone mining company going to court

GINOOGAMING FIRST NATION, Ont. — A Northwestern Ontario First Nation is trying to stop mineral exploration within its traditional territory.

Ginoogaming, near Longlac, says it will argue in Superior Court on Tuesday that an area greater than 260 square kilometres needs protection from exploration because it is a "sacred and cultural keystone area."

Michael Malouf of Greenstone, who owns one of two companies the injunction is aimed at, maintains that if the request is granted, "it will be the end of exploration around here."

According to a statement from Ginoogaming, it tried to prevent litigation by writing letters to Premier Doug Ford and Mines Minister Greg Rickford proposing ways under Ontario law that interim and long-term protection for the area could be provided.

It said both letters went unanswered.

"We are trying to have our sacred and ancestral identity respected as a right," said Vice-Chief Sheri Taylor. "Our rights cannot be reduced to only harvesting on the land."

Lawyer Kate Kempton, who represents Ginoogaming, said the First Nation has filed a lawsuit seeking declarations that it has aboriginal rights to protect sacred areas.

"Ontario tries to pigeon hole any burial or other sacred sites as being dots on a map; that it is okay to develop all around and within feet of each one. We are seeking to have an entire 100-plus square mile area protected. And while that case is pending, we are bringing this motion for an injunction," Kempton said.

If the lawsuit succeeds, Taylor said, it will mark an important turning point in Canadian law as it affects Indigenous people.

Malouf, the owner of Geraldton-based Hardrock Extension Inc., will represent himself when the injunction request is argued via Zoom in Superior Court in Toronto.

He said the case is about land tenure.

"What they're fighting for is this free, prior and informed consent – the right to say no anywhere within their traditional territory," Malouf said.

"In our case, we've worked for almost 40 years, find something, and they just go 'Oh, we forgot to tell you it's sacred. We'll just take it, and you go work over there.' It's horrible."

Malouf said the declaration of a sacred area "is a new thing they came up with after years of consultation with us where they didn't mention it at all."

In addition to seeking an injunction against work by his company, Ginoogaming will ask the court at Tuesday's hearing to stop Ontario from issuing an exploration permit to another firm.