First Peoples Law Report: NNL Digital News: Timmins, Ontario – Indigenous News – Taykwa Tagamou Nation (TTN) has filed a Statement of Claim against His Majesty the King in Right of Ontario, as well as Goldcorp Canada Ltd. and Newmont Corporation. The legal action seeks to uphold TTN’s rights under Treaty 9 and protect the Nations traditional way of life, which has been increasingly threatened by mining operations in the Timmins area.
Over the past century 56% of the Nation’s traditional have been taken up for development and 38% remains under Crown-sanctioned administrative control for mineral resource development activities. This industrial activity has significantly disrupted TTN’s ability to exercise its Treaty rights and maintain its cultural practices. Despite these realities, Ontario continues to authorize new mining projects that further erode TTN’s way of life, in a direct violation of Treaty 9.
The Statement of Claim highlights the extensive asserted impacts and ongoing risk exposure from the mining operations in the Timmins area, particularly the Porcupine Operations. TTN says these operations have significantly impaired TTN’s ability to exercise their Treaty rights and pass on its traditions to future generations and sustain their culture– both of which were guaranteed by Treaty 9. TTN seeks to halt the re- commissioning and re-mining of the Pamour Mine until Ontario meaningful discharges its constitutional duty to consult and accommodate TTN.
Deputy Chief Derek Archibald called out the longstanding environmental degradation, caused by mining in the area stating: “We’ve watched for years as poor environmental protections allowed these operations to turn our lands and waters into an industrial dumping ground. So, we’re not surprised to see increased investments in water treatment to clean up their mess. Its frustrating that they’ll fund cleanup efforts but refuse to meaningfully engage with use to prevent the damage in the first place. Our lands and rights should not be an afterthought.”
Chief Bruce Archibald of Taykwa Tagamou Nation emphasized the importance of meaningful consultation and resource sharing, stating, “We have a duty to uphold the Treaty. Our ancestors entered into Treaty No. 9 to protect our traditional way of life, and to ensure we all benefit from the bounty of our territory. That balance has not been upheld by our Treaty partner. Meaningful consultation and sharing of resources are essential to uphold the promises made in the Treaty and to ensure that our people can continue to live in harmony with the land and pass on our traditions to future generations.”
TTN is calling on Ontario to fulfill its constitutional duty to consult and accommodate the Nation, and to work with the Nation in managing the cumulative impacts of mining activities.