Mining in Canada’s Boreal Forest

While Canada’s Boreal Forest is home to stunning northern landscapes and majestic wildlife, it is also increasingly a place for industrial mining sprawl. Though many associate mining in Canada with historical events such as the Yukon Gold Rush of the late 1800s, today the mining industry is alive and well in provinces and territories across Canada, including the Boreal Forest. But as mineral exploration and active mining are increasing, so too are the conflicts stemming from Canada’s outdated mining laws.

Active Mines and Impacts

Today, eighty percent of all mining in Canada occurs in the Boreal Forest. Right now Canada is the world's leading uranium producer, and the third largest producer of diamonds. In the Boreal Forest alone, there are 67 operating mines and more than half a million square kilometers have been staked in mineral claims. In addition to active mines and claims, there are an estimated 7,000 abandoned mines in Canada’s Boreal Forest.

Breakdown of Mines in Canada’s Boreal Forest

Mining is a massive operation. It includes not just the extraction process but also the creation of waste rock and mine tailings, which can result in toxic contamination if not properly contained. In addition to extractive technologies, mines also require a substantial amount of infrastructure to operate, including air strips, roads and power lines.

Some of the more harmful results of mining include acid mine generation and drainage from certain types of waste rock, chemical pollutants from tailings associated with ore separation, and toxic smelters used to refine ore.

But active mines are only part of the story in Canada’s boreal. Many impacts associated with full-scale operational mines occur on a smaller scale during the exploration stages. And conflicts over ultimate use of the land begin the moment a claim is staked.

Exploration and Future Mining

Mining is definitely on the rise across Canada. Uranium and diamond exploration are up in Saskatchewan and copper and gold exploration are up in BC. Ontario leads in overall exploration spending. In addition, more mines are now being developed in more remote locations.

Mining claims remain a major barrier to conservation designations and many mining projects threaten ecosystem and community health. The free-entry system is the dominant practice for obtaining exploration and mineral development rights in much of Canada, especially the boreal forest. Largely a holdover from colonial England, free-entry gives priority rights to mineral exploration companies without regard to surface land uses or the rights of Aboriginal peoples or private landowners. In most parts of Canada operating under a free-entry system, anyone with a prospecting license may physically enter on property to look for minerals and stake a claim, which then gives the individuals and/or company the exclusive right to search for minerals on an exploration property, and to develop any discoveries. In most cases physical staking of a property takes place on the ground. This is known as claim staking. Several provinces in Canada now allow map staking or Internet staking, which allows a company or individual to place a mineral claim on an area and so establish a form of tenure over that area, simply by identifying it on a map.

Free-entry provides prospectors with three fundamental rights:

1. the right to use, enter and occupy lands which may contain minerals for purposes of exploration;
2. the right to locate and register claims on any private or public lands, except for land already staked or leases for mineral exploration or development, land which are exempted or withdrawn from staking, and in rare instances, on private lands where mineral rights have not been retained by Canada’s federal government (also referred to as the Crown).
3. The right to acquire a mineral lease to secure exclusive rights to develop any minerals discovered on the claim. This right of a prospector to acquire a mineral lease is held to be automatic, and like the recording of mineral claims, is subject only to minimal requirements.

Aboriginal Peoples

To many, the vast northern landscape of Canada's Boreal Forest is an untouched ecosystem, but to 14 percent of Canada's population, the Boreal is home. During 150 years of mining in Canada, Aboriginal peoples have experienced the dramatic impacts on their traditional lands from mining.

More than 600 First Nations communities are found throughout the Boreal, including the Innu of Quebec and Labrador, the Ojibway of Northern Ontario, the Cree of Northern Quebec, Ontario, Manitoba, Saskatchewan and Alberta, the Dene of northern Saskatchewan, the Northwest Territories, and the Yukon, the Tlingit, Tse Keh Nay, Gitksan and Tahltan peoples of northern BC, and the Inuit of the far north.

The natural wealth of the Boreal has vital significance to the Aboriginal peoples who have woven their existence into the rhythm of the forest for hundreds of years. The animals of the forest provide food, shelter and clothing. The trees offer fuel for heat and the diverse network of plants is used for healing.

The conflicts associated with the free-entry system are many. In British Columbia recent legal precedents have recognized the concerns of communities and shown where the free-entry system and active mining projects are incompatible with ecological and cultural sustainability. This coupled with the fact that British Columbia Premier Gordon Campbell has committed to a ‘New Relationship’ with First Nations to achieve reconciliation and improved relations means that change could be on the horizon.

Kitchenuhmaykoosib Inninuwug (KI)
In Ontario there are two major conflicts being played out in the media and court system. The first involves the Kitchenuhmaykoosib Inninuwug (KI), an Aboriginal community in northern Ontario’s boreal forest near Big Trout Lake. KI has been peacefully opposing mineral exploration for platinum on their traditional lands by a company called Platinex, Inc. Recently, six leaders of KI were sentenced to six months in prison for contempt charges stemming from their peaceful actions to protect their lands.

Ardoch Algonquin
Further south, the Ardoch Algonquin First Nation is facing a similar conflict. The Ardoch have been peacefully protesting uranium mining on their traditional lands near Sharbot Lake. Recently, one of their spokespeople, Robert Lovelace, was sentenced to six months in prison and fined $25,000 for his actions.

These two conflicts illustrate the inherent problem with mining laws across Canada. The assumptions made under free-entry and the rights of Aboriginal communities are incompatible and a solution is urgently needed.

Solutions

IBCC is working with groups across Canada to adopt new standards that will address and repair some of the more problematic aspects of mining law in Canada. Below are just a few recommendations that would significantly improve the way mining companies do business in Canada.

Start with Conservation and Land Use Planning

Prior to making land available for mineral exploration, land use planning must be undertaken to ensure the rights of affected First Nations. Land use plans could potentially eliminate conflicts between Aboriginal peoples and the mining industry establishing certain areas where mining activities should be off-limits. This would eliminate the conflict-ridden staking process in many cases.

Replace Free-Entry with a New Permitting System
Instead of allowing all land to be explored and staked freely, mining laws should establish a more structured permitting regime that is able to better control the staking process.

Require Prior and Informed Consent from Affected First Nations
Before permits are granted for advanced or intensive exploration activities, mining laws should require applicants to provide detailed work plans and impact analyses, and most importantly, obtain the free, prior and informed consent (FPIC) of First Nations through formal agreements.

Improve Environmental Standards
Exploration activities are often invasive to the surrounding environments. Therefore, it should be required that work plans be created to ensure strict standards of environmental and heritage protection.

Require Financial Assurances
At the moment, there are no requirements for financial assurances or performance bonds during exploration. This needs to change so that companies post bonds for any necessary remediation as part of the initial approval process.

Learn more about the May 2008 report on  mining in the Boreal >