Supreme Court Dismisses N.L. Mining Lawsuit Appeal

The Supreme Court of Canada has dismissed an appeal by Newfoundland and Labrador to nix portions of a $900 million lawsuit filed by Innu First Nations of Uashat mak Mani-utenam and Matimekush-Lac John against the massive mining company Rio Tinto.

The mining lawsuit seeks $900 million from Rio Tinto and its subsidiary Iron Ore Company of Canada because the mine was allegedly built without the consent of the Innu. The mining lawsuit also asks the Quebec courts to make a declaration about the Innu’s traditional territory.

Portions of the Innu territory are in Newfoundland and Labrador.

Quebec’s highest court found that the Innu could sue Rio Tinto and Iron Ore Company in Quebec Courts. The Newfoundland and Labrador government appealed the decision to the Supreme Court of Canada, arguing that Quebec does not have jurisdiction because the mine operates in Labrador.

The Supreme Court dismissed the Newfoundland and Labrador government’s appeal in a 5-4 split decision, finding that provincial borders should not affect Aboriginal rights because those rights were in effect prior to Crown sovereignty.

“Where a claim of Aboriginal rights or title straddles multiple provinces, requiring the claimant to litigate the same issues in separate courts multiple times would erect gratuitous barriers to potentially valid claims,” the Supreme Court wrote in its ruling.

“This would be particularly unjust when the rights claimed predate the imposition of provincial borders on Indigenous peoples.”

The Innu First Nations filed the Rio Tinto lawsuit in 2013 after Rio Tinto allegedly constructed the mine on the two Innu Nations’ traditional territory in northeastern Quebec and Labrador without their consent. The mining complex is reportedly located in Schefferville and Sept-Îles in Quebec and in Labrador City.

According to the Rio Tinto mining lawsuit, since the mine began operations in the 1950s, it has caused environmental damage, displaced community members and prevented them from participating in traditional practices.

In their dissent, four Supreme Court judges argued that the majority’s ruling could affect federalism in Canada.

“Far from promoting access to justice or reconciliation with Indigenous peoples, it would lead to increased litigation and delays, as well as confusion and loss of confidence in our justice system,” the dissent reads.

The Innu Nation formally represents the Innu of Labrador which include about 2,200 people, according to Innu.ca. In 1976, the Innu organized themselves as the Naskapi Montagnais Innu Association, or NMIA, to protect their interests, land and rights. The NMIA changed its name to the Innu Nation in 1990.

“The Innu Nation’s mandate is to speak as one voice to protect the interests of the Innu people and to oversee all its political and business affairs,” the Innu.ca website states. “The Innu Nation is involved in on-going land claim and self-governance negotiations with the Federal and provincial governments.”

Do you think this lawsuit is fair? Tell us your thoughts in the comment section below! 

The Rio Tinto Mining Lawsuit is Newfoundland and Labrador (Attorney General), et al. v. Uashaunnuat (Innu of Uashat and of Mani‑Utenam), et al., Case No. 37912, in the Supreme Court of Canada. 

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