Accessibility and Access Keys [0]
An open letter to Natural Resources Minister Claude Béchard,
I am a lawyer residing in Chelsea, Quebec, writing on behalf of Sierra Legal Defence Fund (a non-profit organization dedicated to the protection of the environment) with respect to the issue of mining claims on Crown and private land in Western Quebec. We are concerned that the Quebec Mining Act does not provide adequate protection to, or recognition of the rights of private landowners and residents, and does not ensure that local municipalities may make land use planning decisions based on sustainable development principles. A sustainable approach to mining in Quebec must ensure transparency in decision-making, timely notification of any claims, informed consent prior to any mining exploration activity, and adequate information upon which individuals and municipal governments may make decisions about their lands.
The Mining Act is articulated in an opaque and confusing manner, making it difficult for Quebec residents, property owners and municipalities to stay informed of how the law governs their land. Based on our analysis, it is unclear how this statute interacts with other Quebec laws. This lack of clarity has resulted in a legitimate concern that the Mining Act prioritizes mining rights over individual and community rights by: 1) superceding the right to privacy afforded by the Civil Code of Quebec; 2) contradicting the inviolability of an individual’s home and the right to peaceful enjoyment and free disposition of property as provided for by the Quebec Charter of Human Rights and Freedoms; and 3) circumscribing the power of municipalities to protect the general welfare of residents in accordance with the Municipal Powers Act.
We are concerned about the prioritization of mining rights, as this represents a threat to the sustainable development of our communities, our homes and our families. The “free entry” philosophy that underlies the Mining Act is premised on three criteria that are outlined on the Ministry’s website, namely the right to explore, the right to access land, and the protection of a miner’s claim vis-à-vis other claims. We respectfully disagree with any presumption that mining (including staking, exploration or mine operation) is the best and preferred use of land, and that the exploitation of subsurface rights ought to be prioritized over other individual rights and local planning decisions.
There is a lack of procedural transparency provided for in the Mining Act. First, there is no requirement for a mining company with a prospecting license or exploration rights to inform private landowners of the existence of a license, map designation or claim that may affect their property. Second, it is unclear whether or not the claim holder must, as a necessary precondition to explore for minerals, seek the prior informed consent of a private landowner. Third, there is no guarantee of compensation or any formal compensation/dispute resolution mechanism that private landowners and residents may rely upon; rather, if such individuals are aware of their rights, they may choose to bargain with the lawyer representing the mining company.
Finally, there is no duty for claim holders or the province to consult with municipalities before mining rights are granted. This situation hinders effective land-use decision making processes, and denies municipalities the right to object to development that is unsustainable in their community. Effective local planning efforts necessarily involve the consideration of competing resource uses and the long-term interests of the community. Elected municipal officials must be empowered to refuse, accept or invite mining activities, and to be engaged at a early stage in the mining claims process.
Clearly, the injustices of this Mining Act regime beg for a legislative overhaul. Sierra Legal Defence Fund is only too happy to be working hand-in-hand with local municipalities and citizens in Western Quebec to protect our communities.
Straight to the source…The Low Down to Hull & Back News