First Nations Meet at PDAC for Community Collaboration

First Nation leaders gathered at the Prospectors and Developers Association of Canada (PDAC) convention to share insights into the role of partnerships in mining and reconciliation efforts. Attendance of First Nations shows the need to foster positive relationships between mining projects and surrounding communities, as well as having a legal framework that promotes broader benefits for companies and communities. 

During PDAC 2024, Craig Nootchtai, Gimaa (Chief), Atikameksheng Anishnawbek First Nation, Larry Roque, Chief, Wahnapitae First Nation, and Paul Lefebvre, Mayor, City of Greater Sudbury, along with other mining industry insiders, discussed how forming alliances can be a pivotal step toward achieving local prosperity. They emphasized the importance of exchanging shared cultural and environmental values in this process.  

During the event, leaders from Aki-eh Dibinwewziwin (ADLP) shared their insights regarding responsible mining. ADLP is an Indigenous-owned partnership between Atikameksheng Anishnawbek, Wahnapitae First Nation, and Technica Mining. This partnership focuses on promoting sustainable mining practices while respecting Indigenous rights and traditions. “Developing partnerships like ADLP ensures our traditions and culture are incorporated into our economic development values. We continually seek sustainable and environmentally friendly solutions to meet the current and future needs of the mining industry, as the partnerships we establish today will continue to benefit our people for generations to come,” said Gimaa Nootchai. 

Lefebvre sees these partnerships as examples of how both parties can collaborate to achieve common goals that benefit communities. “They set the stage for new opportunities and innovation, ensuring sustainability and stability in our mining sector,” he added. 

Canada has a well-established legal framework for Indigenous consultations, anchored in principles of respecting Indigenous rights and interests. Section 35 of the Canadian Constitution recognizes and affirms these rights, including the right to be consulted on decisions affecting them. The Canadian Environmental Assessment Act 2012, mandates consideration of impact on Indigenous peoples and their rights, with provisions for consultation. Canada's endorsement of the United Nations Declaration on the Rights of Indigenous Peoples further underscores its commitment to meaningful consultation in decision-making processes, including in resource development projects.

Mexico and Indigenous Consultation 

While both Mexican laws and international treaties, such as Constitutional Art. 2, Section B, and the International Labour Organization's (ILO) Convention 169, outline the requirement for indigenous consultation, their implementation has resulted in legal challenges. 

On Feb. 22, 2023, Almaden Minerals announced that the Ministry of Economy (SE) had filed a case before the Court of Puebla to reject two mineral title applications submitted by the company in 2002 and 2008. These applications supported Almaden's Ixtaca project but were reverted to application status following a Supreme Court (SCJN) decision in early 2022. The SCJN ruled that SE should have conducted an indigenous consultation process before granting Almaden's titles. Almaden argues that a third party's lawsuit against the government triggered the issue, claiming the Mining Law was unconstitutional. However, the SCJN rejected this argument and outlined procedures for a proper indigenous consultation, affirming that Almaden followed the legal framework at the time, with its rights protected during the process, as reported by MBN. 

According to SCJN’s case laws on Almaden’s dispute, the consultation with indigenous peoples and communities must precede the issuance of mining concession titles affecting their territories, aligning with the Constitution and ILO’s Convention 169 (Case Law 2024740). Despite the Mining Law's lack of explicit provision for prior, free, and informed consultation, authorities granting mining concession titles are required to conduct such consultations, as it is derived from the Constitution and Convention 169 (Case Law 2024741). Furthermore, indigenous self-identification is based on identity consciousness, making it unnecessary to prove through official documents or prior registration, as this would violate the self-determination of indigenous groups and their members, as outlined in Art. 2 of the Constitution (Case Law 2024732).

The debate over prior consultations with indigenous communities in Mexico's Mining Law continues to be a pressing issue. Deputy Mary Carmen Bernal of PT called for integrating such consultations into the law, citing the need for a well-informed, culturally respectful, and good-faith consultation process. The absence of clear regulations has led to uncertainty for both communities and mining companies, as seen in the case of Almaden Minerals and the Tecoltemi community, she said. 

Experts warn that without clear guidelines, Mexico could face similar challenges seen in other countries, potentially leading to the closure of mines and increased risks for the mining industry. “This situation has been detrimental to both native communities and mining companies, since the lack of precise regulation regarding the prior consultation process results in a violation of the fundamental and human rights of such peoples, as well as increasing risks for the mining industry, since there is no certainty as to the correct way in which to comply with this international consultation obligation, together with the underlying possibility that such an omission could result in serious liabilities regarding the mining concession and the mining projects thereby covered,” said Pablo Mendéz, Managing Partner, EC Rubio.