Matawa files judicial review

Matawa First Nations has filed a judicial review over the Canadian Environmental Assessment Agency’s failure to implement a more thorough study of the Cliffs Chromite project.
“For over five months our chiefs have been insisting that the CEAA move to a negotiated Joint Review Panel EA process, but they continue to ignore us,” said Aroland Chief Sonny Gagnon during a Nov. 7 announcement in Ottawa. “We are remote communities with no capacity to respond to a Comprehensive Study EA. In order to participate we need adequate funding and expertise, which none of our First Nations have received.”
Judicial reviews are filed to ask for a court review of the administrative decision of a government authority.
Gagnon said the federal government has completely failed its duty to consult and accommodate the Matawa First Nations, noting that travelling to the communities and telling community members what you are going to do is not consultation.
“We want to negotiate an agreement on how we will participate, but they have not responded to our request,” Gagnon said. “We have no option now but to file the judicial review. We want to work with the government and the companies to participate in this process. A negotiated Joint Review Panel EA is the way to do that.”
The Mushkegowuk chiefs have declared their support for the Matawa First Nations, noting the rivers that flow by proposed mine sites in the Ring of Fire flow directly to many Mushkegowuk communities.
“More than half of our Mushkegowuk communities are along the James Bay coastal area,” said Mushkegowuk Grand Chief Stan Louttit. “We intend to stand with the Matawa First Nations on any action they may take to protect their land and their communities.”
Grand Chief Stan Beardy said Nishnawbe Aski Nation First Nations have internationally recognized human and treaty rights, including those rights stated in the United Nations Declarations on the Rights of Indigenous Peoples and the Canada Constitution.
“The bottom line is that the proposed Ring of Fire development cannot proceed without the free, prior, and informed consent of the affected First Nations,” Beardy said. “That is the law and the standard of engagement.”
A CEAA spokeswoman said the agency could not make any comments about the judicial review.
The Matawa chiefs withdrew their support from any Ring of Fire development on Oct. 20 until the CEAA implements a negotiated Joint Review Panel Environmental Assessment instead of the Comprehensive Study EA Process.
The Ring of Fire mineral exploration area is located near the Matawa First Nation communities of Marten Falls, Webequie and Neskantaga in the James Bay lowlands.