Northern Ont. First Nation files claim against Ontario and Newmont mining

Cree First Nation suing province, mining company Taykwa Tagamou Nation has filed a statement of claim against the province and Newmont, a mining company that owns properties in Timmins.

Taykwa Tagamou Nation (TTN), a Cree First Nation located within Treaty 9, has filed a statement of claim against the Province of Ontario and Newmont, a mining company that owns properties in Timmins.

Chief Bruce Archibald said treaty promises are not being upheld and he’s calling on the company and the province to work with them in managing the cumulative impacts of mining activities.

Newmont’s Pamour Mine, located in the east end of Timmins, is one reason why Taykwa Tagamou Nation has filed a claim.

"It's focused towards one mine right now, but, you know, at the same time, with all the other operations that happened within the 101 corridor or within our traditional territory," Archibald said.

"We want to bring that to the forefront of all the activities that happened over the last 110 years when it comes to mining. So, we're hoping that, you know, this opens up the eyes of all the other proponents that are operating within our territory that haven't properly consulted our community."

Luke Hildebrand, an associate with Headwaters LLP, said the province and Newmont did not consult the First Nation about reopening Pamour.

"They simply did not consult about reopening Pamour, a new open pit mine that's going to do 156 million tonnes of waste rock and I think for TTN, just a bridge too far," said Hildebrand.

In a statement emailed to CTV News, Jennifer Pakradooni, Newmont's head of external communications, said Newmont is committed to having "meaningful and productive relationships" with First Nations communities in Canada, including Taykwa Tagamou Nation.

'Collaborative approach'

"Our collaborative approach, and the many successful agreements with First Nations in Canada, underscore our dedication to working with Indigenous partners and building mutually beneficial partnerships," Pakradooni said.

"Newmont began engaging with TTN for our Timmins operations in 2022, following the Ontario Ministry of Energy, Northern Development and Mines’ designation of TTN as requiring 'low-level consultation.' Prior to this, Newmont’s First Nations engagement focused on four other communities in the Timmins area that the government identified as directly impacted."

"Over the past year, Newmont has engaged in good faith to reach a meaningful and fair agreement with TTN. Our focus is on being responsible operators and affecting change where we can."

Pakradooni said Newmont invested $160 million to establish a water treatment plant at Pamour, Timmins, "which will return upwards of 13 million cubic meters of treated water to the Mattagami, Frederick House and Upper Kapuskasing watersheds."

But Archibald said damage from mining operations to the environment has been going on for a long time and the community wants "proper compensation."

"We had to do a field study or a traditional knowledge study within our territory to identify why we want to be consulted and which we've done, and we've continued to do that," he said.

"We did the study and actually submitted it to Ontario with the proof that we had existence and claim to the areas that are being mined right now and still to this day, we still don't get the recognition or the acknowledgment that we deserve as a community."

Newmont, the Ministry of Mines and the Ministry of Environment, Conservation and Parks were served with the claim on Nov. 21.

In an email to CTV News, spokesperson Ajithaa Thillainathan said since the matter is now before the court, "it would be inappropriate to comment further."

Archibald said he hopes the action will bring all parties back to the table to negotiate a meaningful agreement for the community.