Ontario Land Tribunal Finds Environmental and Consultation Concerns Warrant Further Review
Kenora, ON – Indigenous News – The Ontario Land Tribunal (OLT) in a ruling on March 10, 2025 has granted Grassy Narrows First Nation leave to appeal a water-taking permit issued for the proposed Great Bear Gold Project, citing potential environmental risks and inadequate consultation with the First Nation.
The Tribunal found that the Ontario Ministry of the Environment, Conservation and Parks (MECP) may have failed to properly consider the precautionary principle, cumulative environmental effects, and Indigenous rights in its approval of the permit for Great Bear Resources Ltd.
Background: Water-Taking Permit and Environmental Risks
The dispute centers on a Permit to Take Water issued by the MECP on December 20, 2024, which allows Great Bear Resources Ltd. to pump and discharge groundwater as part of its Advanced Exploration (AEX) program near Red Lake, Ontario. The project aims to assess the viability of an underground gold mine but requires removing large volumes of water from underground rock formations.
The initial permit application sought permission to extract up to 8.36 million litres of water per day over five years, but the MECP reduced the approval to 1.22 million litres per day for one year, citing the need for further study.
However, Grassy Narrows First Nation, which relies on the region’s water sources for fishing, trapping, and cultural practices, argues that the permit still poses a serious environmental threat.
Key Concerns Raised by Grassy Narrows First Nation
Grassy Narrows raised several concerns in its legal challenge, including:
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Inadequate Consultation:
- The First Nation argued that the province failed to meet its duty to consult under Section 35 of the Constitution Act, 1982, which protects Indigenous rights.
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Risk of Mercury Contamination:
- Experts warned that waterborne sulphates from the project could trigger mercury methylation, a process that increases toxic mercury levels in local fish.
- Grassy Narrows has already suffered decades of mercury poisoning from historical industrial pollution.
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Lack of Baseline Environmental Data:
- Hydrologists and environmental engineers testified that the MECP did not properly assess groundwater contamination risks before approving the permit.
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Failure to Consider Cumulative Effects:
- Grassy Narrows argued that the permit decision ignored the broader environmental damage from past and ongoing industrial projects in the region, including mining, logging, and hydroelectric developments.
Tribunal’s Findings: A Win for Environmental and Indigenous Rights
The OLT ruling, delivered by Vice-Chair Hugh S. Wilkins and Member Mathieu E. Quesnel, found that Grassy Narrows met the legal tests for leave to appeal under Ontario’s Environmental Bill of Rights (EBR).
The Tribunal determined that:
- The MECP’s decision may not have properly accounted for environmental harm, particularly the risks of mercury contamination.
- The permit conditions were not sufficient to prevent potential groundwater pollution.
- The province may have failed to adequately consult Grassy Narrows First Nation.
The Tribunal ruled that there is “good reason to believe that no reasonable person” could have made the decision to approve the permit given the scientific uncertainty and the precautionary principle in Ontario’s environmental policies.
What’s Next? The Fight Over Water Protection Continues
With leave to appeal granted, the case will now proceed to a full hearing before the Ontario Land Tribunal, where the permit could be revoked or modified.
Grassy Narrows leadership welcomed the decision, calling it a critical step in protecting their rights and environment.
“For generations, our people have suffered from the devastation of mercury poisoning. We cannot allow another project to pollute our waters. This appeal is about protecting our land, water, and our way of life,” said a spokesperson for Grassy Narrows First Nation.
Great Bear Resources Ltd. has defended its environmental record, stating that its water treatment plans will prevent pollution and that it is committed to working with Indigenous communities.
Meanwhile, environmental advocates say this case highlights gaps in Ontario’s mining and environmental policies, urging the government to strengthen Indigenous consultation and water protection laws.
