Supreme Court decision a victory for Canada's Cree communities

The Supreme Court of Canada decided not hear an appeal brought forward by Strateco Resources.

The Cree Nation applauds the Supreme Court of Canada’s refusal to consider Strateco’s appeal

https://www.cngov.ca/the-cree-nation-applauds-the-supreme-court-of-canadas-refusal-to-consider-stratecos-appeal/

Nemaska, Eeyou Istchee, October 22, 2020

The Supreme Court of Canada has refused to consider Strateco Resources’ request to appeal from the Quebec Court of Appeal’s dismissal of the company’s claim against Quebec.

The Supreme Court of Canada has refused to consider Strateco Resources’ request to appeal from the Quebec Court of Appeal’s dismissal of the company’s claim against Quebec. Strateco claimed $200M in damages for Quebec’s refusal to authorize its Matoush Project, an advanced uranium exploration project on Cree territory.

This decision by Canada’s highest court brings to a close a long-running legal battle in which the Cree Nation played a central role. The proposed Matoush Project – the most advanced uranium development project in Quebec – was located on the traditional family hunting grounds of the Cree Nation of Mistissini. In August 2012, the Cree Nation declared a permanent moratorium on all uranium activities in its traditional territory of Eeyou Istchee. In November 2013, the Quebec Minister of the Environment refused to grant a certificate of authorization for the Matoush Project, citing a lack of social acceptability amongst the Cree Nation of Mistissini, the population most directly impacted by the project.

    “We are pleased that the Supreme Court has decided not to hear Strateco’s proposed appeal,” said Grand Chief Dr. Abel Bosum. “For the Cree Nation, this case has always been about more than just the Matoush Project. It is a significant affirmation of our treaty rights. It upholds the integrity of the unique environmental and social impact review process established by the James Bay and Northern Quebec Agreement.”

    Grand Chief Dr. Abel Bosum

    “The Strateco case has confirmed the Cree Nation’s right to participate in development on our territory of Eeyou Istchee,” noted Bill Namagoose, Executive Director of the Cree Nation Government. “The Quebec government and the courts have recognized that the social acceptability of proposed projects is an essential requirement for development in Eeyou Istchee.”

    Bill Namagoose, Executive Director of Cree Nation Government

    “We are committed to protecting our environment and our way of life from the unacceptable risks that uranium mining presents, now and for future generations,” said former Grand Chief Dr. Matthew Coon Come, who was also a witness in the 2017 trial. “The Cree Nation supports development in Eeyou Istchee that is consistent with our values, our way of life and our rights under the JBNQA.”

    Dr. Matthew Coon Come, Former Grand Chief

In its decision issued in January 2020, the Quebec Court of Appeal held that in deciding whether or not to authorize the project, the Minister was not only permitted but required to consider the Cree Nation’s position on the Matoush Project.

Strateco’s claim against Quebec was dismissed at trial in 2017 and the trial decision was upheld by the Court of Appeal in January 2020. Strateco sought leave to appeal from the Supreme Court, which released its decision denying leave on October 15, 2020. The Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government and Cree Nation of Mistissini participated in the case as interveners at all levels of court.

Quebec Cree say top court's decision a victory for Indigenous communities

Supreme Court of Canada decides not to hear appeal of decision to halt development of uranium mine.

https://www.cbc.ca/news/canada/north/cree-strateco-supreme-court-social-acceptability-1.5780766

Oct 29, 2020

The Supreme Court of Canada released a decision on Oct. 15 that it will not hear an appeal brought forward by Strateco Resources in a case against the Quebec government who stopped the company's uranium project near the Cree community of Mistissini.

The Quebec Cree Nation government says the Supreme Court of Canada's refusal to consider an appeal in connection with a $200 million lawsuit against the government of Quebec gives more power to Indigenous communities across Canada to stop resource projects in their tracks. It said it also strengthens the legal notion that social acceptability is an essential requirement for developers.

In a decision released Oct. 15, the Supreme Court refused to hear an appeal by Strateco Resources, which sued over Quebec's 2013 decision to stop a uranium project near the Cree community of Mistissini that didn't have local or Cree Nation government support.

Both the Quebec Superior Court and the Quebec Court of Appeal upheld the notion that the province was allowed to consider social acceptability in refusing to issue a permit to Strateco's Matoush Project.

"According to our interpretation ... the [lower court] interpretations that the project should not be built because it lacked social acceptability is now the law of the land," said Bill Namagoose, executive director of the Cree Nation Government.

With its lawsuit, the company was trying to recover what it said it invested in the project over seven years plus damages, according to Strateco Resources president and CEO, Guy Hébert.

He added that up to the final no from the then Parti Québécois government in 2013, Strateco received 26 different permits and licenses allowing it to move ahead.

The court rulings at all levels send a very bad message to those thinking of investing in Quebec, according to Hébert.

"You can lose your money overnight because of a change in government. You have zero protection. A lot of foreign investors will think twice before investing in Quebec," said Hébert, adding he is disappointed by the Supreme Court's decision not to hear the appeal.

"I thought it was in the national interest."

For Namagoose, the court decisions set an important precedent in Quebec and Canadian law.

"It strengthens... average communities against developers who had free rein for such a long time. Now they have something to constrain them," said Namagoose.

It is also a significant affirmation of the Cree Nation's treaty rights under the James Bay and Northern Quebec Agreement, according to Grand Chief Abel Bosum.

"For the Cree Nation, this case has always been about more than just the Matoush Project," he said in a press release.

Strateco Resources is currently under bankruptcy protection. Hébert said the company still owns the claims to the Matoush Project and is hoping to sell them if another firm wanted to take another try at getting approval.

It's something Bill Namagoose said will never happen.  

"His assets are...totally worthless," said Namagoose. "This project was declared dead by the three levels of a court system and the Cree Nation Government and the Cree Nation people will not change their mind.

"He's dreaming in technicolor," said Namagoose.