Publication

Introduction to the Legal Framework for Mining in Canada

This report is a response to requests from community members, activists, and academics in Canada and abroad for information about how Canadian mining laws function. The document provides a non-technical overview of Canadian mining laws, selected ‘lessons learned’ and the outcomes of mining code reform projects. In order to keep the document accessible to a wide audience we have kept it brief but provide links to sources for more detailed information.

Brief

Presentation to the House of Commons Standing Committee on Finance on Bill C-38, the Budget Implementation Act

Jamie Kneen testified before a special subcommittee of the House of Commons Standing Committee on Finance looking specifially at section 3 of Bill C-38, the section of the budget implementation Act that repeals and replaces the Canadian Environmental Assessment Act and makes serious changes to the Fisheries Act and numerous other environmental laws.

Publication

Environmental and Health Effects of Chromium

Cliffs Natural Resources is proposing to develop a large chromite deposit in a remote area of northern Ontario that has been dubbed the Ring of Fire. Recognising that chromium is a toxic metal that has never been mined in Canada, MiningWatch has conducted a literature review of environmental and human health issues associated with mining and processing the metal. The complete literature review and three summary fact sheets are available here.

Publication
Publication

Environmental assessment law for a healthy, secure and sustainable Canada: a checklist for strong environmental laws

Canadians want strong environmental laws, and they deserve an environmental assessment process that delivers on core Canadian values related to the environment, democracy, and responsible development. This paper outlines our blueprint of what strong environmental assessment legislation must include, at a minimum, to protect those values and ensure wise decisions are made about proposed development through an effective, efficient, inclusive and robust decision making process. Strong environmental assessment (EA) laws should be based on and measured against the following key principles:

Submissions to the House of Commons Environment Committee on the Canadian Environmental Assessment Act (CEAA) 7-Year Review

MiningWatch made two submissions to the House of Commons Standing Committee on Environment regarding the Canadian Environmental Assessment Act, when Jamie Kneen testified before the Committee on November 24, 2011, and as a supplementary written submission in response to the Standing Committee's abrupt announcement of the deadline for submissions and the end of hearings.

Guest Publication

Decolonizing Environmental Management: A Case Study of Kitchenuhmaykoosib Inninuwug

By James Wilkes. This study was done as a Masters thesis at Trent University and is posted here at the request of the author. Canadian environmental management involving Indigenous communities is at a crossroads. First Nation communities in regions holding mineral and other natural resources are coping with legal, economic and political pressures to comply with government and industry demands for resource extraction and exploitation.

Contribution

Occupying Spaces Created by Conflict: Anthropologists, Development NGOs, Responsible Investment, and Mining

Regulators, investors, and communities are increasingly aware of the potential environmental and social harm associated with open-pit mining projects. Local-level conflict is now commonly associated with proposed and operating mines as community members struggle to protect economic and social values of importance to them, to assert the right to refuse a mine, or to advance claims on mining companies for damages. In response, mining companies seek partnerships to help them secure a so-called social licence to operate and manage risk to reputation.

Guest Publication

The Theory and Practice of Perpetual Care of Contaminated Sites

In fall 2010, Alternatives North hired Dr. Joan Kuyek to do a study. Giant Mine in Yellowknife has 237,000 tonnes of arsenic trioxide to take care of. There is a plan to freeze this arsenic, so it can’t leak out and hurt the people and the land. For the Environmental Assessment of this plan, Alternatives North asked for a study of how contaminants are managed in other places.
Publication

Barrick’s Porgera Joint Venture Mine – Neither Sustainable, Nor Development

This case study contends that Barrick Gold's Porgera Joint Venture Mine in Papua New Guinea is environmentally unsustainable and is severely undermining current food security, access to clean water, sustainable livelihood, and health, as well as the long-term development potential, of indigenous Ipili landowners living in the mine lease area. The mine is also eroding the sustainable development of surrounding Ipili and downstream communities. The mine is further implicated in serious human rights abuses.

Brief

Concerns with regard to the mandate and review procedure of the Office of the Corporate Social Responsibility Counsellor for the Government of Canada

[Update, April 4, 2011: CSR Counsellor Marketa Evans has responded to our brief, occasioning a further response from MiningWatch expanding on some of the key issues.] The Office of the Corporate Social Responsibility (CSR) Counsellor’s mandate from the Government of Canada and its review process are similar to those of the Canadian National Contact Point for the OECD Guidelines and replicate many of the shortcomings of that voluntary non-judicial grievance mechanism. This brief outlines some of the main concerns.

Presentation

Corporate Rights Over Human Rights: Canadian mining in Central America

Presentation: Canada is an important player in the global mining industry with important mineral holdings in Latin America. But the lack of an appropriate legislative and regulatory framework to hold our companies accountable for their operations abroad, means we are putting corporate rights over human rights. This presentation gives the example of Goldcorp's Marlin mine in Guatemala, with reference also to HudBay's Fénix nickel project.

Brief

Submission to the House of Commons Standing Committee on International Trade on the Canada-Panama Free Trade Agreement

Canada moves to support mining investment in Panama in the face of mounting human rights abuse by the Panamanian government and concerted opposition from Indigenous peoples, affected communities, and environmental groups. "The agreement as negotiated presents a very real risk of entrenching an ineffective and possibly irresponsible regulatory regime by protecting investments from tougher environmental or fiscal measures."

Publication

Two Million Tonnes a Day - A Mine Waste Primer

The creation of large volumes of waste, including solids, liquid effluents, and air emissions, is a fact of life for mining and mineral processing operations. Depending on the minerals’ natural geology and how they are processed these wastes can often be hazardous to the environment and human health. Solid wastes including waste rock and tailings are, by volume, the most significant waste generated by mining and mineral processing. Solid wastes are typically in the tens to hundreds of millions of tons of waste for a single mine.

Guest Publication

Mining & Health: A Community-Centred Health Assessment Toolkit

Published by the Canary Research Institute for Mining, Environment, and Health, this Community-Centred Health Assessment Toolkit will help members of mining-affected communities conduct their own assessment of the health of their community and guide them in taking steps towards supporting and improving the conditions for health in their communities.

The Toolkit is designed to be used by aboriginal and non-aboriginal communities where there is mining exploration or development or closed or abandoned mines. It can also be used by individuals, support groups, or institutions (academic, health) from outside the community that may be invited to help guide community members through parts, or all, of the health assessment and project planning process.

Publication

Land and Conflict: Resource Extraction, Human Rights, and Corporate Social Responsibility - Canadian Companies in Colombia

This report, researched by MiningWatch Canada, CENSAT-Agua Viva, and Inter Pares, looks at four case studies of Canadian extractive industry investment projects in Colombia, analyzing their associated potential human rights risks. Referring to principles developed by the UN Special Representative on Human Rights and Transnational Corporations, the report identifies issues and circumstances that clearly indicate that transparent and independent human rights impact assessments are necessary to avoid significant potential risk to human rights in existing and proposed extractive projects. Available from Inter Pares on request or download the PDF. Also available in French and coming soon in Spanish.