REQUEST FOR PROPOSALS: Legal Opinion on Mining in Ontario and the Duty to Consult First Nations

Download Full RFP Here: RFP: Legal Opinion on Mining in Ontario 

You are invited to submit a proposal for a project being undertaken by the Chiefs of Ontario to prepare a legal opinion on the impact of mining on First Nations rights in Ontario. In 2023, the Chiefs of Ontario (COO) received a mandate from the Chiefs in Assembly through emergency resolution 23/30S to review and assess possible legal mechanisms to address the lack of consultation with First Nations in the mining sector. The Chiefs of Ontario is seeking a legal firm capable of providing a detailed legal opinion to answer the series of questions prepared by the TWGM’s technicians and COO Secretariat.

The interested candidate’s proposal must include the following:

  • A demonstration of their expertise in addressing issues related to First Nations and mining; specifically the Mining Lands Administration System (MLAS), the Duty to Consult, Ontario’s Mining Act, and The Building More Mines Act.
  • A work plan in alignment with the project deliverables within the provided timeframe (April 2024 – May 2024)
  • A proposed budget for the completion of the work with a budget schedule in alignment with the completion of each project deliverable

BACKGROUND AND CONTEXT

The province continues to expedite the rate at which mineral exploration and development occurs at the expense of First Nations. Thus far, many concerns of the impacted First Nations have gone unresolved as the province continues to neglect the duty to consult, their fiduciary responsibilities to First Nations, and the United Nations Declaration on the Rights of Indigenous Peoples, including the principle of Free, Prior, and Informed Consent.

Resolution 23/30S: Mining Encroachment in First Nations Traditional Homelands and Territories was passed by the Chiefs in Assembly at the 2023 Fall Chiefs Assembly. This Resolution directed the Chiefs of Ontario Secretariat to coordinate a technical review and feasibility assessment focused on the legal mechanisms executed in similar cases to the issue of the MLAS and First Nations in Ontario. The Resolution mandates that decisions including the Landore Decision (2018), the Saugeen SON Decision (2017), and the Gitxaala v. British Columbia (2023) be considered when addressing the series of questions prepared by the TWGM’s technicians and COO Secretariat.

Additionally, the Resolution initiated the establishment of a TWGM as a part of the mandated Mining Sector Strategy. This group brings together technicians from First Nations across Ontario to facilitate wholesome discussion on the mining activities impacting the land and infringing on Aboriginal, Inherent and Treaty Rights. A series of questions was drafted by the TWGM that addresses the key concerns of the technicians regarding mining and the rights of First Nations, and can be found in full within the downloadable RFP as attached above.

To find Objectives, Key Deliverables, Proposal Evaluation Criteria and Requirements, please view and download the Request-for-Proposals in its entirety here.

RECEIPT OF PROPOSALS

Packages to be clearly marked: “RFP: Legal Findings” no later than April 15, 2024 at 12:00PM Eastern Standard Time (EST).

Please submit electronically to the Policy and Communications Sector at chris.hoyos@coo.org and CC’ Annabelle.MacRae@coo.org. Submissions received after the stated deadline will not be accepted.

Selection of consultant will be awarded by April 17, 2024.