Wahgoshig First Nation v. Solid Gold Resources Corp., 2013 Onsc 632
In this case, the Ontario Superior Court of Justice considered when an issue becomes moot such that it need not be heard. The case involved an appeal of an interim injunction granted to the Wahgoshig First Nation (First Nation) enjoining Solid Gold Resources Corp. (Solid Gold) from conducting exploration activities for a period of 120 days, and ordered Solid Gold and the Crown to consult with the First Nation. By the time the appeal was heard, the 120-day time limit had expired.
On November 1, 2012, Ontario's Mining Amendment Act, 2009 came into force, which, among other things, required holders of mining claims to file exploration plans and apply for exploration permits before commencing activities where Aboriginal interests may be involved.1 While the mandatory consultation section was not effective until new regulations were in place, there was a transitional provision that gave the Director discretion to require compliance with the consultation provisions. The Director instructed Solid Gold to consult with the First Nation about its proposed mineral exploration, but Solid Gold began exploration without doing so. The First Nation then obtained the injunction.
Solid Gold appealed, arguing that the injunction should not have been granted. The Crown argued that the appeal was moot because the 120- day period had expired and new regulations had since come into force. The Court accepted the Crown's argument. The appeal had become an academic exercise and the public interest did not require it to be heard.
Footnote
1. For further discussion on this topic, see "New Early Consultation Regulations Released Under Ontario's Mining Act Modernization" in Mining in the Courts, Vol. III.
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