Northvolt lawsuit receives notice of Case Management Judge appointment

03/25/2024

The Mohawk Council of Kahnawake (MCK) wishes to inform the community of updates in the lawsuit filed with the Quebec Superior Court in January 2024, which demanded that the federal and provincial governments respect their duty to consult on the Northvolt Project.

First, notice was received to advise the Mohawk Council that the request for Special Case Management was approved, and a judge was appointed to our case. Special Case Management is the appointment of one judge to oversee all filings related to a particular lawsuit, and the advantage is that the Judge�s familiarity with the case and with caselaw relevant to First Nations can result in a faster resolution.

Second, the MCK collaborated with the David Suzuki Foundation to participate in a joint press conference to join voices together in opposition of how the project is being implemented. The press conference took place on Monday, March 18, and was also attended by environmental and citizen groups. Coverage of the event can be viewed here.

"As Kanienkehaka, we have traditional responsibilities to act as stewards to the environment and obligations to protect it through the Ohen:ton Karihwatehkwen. By ignoring their duty to consult, the governments are essentially removing our ability to meet our cultural obligations," stated Ross Montour, lead Indigenous Rights and Research. "Although they have stated that they are committed to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), allowing an Economic Development project′s timeline to infringe upon our right to self-determination shows that UNDRIP only applies when it is convenient for the government."

"At a global scale, we are facing multiple ecological crises caused by colonial and ongoing approaches to economic and environmental governance which have driven massive social, cultural and health inequities for centuries, with a disproportionate impact on Indigenous communities," stated Sabaa Khan, Director General, David Suzuki Foundation. "The reality of our current provincial legal and regulatory landscape and industrial development and consultation practices, is that they lie in fundamental contradiction with inherent and constitutionally recognized Indigenous rights, as well as the universally recognized human right to a healthy environment."

The MCK will continue to provide updates to the community on this suit.

To view the Press Conference in its entirety, click here.