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ARTICLE · 09 SEPTEMBER 2014

Ontario Superior Court Upholds Consultation

Osler, Hoskin & Harcourt LLP
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Ancestors of WFN entered into Treaty 3 with Canada in 1873. Today, about 350 WFN members reside on a reserve located in northwestern Ontario.

CanadaEnergy and Natural Resources
Osler, Hoskin & Harcourt LLP
Osler, Hoskin & Harcourt LLP
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Wabauskang First Nation v. Minister of Northern Development and Mines et al., 2014 ONSC 4424 (Decision) involved a decision of the Director of Mine Rehabilitation (Director) to acknowledge a Production Closure Plan (PCP) submitted by Rubicon Minerals Corporation (Rubicon). The Wabauskang First Nation (WFN), through an application for judicial review, sought to have the Director's decision suspended on the basis that Ontario failed to fulfill the duty to consult when it improperly delegated the duty to consult to Rubicon. The Ontario Superior Court of Justice (Court) dismissed WFN's application.

In the Decision, the Court made a significant observation confirming earlier guidance from numerous courts across Canada – it found that if there had been an improper delegation or a failure to fulfill the duty to consult, the remedy would have been against Ontario and not against Rubicon.

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