Keewatin v. Ontario (Natural Resources), 2013 ONCA 158

Introduction

On March 18, 2013, the Court of Appeal for Ontario (ONCA) issued its highly anticipated reasons in Keewatin v. Ontario (Natural Resources),¹ unanimously allowing the appeals of Resolute FP Canada Inc. and the governments of Ontario and Canada. The decision clears up considerable uncertainty that resulted from the lower court decision (2011 ONSC 4801), which suggested that Ontario did not possess jurisdiction to "take up" lands in the Keewatin area of Ontario without prior authorization of the federal government, based on the trial judge's interpretation of a "harvesting clause" in Treaty 3. The ONCA confirmed that valid provincial laws over forestry, mining and other matters continue to apply in Treaty 3 territory in Ontario and are entirely consistent with the terms of Treaty 3.