Ontario May "Take Up" Keewatin Lands And Issue Permits Without Canada's Permission

INTRODUCTION

The Ontario Court of Appeal (the Court) recently released its decision in Keewatin v. Ontario (Natural Resources), (Keewatin), overturning an Ontario Superior Court ruling which had held that the Province of Ontario could not "take up" land within a certain portion of the surrendered lands covered by Treaty 3, without first obtaining Canada's approval. Our September 2011 Blakes Bulletin on the trial judge's decision can be accessed here.

The Court's decision confirms Ontario's exclusive legislative authority to manage and undertake land use authorizations or dispositions of public lands in the Treaty 3 area located within Ontario, including the Keewatin Lands, without requiring the Ontario government to obtain Canada's approval. The Court also re-iterated that Ontario, on behalf of the Crown, is legally obliged to respect the Treaty harvesting rights, through consultation and accommodation of the affected First Nations.