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ARTICLE · 30 AUGUST 2011

Keewatin Decision Potentially Invalidates Ontario Licences And Leases Granted Within Treaty Lands

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In its recent decision in Keewatin v. Minister of Natural Resources ("Keewatin"), the Ontario Superior Court of Justice held that the Province of Ontario does not have the authority under either Treaty 3 (described below) or the Constitution Act, 1867 to "take up" tracts of land for forestry within lands subject to Treaty 3 that were added to Ontario in 1912 (the "Keewatin Lands") so as to limit the right to hunt and fish guaranteed to the plaintiffs under the Treaty.

CanadaLitigation, Mediation & Arbitration
Vaso Maric
Vaso Maric
Murray Braithwaite
Murray Braithwaite
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In its recent decision in Keewatin v. Minister of Natural Resources ("Keewatin"), the Ontario Superior Court of Justice held that the Province of Ontario does not have the authority under either Treaty 3 (described below) or the Constitution Act, 1867 to "take up" tracts of land for forestry within lands subject to Treaty 3 that were added to Ontario in 1912 (the "Keewatin Lands") so as to limit the right to hunt and fish guaranteed to the plaintiffs under the Treaty. As will be discussed below, if allowed to stand, this judgment may have profound implications for the natural resources sector in Ontario and across Canada.

Background to the Dispute

On October 3, 1873, Canada entered into Treaty 3 with the Saulteaux Tribe of the Ojibway Indians in respect of lands that are situated in what is now northwestern Ontario and eastern Manitoba.

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