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Grassy Narrows First Nation

vs. Ontario

Courts Decision

The Court finally confirmed the powers of provincial governments to continue to regulate and deal with aboriginal lands, including title lands, and now treaty lands subject to "taking up" provisions.

Grassy Narrows First Nations

  • Grassy Narrows First Nations are also known as the Asubpeeschoseewagong people. Their part of the Ojibwa tribe and located 80 km north of Kenora, ON.
  • Always lived along the Wabigoon-English River northeast of Lake of the Woods
  • Always lived along the Wabigoon-English River northeast of Lake of the Woods

Grassy Narrows people at Supreme Court hearing

Location of Grass Narrows Nation

Similar case

  • Case name: Tsilhqot’in Nation v. British Columbia

  • All judgements that were justified for the Grassy Nations vs. Ontario case was consistent with the Supreme Court’s decision in Tsilhqot’in Nation

  • The Supreme Court of British Columbia held that occupation was established for the purpose of proving title by showing regular and exclusive use of sites or territory within the claim area, as well as to a small area outside that region.

Aboriginal Law

  • Body of Canadian law that concerns a variety of issues related to aboriginal peoples in Canada
  • Provides certain rights to land and traditional practices. Aboriginal is a term used in the Constitution of Canada & includes First Nations, Inuit and Métis people.
  • Influences traditional areas of law, such as taxation, commercial development, oil and gas rights, labour law, criminal law and family law that need to be regarded in the context of Aboriginal law if they involve Canada's Aboriginal people

Treaty 3

Treaty 3 Cont'd

  • Was signed in 1873, by treaty commissioners acting on behalf of the Dominion of Canada and Ojibway Chiefs from what is now Northwestern Ontario and Eastern Manitoba.

  • Involved giving up aboriginal title to a large tract of land in northwestern Ontario and eastern Manitoba in exchange a spacious tract of land, as much as a square mile of land for each family, in a favorable location on the Wabigoon-English River system was reserved for the use of the tribe

  • Tribal members were allowed to hunt, fish, and trap on unused portions of their former domain
  • They received in return the right to harvest the non reserve lands surrendered by them until such time as they were “taken up” for settlement, mining, lumbering, or other purposes by the Government of the Dominion of Canada
  • At the time that Treaty 3 was signed, a portion of land known as the Keewatin area was under the exclusive control of Canada. It was owned to Ontario in 1912
  • Since that time, Ontario has issued licenses for the development of those lands.

Grassy Narrows affected from the Treaty

Case Background

Case Summary

Judges: McLachlin, Beverley; LeBel, Louis; Abella, Rosalie Silberman; Rothstein, Marshall; Cromwell, Thomas Albert; Moldaver, Michael J.; Wagner, Richard

Appellants: Andrew Keewatin Jr. and Joseph William Fobister, on their own behalf and on behalf of all other

members of the Grassy Narrows First Nation

Respondents: Minister of Natural Resources, Resolute FP Canada Inc. (formerly Abitibi‑Consolidated Inc.),

Attorney General of Canada and Goldcorp Inc.

Natural resource companies conducting operations on the basis of provincially granted authorizations have received a welcome confirmation from the Supreme Court of Canada. In affirming the Ontario Court of Appeal's decision, the Supreme Court in Grassy Narrows First Nation v. Ontario (Natural Resources), confirmed that the Province is empowered to "take up" for development what became provincial lands subject to an aboriginal treaty negotiated by the federal government, without federal government approval. This decision echoes the recent ruling in Tsilhqot'in Nation v. British Columbia.

Fundamental question???

Whether Ontario has the power to take up lands in the Keewatin area under Treaty 3 so as to limit the harvesting rights under the treaty, or whether this is subject to Canada’s approval.

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