Ontario Appeal court rules against Grassy Narrows: Ontario has jurisdiction over territory

APTN National News
Grassy Narrows First Nation saw their 2011 court victory over the Ontario government overturned Monday by the court of appeal.

The case involved whether Canada or Ontario has the jurisdiction to issue logging permits on the Grassy Narrows territory.

For years the First Nation has been battling the province to stop logging and mining companies from trespassing in its treaty area.

Monday, the court of appeal said the Ontario government has the jurisdiction over logging in the province, including issuing logging permits after all.

“The two-step process is unnecessary to protect the Aboriginal treaty harvesting right because when the Crown, through Ontario, takes up land, it must respect the treaty right,” the court said in its ruling. “It is difficult to see how the process of consultation, which is required when the treaty harvesting right is affected by taking up, would be improved by involving both levels of government.”

It’s not clear on what the wider implications of this decision will be in the area or across the country.

The leadership in Grassy Narrows has the ability to appeal this decision to the Supreme Court of Canada.

Tune into APTN National News tonight to hear from Robert Janes, a lawyer representing Grassy Narrows.

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3 thoughts on “Ontario Appeal court rules against Grassy Narrows: Ontario has jurisdiction over territory

  1. Stephen Ford says:

    Keewatin v. Ontario(N.R.) OCA

    Paragraph 135, – “The Ojibway’s Treaty partner is the Crown, not Canada.Canadfa is not party to the Treaty.”
    No wonder First Nations wanted the Governor General at the negotiation table.

  2. Keewatin v. Ontario (N.R.)
    para. 135 – “The Ojibway’s Treaty partner is the Crown, not Canada. Canada is not party to the Treaty. ”

    And no one could understand why First Nations want the Governor General at the negotiation table.

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