OFAH et al v MNRF et al

Thursday April 12, 2018

SCC dismisses applications for leave

Ontario Federation of Anglers and Hunters et al. v. Minister of Natural Resources and Forestry et al. (37772)

 

The application for leave to appeal is dismissed with costs on a solicitor-client basis to the respondents, the Alderville First Nation, the Beausoleil First Nation, the Chippewas of Georgina Island First Nation, the Mnjikaning First Nation, the Curve Lake First Nation, the Hiawatha First Nation and the Mississaugas of Scugog Island First Nation.

 

Here is the summary from the Office of the Registrar of the SCC:

 

"In the course of lengthy litigation between the Williams Lake First Nations [sic] and the governments of Canada and Ontario in respect of rights flowing from two 1923 Treaties covering large areas of Ontario (the “Alderville action”), the governments had amended its pleadings to state that they did not seek the surrender of all of the First Nations’ pre-existing treaty rights to hunt, fish, trap and gather in the lands, and Ontario issued an Interim Enforcement Policy (“IEP”) which permits, with limited exceptions, the First Nations to hunt and fish for food, social and ceremonial purposes in their traditional territories. The Federation commenced a judicial review of the decision to issue the IEP seeking a declaration that the Minister of Natural Resources and Forestry has a legal duty to enforce legislation and regulations governing conservation, hunting and fishing that, but for the IEP, would apply to the First Nations. 

 

The Williams Treaties First Nations applied under Rule 5 of the Rule of Civil Procedure for an order adding them as party respondents in the judicial review proceeding. Ontario, a respondent on the main file but not on this application, consented, but the Ontario Federation of Anglers and Hunters argued that the First Nations’ motion should be dismissed in its entirety. The motions judge granted the First Nations full party status, and awarded costs on a substantial indemnity basis against the Federation. The Federation’s motion for judicial review was dismissed, as was its application for leave to appeal to the Court of Appeal."


Ontario Federation of Anglers and Hunters et al. v. Minister of Natural Resources and Forestry et al. (Ont.) (37773)

 

The application for leave to appeal is dismissed with costs on a solicitor-client basis to the respondents, the Alderville First Nation, the Beausoleil First Nation, the Chippewas of Georgina Island First Nation, the Mnjikaning First Nation, the Curve Lake First Nation, the Hiawatha First Nation and the Mississaugas of Scugog Island First Nation, and with costs on a party and party basis to the respondent, the Minister of Natural Resources and Forestry.

 

Here is the summary from the Office of the Registrar of the SCC:


"In the course of prolonged litigation wherein the Alderville First Nations, as part of the Williams Treaty First Nations (the “First Nations”), brought a civil suit seeking relief in relation to the 1923 Williams Treaties, the Ontario Minister of Natural Resources and Forestry informed the Ontario Federation of Anglers and Hunters that Canada and Ontario were taking the position that not all of the First Nations’ pre-existing treaty rights had been extinguished by the Treaties. The Federation applied for judicial review of the IEP, seeking declarations to prevent the Minister from applying the IEP to the 1923 Williams Treaties’ lands and signatories. The Minister brought a motion to quash the Federation’s application for judicial review. The application was quashed. The Federation’s motion for judicial review of that decision was dismissed, and its application for leave to appeal that further decision was refused."


Do you like this story?


Back to news list