Oral Arguments Today in the Canadian Supreme Court in Keewatin v. Ontario

The case on Harvesting Rights in Treaty 3. Description here:

The case is about Ontario’s authority to issue forestry authorizations in Treaty 3, which covers most of north-western Ontario and extends into Manitoba. After one of the longest and most thorough treaty interpretation trials in Canadian history, Justice Sanderson of the Ontario Superior Court of Justice decided that the Ojibway made treaty in 1873 with Canada, not Ontario. This, coupled with Canada’s exclusive responsibility for “Indians, and lands reserved for the Indians” under the constitution, meant that only Canada had the authority to issue forestry authorizations that would significantly affect Treaty 3 hunting and fishing rights.

A unanimous Court of Appeal disagreed. Relying heavily on the Privy Council’s 1888 decision in St. Catherine’s Milling, the Court held that Ontario’s ownership of Crown lands in Treaty 3 left no role for the federal government in land-use decisions affecting treaty rights. To involve Canada, said the Court, would create an “unnecessary, complicated, awkward and likely unworkable” process.

First Peoples Law firm blog posted the briefs (or factums).

First Nations’ briefs here.

Government’s briefs here.