Keewatin v. Minister of Natural Resources

Appendices 304APPENDICESAppendix A. Summary Describing Procedural Background and History of thisLitigation[1652] From Agreed Procedural and Forestry Narrative: In April of 2000, three Grassy Narrowsmembers – Willie Keewatin, Andrew Keewatin Jr. and Joseph William Fobister – commencedan application for judicial review against the Minister and Abitibi (the "Application"), seekingrelief including the following:[a] A declaration or declarations that each of the Applicants are beneficiaries underTreaty 3 and as such have rights to fish and hunt within the provincially definedWhiskey Jack Forest Management Unit;2011 ONSC 4801 (CanLII)[b] A declaration that the Minister of Natural Resources (the "Minister") or hisdelegate had no authority to approve any Forest Licences, Forest Management Plans,work schedules or other approvals or authorizations for forest operations, within thoselands subject to Treaty 3 that were added to the Province of Ontario by virtue of TheOntario Boundaries Extension Act, S.C. 1912, c. 40, (the "Keewatin Lands") so as toinfringe, violate, impair, abrogate, or derogate from, the rights to hunt and fishguaranteed to the Applicants by Treaty 3;[c] A declaration that within the Keewatin Lands, the Government of the Province ofOntario, its Ministers or delegates, have no power or jurisdiction to "take up" lands forlumbering within the meaning of Treaty 3, since this power is exclusively reserved tothe Government of the Dominion of Canada;[d] A declaration that within the Keewatin Lands, the Government of the Province ofOntario, its Ministers or delegates, have no power or jurisdiction to do or permit anyactivity that infringes, violates, impairs, abrogates or derogates from, the Applicants'rights to hunt and fish pursuant to Treaty 3;[e] A declaration that the activities carried out by Abitibi-Consolidated Inc. pursuantto Sustainable Forest Licence 5442253, the 1999-2019 Forest Management Plan forthe Whiskey-Jack Forest Management Unit, and any work schedules or otherapprovals and authorizations issued by the Minister or his delegate to Abitibi-Consolidated Inc. for its forest operations within the Whiskey Jack ForestManagement Unit, infringe, violate, impair, abrogate, or derogate from, the rights tohunt and fish guaranteed to the Applicants by Treaty 3;[f] A declaration that Sustainable Forest Licence 5442253, the 1999-2019 ForestManagement Plan-for the Whiskey Jack Forest Management Unit and any workschedules or other approvals and authorizations of forest operations, insofar as theyapply to the Keewatin Lands, are void and of no effect;