Keewatin v. Minister of Natural Resources

Appendices 307[1659] In summer 2008, Abitibi (now Abitibi-Bowater Inc.) indicated to the Ministry its interestin having discussions regarding the transfer or surrender of its sustainable forest licence for theWhiskey Jack Forest. This was the primary tenure underlying the forestry authorizations that thePlaintiffs had challenged. Discussions with the Ministry about a formal surrender of the licensewere initiated in September 2008. In April of 2009, Abibiti entered into protection under theCompanies' Creditors Arrangement Act, R.S.C., 1985, c. C-36, as amended (the "CCAA.")[1660] In June of 2009, Gascon J. of the Quebec Superior Court issued an order in the CCAAproceedings lifting any stay of proceedings as it applied to Abitibi's participation in this actionand determining that the stay under the CCAA did not apply in this action as against Ontario andCanada.[1661] As of September 29, 2009, the Minister accepted Abitibi's surrender of its sustainableforest licence for the Whiskey Jack Forest. Counsel for Abitibi withdrew from furtherparticipation in the trial on November 16 th , 2009.2011 ONSC 4801 (CanLII)[1662] In 2009, the plaintiff Willie Keewatin passed away. The title of proceeding and theRepresentation Order were amended accordingly, on consent.[1663] No new sustainable forest licence has been issued for the Whiskey Jack Forest. However:[a] Some timber harvesting has continued in the Whiskey Jack Forest since Abitibisurrendered its sustainable forest licence, on the basis of forest resource licencesissued by the Ministry of Natural Resources for specific areas (outside of the areaidentified by Grassy Narrows as its traditional land use area);[b] Ontario has not taken any steps to remove the Whiskey Jack Forest, or theprovincial Crown lands identified by Grassy Narrows as its traditional land use area(which are within the Whiskey Jack Forest), from the inventory of lands available foruse or disposition on the basis of provincial authorizations, including authorizationsthat would permit forestry operations;[c] The Ministry of Natural Resources continues to explore issuing a new licence orlicenses for the purpose of authorizing forestry activities in the Whiskey Jack Forest,and continues to engage in discussions with Grassy Narrows and others with respectto the Ministry's interest in issuing one or more forestry licences for areas within oroverlapping the area identified by Grassy Narrows as its traditional land use area;[d] To date, Grassy Narrows has not agreed to the types of forestry operationsproposed by the Ministry for that part of the Whiskey Jack Forest that GrassyNarrows identifies as its traditional land use area. As noted above, part of the areathat Grassy Narrows identifies as its traditional land use area, lies within theKeewatin Lands.