In Landmark Ruling, Information and Privacy Commissioner Supports IIFN’s Inherent and Treaty Rights in Freedom of Information Request
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Posted by Shelby Percival
- Posted in BlogsNews
On January 22, 2026, the Information and Privacy Commissioner of Ontario (“IPC”) released a significant decision granting an appeal brought by Iskatewizaagegan Independent First Nation (“IIFN”) concerning a Freedom of Information (“FOI”) request to the Ontario Ministry of Natural Resources (“MNR”).
The FOI request, submitted in August 2023 by a historian working for IIFN, sought documents relating to the “headland-to-headland” boundary issue. MNR initially estimated that approximately 3,000 responsive records existed, proposed fees of over $7,700, and requested a 360-day timeline to process the request. IIFN appealed that decision on the basis that, as a Treaty partner and Fiduciary engaging in a nation-to-nation relationship, it is not “fair and equitable” for the Crown to charge IIFN for access to records regarding the Crown’s fulfilment of its duties.
In a novel and precedent-setting ruling, the IPC granted a full waiver of all FOI fees in their entirety and ordered MNR to produce the records on an expedited timeline of 180 days, requiring disclosure by July 21, 2026.
Central to the adjudicator’s reasoning was the importance of upholding the Honour of the Crown, its constitutional foundation, and the treaty relationship between IIFN and the Crown. The IPC accepted IIFN’s submissions that these principles must inform how FOI legislation is applied when First Nations seek access to records directly relevant to their Nation.
Importantly, the decision explicitly recognized and affirmed IIFN’s perspective and experience as an Anishinaabe Nation and the profound impacts of the Headlands Issue:
…The subject matter of the requested records relates to [IIFN’s] claims that colonial governments forcibly put in place policies and laws that diminish the IIFN’s control and access to Shoal Lake, its ancestral and Treaty rights to live and harvest in its traditional territories, and its very sense of self as Anishinaabe peoples.
…The Anishinaabe people’s loss of control of the headlands area of Shoal Lake has led to the loss of this area as a travel route for the community members, to access hunting and fishing sites and to access sites for medicine and traditional foods for both personal and commercial purposes, as well as being able to perform certain rituals and ceremonies
This decision not only strengthens IIFN’s ongoing claim against Canada, Ontario, and Winnipeg, but also affirms that open and unfettered access to information is a key component of reconciliation, accountability, and a meaningful nation-to-nation relationship between Indigenous Nations and the Crown.
Falconers LLP Associate Christianne Labelle and agent Amy Westland were honoured to support IIFN on this appeal.
