ISKATEWIZAAGEGAN INDEPENDENT FIRST NATION CONTINUES QUESTIONING OF ONTARIO ON TAKING OF WATER FROM SHOAL LAKE
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Posted by Shelby Percival
- Posted in BlogsNews
Between April 7 and 9, 2026, Iskatewizaagegan Independent First Nation (“IIFN”) conducted 3 days of discoveries examining Ontario’s witness in the ongoing litigation concerning the taking of water from Shoal Lake.
This marked a pivotal moment for IIFN, as it was the first opportunity to question Ontario’s witness under oath, following a January 16, 2026, endorsement of Justice Merritt (the current case management judge), as well as the ruling from Justice Perell dated April 12, 2024.
Justice Merritt’s endorsement orders all Parties to answer every question posed during Discoveries, with refusals permitted only on the grounds of privilege or proportionality. Justice Merritt’s endorsement stems from her ability to recognize the need for a more open exchange of information between IIFN and settler governments, who have historically kept and maintained records and information pertaining to Indigenous Nations. In historical cases such as this one, being able to gather all relevant information is key to arriving at a just determination at trial.
Justice Perell’s 2024 decision rejected Ontario and Winnipeg’s arguments that IIFN waited too long to bring a ‘Headlands’ claim to Court granting leave to IIFN to amend their claim to include the Headlands issue. The First Nation welcomed this ruling by Justice Perell, and that its claims of deprivation and fraudulent concealment, in which their rights to lakebeds, water, islands, and exclusive fishing rights in Headlands Areas were surreptitiously stolen, will be tried on their merits.
Falconers LLP is honoured to assist IIFN in this work. Discoveries were supported by partner Julian Falconer, agent Amy Westland, and associates Jeremy Greenberg, Jordan Tully, and articling student Isabelle Calderhead.
Related Documents:
• Endorsement of Justice Merritt – January 16, 2026
• Decision of Justice Perell – April 12, 2024
• Shoal Lake No. 39 – Fresh as Amended Statement of Claim – Oct. 12, 2021
• Shoal Lake No. 39 Draft Amended Fresh as Amended Statement of Claim – Oct. 11, 2023
• Decision of Justice Perell – February 17, 2021
Related Website Postings:
• Shoal Lake Questions Canada for First Time on Taking of Water from Shoal Lake (Feb. 6, 2026)
• Iskatewizaagegan (Shoal Lake No. 39) Gets their Day in Court after Groundbreaking Ruling Orders Winnipeg and Ontario to Trial on Ontario’s “legislative sleight of hand” (Apr. 15, 2024)
• First Nation (Shoal Lake No. 39) Goes to Court Over Winnipeg and Ontario’s Dishonourable Dealings around the Taking of Water (Mar. 25, 2024)
• Ontario Not Appealing Decision Dismissing Its Bid to Duck Shoal Lake Court Case (Mar. 15, 2021)
