NESKANTAGA FIRST NATION GETS DAY IN COURT TO CHALLENGE INADEQUATE CONSULTATION FRAMEWORK
Beginning today (July 13) and continuing tomorrow Friday July 14, 2023, Neskantaga First Nation will be appearing in Ontario Superior Court seeking court orders about Ontario’s constitutional duty to consult and accommodate Indigenous peoples under the Environmental Assessment Act (“EAA”). To watch the hearing virtually, which begins at 10:00am EST, please click here. Zoom details:
Meeting ID: 648 2057 9385
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In November 2021, Neskantaga launched its “Rule 14.05” Application, seeking declarations from the Court about the nature and extent of Ontario’s constitutional obligations under the EAA. The case is playing out against the backdrop of extensive mining developments in Neskantaga’s homelands, in what the Ontario government calls the “Ring of Fire”.
On July 13-14, the Court will hear from Neskantaga about the complete absence of guidelines or a framework for fulfilling the Honour of the Crown and ensuring that the Duty to Consult and Accommodate is met. Ontario will, in response, make submissions on its position that the current framework is adequate and that no further guidance is needed.
Falconers LLP has the honour of representing Neskantaga First Nation and (former) Chief Wayne Moonias in this proceeding.
Niall McGee, The Globe and Mail (March 7, 2023) – “Neskantaga First Nation says it wasn’t adequately consulted in key Ring of Fire environmental study”
Logan Turner, CBC News (March 6, 2023) – “Ontario approves environmental assessment terms of reference for 3rd and final road to Ring of Fire”