Ontario Not Appealing Decision Dismissing Its Bid to Duck Shoal Lake Court Case
March 15, 2021
Iskatewizaagegan No. 39 Independent First Nation will have its day in Court against Ontario to pursue its claim of breach of fiduciary duties by the provincial Crown. The First Nation’s claim has to do with Ontario’s failure to protect the First Nation’s interests in relation to the taking of water from Shoal Lake, a culturally significant body of water that forms part of the First Nation’s traditional territory.
Ontario tried to duck out of the First Nation’s lawsuit by bringing a motion to strike the claim against Ontario. On February 17th, Justice Perell dismissed Ontario’s motion in its entirety. Ontario recently informed Iskatewizaagegan No. 39 Independent First Nation that it will not be pursuing an appeal of Justice Perell’s decision. The First Nation welcomes this news.
CBC has reported on these latest developments: https://www.cbc.ca/news/indigenous/shoal-lake-water-lawsuit-iifn-1.5941558
Falconers LLP has the honour of representing Iskatewizaagegan No. 39 Independent First Nation in this litigation. As Julian Falconer told CBC, Justice Perell’s decision represents the first time a court has recognized that the devastating impacts to the First Nation caused by the taking of water from Shoal Lake represents a triable issue that needs to be adjudicated.
https://falconers.ca/court-rejects-ontario-bid-to-duck-shoal-lake-court-case/ – Feb. 17, 2021
https://falconers.ca/ontario-seeks-to-escape-liability-for-iskatewizaagegan-no-39-independent-first-nations-claim-against-ontario-city-of-winnipeg-for-compensation-for-damages-arising-from-water-taking/ – Jan. 18, 2021