Supreme Court of Canada Grants Leave to Appeal in Keewatin

On September 19, 2013, the Supreme Court of Canada granted Grassy Narrows First Nation leave to appeal the Keewatin v. Ontario (Ministry of Natural Resources)[1] decision rendered by the Ontario Court of Appeal on March 18, 2013.

In granting Grassy Narrows leave to appeal, the Supreme Court of Canada also denied leave of the Grand Council of Treaty 3 to intervene in the leave motion but allowed the Grand Council to apply for leave to intervene in the appeal itself.

The principal issue before the Court of Appeal in Keewatin was whether the Government of Ontario had the right to take up lands subject to Treaty 3 in the place of the Government of Canada. Treaty 3, which was negotiated and signed by Canada, allowed First Nations the right to pursue hunting and fishing on Treaty 3 lands but made those rights subject to Canada's decision to later "take up" certain lands for mining, forestry and other purposes.

The Court of Appeal overturned the lower court's ruling that...