A new Ontario Court decision says that the Ministry of Natural Resources and T & P Hayes Ltd. failed to uphold its duty to consult Saugeen Ojibway Nation (SON) with respect to a limestone quarry license application on the Bruce Peninsula.
In the case of Saugeen First Nation and Chippewas of Nawash v. Ontario (MNRF) and T & P Hayes Ltd., the Ontario Supreme Court of Justice overturned the Ministry’s licence, finding the MNRF breached its duty to accommodate SON’s aboriginal and treaty rights.
The application has been remitted back to the Minister and MNRF pending completion of adequate consultations with SON.
The SON Joint Chiefs and Councils are celebrating what they’re calling a monumental decision. “This comes after years of efforts to defend our constitutionally-protected rights in the face of hundreds of active quarries in our territory. In this case, our efforts to defend our rights were met with years of stalling, denial of our rights and a refusal to provide us with relevant information,” said Chief Lester Anoquot of Chippewas of Saugeen First Nation. “The Court has recognized that these tactics are not acceptable and do not uphold the honour of the Crown or advance reconciliation. We hope this decision will serve as a road map for how to do better on the many other quarry applications currently in process.”
A key issue in the case was who should pay for SON’s technical experts to review the quarry project, in order to identify and address impacts to SON’s rights. The Court agreed with SON that the Crown should fund such technical reviews.
“These are not our projects and they don’t benefit our communities. Our communities should not have to take from already-scarce community funds needed for housing, education and other essential services to enable someone else’s project. We are asking to participate in consultation on a level playing field that doesn’t disadvantage us,” said Chief Greg Nadjiwon of Chippewas of Nawash First Nation.
