The moving First Nation sought interlocutory relief to restrain mining exploration activities within a culturally and spiritually significant area of its traditional territory and to prevent approval of a separate exploration permit application.
The court held that interlocutory declaratory relief against the Crown and the Director was barred by statute, and that relief against another prospector was premature while his permit application remained on temporary hold.
Applying the RJR-MacDonald framework in the context of asserted Aboriginal and treaty rights and the Crown’s duty to consult, the court found serious issues respecting meaningful consultation and potential infringement of s. 35 rights, irreparable harm to sacred, burial, harvesting, and cultural sites, and a balance of convenience favouring preservation of the status quo.
An interim injunction was granted against the permit-holder companies, and the moving party was relieved from the usual undertaking as to damages.
