Leave to appeal granted; Director failed to properly apply precautionary principle regarding water taking permit.
Grassy Narrows First Nation applied for leave to appeal a decision by the Director of the Ministry of the Environment, Conservation and Parks to issue a Permit to Take Water to Great Bear Resources Ltd. for an advanced exploration gold mining program.
The Tribunal found that the Applicant met the standing requirements under the Environmental Bill of Rights.
Applying the leave to appeal test, the Tribunal concluded there was good reason to believe no reasonable person could have issued the Permit, as the Director failed to properly apply the precautionary principle, consider cumulative effects, and adopt an ecosystem approach in light of scientific uncertainty regarding mercury methylation and contaminant release.
The Tribunal also found that the decision could result in significant harm to the environment.
Leave to appeal was granted.
OLTOntario Land TribunalMar 10, 2025
