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The Court of Appeal reinstated the Algonquins' action challenging Ontario's recognition of Métis harvesting rights, finding the duty to consult provides standing.
The Algonquins appealed a motion judge's decision to strike most of their claims against Ontario and the Métis Nation of Ontario regarding harvesting rights.
The core issue was Ontario's duty to consult and accommodate Algonquin interests before recognizing Métis communities and extending unlimited harvesting rights, which allegedly impacted Algonquin resources.
The Court of Appeal found the motion judge erred in striking claims for declaratory relief based on standing and in compelling the Algonquins to pursue judicial review instead of an action.
The court emphasized a generous approach to pleadings in Indigenous cases and that the duty to consult provides standing for consequential relief.
The appeal was allowed, reinstating most of the Algonquins' claims, while the cross-appeals by Ontario and the Métis Nation were dismissed.
Motion for leave to appeal dismissed with costs awarded to the responding plaintiffs.
The moving parties brought a motion for leave to appeal an order dated September 18, 2020.
The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding plaintiffs in the amount of $4,625.00 on a partial indemnity basis.
