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.
