Paul C. Williams

The Thessalon First Nation (TFN) sought an interim injunction to prevent The Municipality of Huron Shores from proceeding with a tax sale of lands TFN claims are part of its reservation.

TFN asserts an historical error in the 1850 Huron Treaty survey.

The Municipality had not collected taxes on the land since 2000, agreeing with TFN's position, but initiated a tax sale due to significant arrears and provincial levies.

The court applied the RJR-MacDonald test, finding a serious question to be tried regarding Aboriginal land title and the Honour of the Crown, irreparable harm if the land were sold, and that the balance of inconvenience favored TFN, especially considering the potential for the Province to mitigate its costs.

The interim injunction was granted, halting the tax sale, with a further hearing scheduled to allow provincial and federal governments to make submissions.

The Attorney General of Ontario brought a motion to clarify the court's previous decision regarding a child with leukemia whose parents sought to pursue traditional Haudenosaunee medicine alongside or instead of chemotherapy.

The court had previously found that the mother's constitutionally protected right under section 35 of the Constitution to pursue traditional medicine meant the child was not in need of protection.

The Attorney General, rather than appealing, engaged in dialogue with all parties, resulting in a joint submission.

The court clarified its decision by adding paragraphs confirming that while the aboriginal right to traditional medicine must be respected, the best interests of the child remain paramount, and that the family could pursue both traditional and Western medicine collaboratively.