3 northern First Nations take Ontario to court over environmental protection, treaty rights

Three First Nations in northern Ontario are challenging the province on its use of the boreal forest, and allege it has failed to uphold treaty obligations.

The Treaty 9 First Nations Missanabie Cree Nation, Chapleau Cree First Nation and Brunswick House First Nation are pursuing legal action against the government, arguing forestry operations have harmed their traditional way of life.

"They say that Ontario's approach to authorizing industrial development in the boreal forest has harmed the boreal forest and its ecosystem that their way of life and livelihood depend on," said Amy Westland, a lawyer with First Peoples Law, which represents the three First Nations.

The three argue there were no proper mechanisms in place to monitor how natural resource development would affect the local ecosystem and their way of life. Those mechanisms, they have said, should have been agreed upon since the existence of the treaty, which dates back to 1905.

Westland said a landmark case in British Columbia last year created a precedent for this type of recognition from a provincial government.

Last summer, Supreme Court Justice Emily Burke agreed with Treaty 8 First Nations in B.C., that the approval of new energy projects infringed on their treaty rights and way of life.

Westland said she and her clients hope they will get a similar result when their case goes to court.

A result in their favour would mean they could develop those mechanisms to allow for more consultation before natural resource development projects, and ways to protect the forests, as has happened in B.C.

Chapleau Cree First Nation Chief Keith Corston said going to court was not his first choice.

"None of us want to go to court, OK," he said.

"It's about protection. It's about protecting the land, protecting the water, making sure we all understand that, you know, we have to have industry, but it can't be at any cost."

Corston said the province and forestry companies have ignored environmental protections in the past.

"They've absolutely violated the duty to consult under the Constitution of Canada we entrenched in 1982," he added.

In an email to CBC News, Andrew Kennedy, a spokesperson for the Office of the Attorney General of Ontario, said he could not comment on the case.

"As this matter may be subject to further litigation, it would be inappropriate to comment," the email said.

• LISTEN | Chapleau Cree First Nation Chief Keeter Corston, lawyer Amy Westland speak on degradation of the boreal forest: