Ogichidaakwe v. Ontario

The Ontario Superior Court of Justice released a decision on September 22, 2014 in Ogichidaakwe v. Ontario (Energy), granting a motion brought by the two intervenors in this duty to consult litigation for a Kelly v. Canada Order that will join 28 individual Anishnaabe communities as parties.

The applicants for judicial review in this matter include the Grand Council Treaty 3 that claims to be the traditional government of the Anishnaabe Nation in Treaty 3 territory and the political government for 28 Anishnaabe communities located within that territory, as well as the appropriate representative to assert a failure of the Crown to meet its duty to consult on behalf of Anishnaabe rights holders. The intervenors, H20 Power Limited Partnership and Resolute FP Canada Ltd., raised the issue that without joining the 28 individual Anishnaabe communities as plaintiffs alongside the Grand Council Treaty 3 there was a risk that the Grand Council would be found not to represent the Aboriginal rights holders or that any of the individual Anishnaabe communities could latter relitigate the matter claiming to not be bound by the result. The court held that if "all putative Aboriginal rights holders" are before the court then it is no longer necessary to determine which of them is the "genuine rights holder". The motion was granted to avoid the risk of a multiplicity of proceedings and inconsistent results.

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