The Ontario Divisional Court recently released its decision in Attawapiskat First Nation v Ontario. [1] Among other things, the Court addresses the issue of funding consultation in the early exploration context.
Background
In January 2020, Juno Corp. (“Juno”) applied to the Ministry of Northern Development, Mines, Natural Resources, and Forestry (the “Ministry”) for two early mineral exploration permits on lands covered by Treaty 9 (the “Project Lands”). The Project Lands are located within the area known as the “Ring of Fire”. They also fall within the Attawapiskat First Nation (“Attawapiskat”) traditional territory, approximately 250 kilometers west of the community. [2]