After years of litigation, the Ontario Superior Court of Justice recently determined several issues as a basis for further steps in a civil action brought by Grassy Narrows First Nation (Grassy Narrows) against the Ontario Minister of Natural Resources and Abititi-Consolidated Inc.; the federal government is a third party in the action.

The genesis of the case is 1873, when the government of Canada and various First Nations signed Treaty 3, which covers a broad expanse of northwestern Ontario and eastern Manitoba.

The decision, Keewatin v.Ontario (Minister of Natural Resources), [2011] O.J. No. 3907) was a clear victory for Grassy Narrows. Three issues have especially broad implications.

1) Does the province have a right to "take up" lands?

2) Can the province "infringe" treaty rights?

3) How important is historical context?

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