The Government of Ontario continues to move the 2012/22 MNR Whiskey Jack FMP toward approval. (The plan term (2012/22) hasn't changed though the plan won't be approved until April 1 2014. Operations have been approved through two contingency plans after the previous FMP expired on March 31 2009).
There is no change to the stand-off between Grassy Narrows and Ontario. After 11 years the Grassy Narrows blockade, established in December 2002, remains in place. Ontario and Grassy entered into protracted talks that eventually led an agreement known as the Process Agreement and a Memorandum of Understanding. As that process drew to a close there was little real progress to resolve the various issues. While Grassy continues to insist there will be no logging without consent, a requirement proven through numerous Canadian Supreme Court decisions, Ontario continues to exert what it considers it's legal right to licence logging operations over and above what the Treaty mandates.
Ontario began planning for the next phase of clear cut logging in the Whiskey Jack within the Grassy Narrows traditional lands as far back as 2008. Five years on and the plan is marching on to it's final approval. No mention anywhere at the information centres or in the plan itself about Grassy or any concessions to the legal rights granted under the Treaty.
The legal challenges against the Province of Ontario in defence of Treaty Rights began in earnest in 2006 with a decision allowing Grassy Narrows to proceed to the Superior Court. The Ontario Superior Court heard the case and in August 2011 the Court ruled in favour of Grassy Narrows. The victory was widely hailed as a win or Grassy but also for First Nations rights in other areas such as mining on traditional lands.
Predictably, Ontario and Canada appealed to the Ontario Court of Appeal and won the next round in 2013. MNR, Ontario and local industry rejoiced in what they saw as a decisive victory in the long running battle. Obviously these ongoing confrontations are not helpful to the final resolution and certainly not in the spirit of the Ontario Process.
More recently (May 2013), Grassy Narrows made application to the Supreme Court of Canada to hear the case. News was received on September 20 2013 that in fact the Supreme Court of Canada will hear the Grassy Narrows appeal. Local media coverage is sure to rile up the local rednecks.
The Government of Ontario, through the Ministry of Natural Resources has released the Draft Forest Management Plan for public review with approval expected sometime before Christmas 2013 which coincidentally marks the 11th anniversary of the blockade. According to the news reports, Ontario will wait for a favourable decision from the Court before licencing clear cut logging in the Grassy Narrows traditional territory.
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