Jump to content

Ontario Superior Court

From thunderbay.wiki



Ontario Superior Court
TypePolice or court

Ontario Superior Court is a trial court in Ontario.[1]

In Anishinabek News

  • April 2013: The court is the venue for litigation involving Pic Mobert First Nation regarding treaty adhesion.[2]
  • December 2018: A justice of this court delivered a judgment in Sudbury in December 2018 regarding the first stage of a treaty annuity lawsuit. The court determined it has the authority to impose specific and general duties on the Crown. The ruling found that the Crown's past implementation of the treaties undermined its duty of honour.[3]
  • February 2020: The Ontario Superior Court heard cases from St. Anne's Residential School survivors through an individual assessment process. A justice of the Ontario Superior Court issued a rare punitive ruling against a lawyer representing survivors in 2020.[4]
  • January 2021: A judge of the court ruled against a provincial attempt to stop a lawsuit brought by seven youth regarding climate change policies. The court determined that the youth have standing to represent their generation and future generations in the legal challenge. According to Ecojustice, the court's ruling was the first time a Canadian court determined fundamental rights under the Canadian Charter of Rights and Freedoms can be threatened by climate change.[5]
  • September 2021: In 2020, the Ontario Superior Court ruled that the claims of the First Nation plaintiffs were not barred by provincial limitations legislation. The Ontario Superior Court determined that the Government of Ontario does not benefit from the doctrine of Crown immunity in this matter. A June 17, 2019, judgment by the Ontario Superior Court addressed the legal obligations of the Crown under the Robinson-Huron Treaty.[6]
  • October 2021: The court ruled in 2018 that the Crown has a mandatory obligation to increase treaty annuities when economic conditions allow. In 2020, the court found that Ontario does not benefit from Crown immunity regarding the Robinson Huron Treaty claims.[7]
  • January 2023: The court found that the Crown is obligated to increase annuity payments when profits from the territory increase. Justice Hennessy of this court dismissed several legal objections raised by Canada and Ontario during the second phase of the trial.[8]
  • April 2023: The court is handling a claim by Atikameksheng Anishnawbek to rectify the alienation of land promised in the Robinson Huron Treaty.[9]
  • June 2023: In 2018, the court found that the Crown had an obligation to increase treaty annuities based on resource revenue. The final settlement requires an order from this court to discontinue the claim for past compensation.[10]
  • September 2023: The court ruled in favor of the Anishinaabe in the litigation regarding treaty annuities. The final settlement requires this court to issue an order discontinuing the claim for past compensation.[11]
  • August 2026: The court presided over the 2021 sentencing of Brayden Bushby for the death of Barbara Kentner.[1]

References

  1. ↑ 1.0 1.1 "Anishinabek Nation disappointed with Parole Board of Canada’s decision to release Brayden Bushby on full parole", Anishinabek News, 24 August 2026 (archived copy; original article).
  2. ↑ "Pic Mobert creates an economy with hydro projects", Anishinabek News, 16 April 2013 (archived copy; original article).
  3. ↑ "Trial verdict opens door to ‘highest form of reconciliation’ says Nipissing First Nation Chief", Anishinabek News, 28 December 2018 (archived copy; original article).
  4. ↑ "St. Anne’s survivor lawyer to appeal $25,000 court bill", Anishinabek News, 10 February 2020 (archived copy; original article).
  5. ↑ "Seven youth continue battle of challenged provincial climate change policies", Anishinabek News, 18 January 2021 (archived copy; original article).
  6. ↑ "The Robinson-Huron Treaty Anishinabek respectfully petition and call upon the Crown", Anishinabek News, 13 September 2021 (archived copy; original article).
  7. ↑ "Robinson Huron Treaty Anishinabek deliver petition to the office of the Governor General of Canada and the Lieutenant Governor for Ontario", Anishinabek News, 6 October 2021 (archived copy; original article).
  8. ↑ "Canada, Ontario, and Robinson Huron Treaty Leadership Announce two-week mediation", Anishinabek News, 18 January 2023 (archived copy; original article).
  9. ↑ "Atikameksheng Anishnawbek, Sagamok Anishnawbek and Wahnapitae First Nation partner in historic, collaborative agreement with successful Canadian mining contractor", Anishinabek News, 4 April 2023 (archived copy; original article).
  10. ↑ "Robinson Huron Treaty Leadership, Ontario and Canada announce proposed settlement and next steps in Treaty annuities court case", Anishinabek News, 17 June 2023 (archived copy; original article).
  11. ↑ "Robinson Huron First Nations hosts ceremony honouring 173rd Anniversary of 1850 Treaty signing", Anishinabek News, 11 September 2023 (archived copy; original article).