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Homelessness - Housing Policy. Wabauskang First Nation v. R.
In Wabauskang First Nation v. R. (Ont Divisional Ct, 2025) the Divisional Court dismissed a first nations JR, here against "two decisions ... to "take up" land pursuant to Treaty No. 3 without the Crown first discharging their constitutional duty to consult the Applicants".
In these quotes the court illustrates some recent (2024) provincial procedures to obtain new development land, given the housing shortage:[7] The Municipality is facing a housing crisis and is limited in its ability to rectify this crisis without the Ministry transferring land.
[8] At least since 2008, the Municipality has been working towards the development and acquisition of Harry's Corner, and other surrounding lands. They have established road, sewer, and water infrastructure to support the proposed expansion.
[9] In April 2021, the Municipality and the Ministry completed their search for Crown land areas for the purpose of meeting the Municipality’s residential and economic development needs.
[10] Three parcels of land within its municipal boundaries were identified. However, Ministry Staff determined that two of the parcels were not available for disposition to the Municipality because they were located along the shores of Red Lake.
[11] Harry's Corner, the third area, was identified as an appropriate parcel of land for disposition under the Public Lands Act, R.S.O. 1990, c. P.43. Specifically, its proximity to municipal water and sewer infrastructure made it suitable for housing and commercial development.
[12] The Crown Land Use Policy Atlas G2514 (the "CLUPA") governs the Disposition of Crown Land located within the Municipality. A Crown Land Use Policy Atlas sets out permissible uses of Crown land areas. The existing CLUPA did not allow for Crown land disposition for residential and urban development because it was subject to a forest management plan. Therefore, the Ministry could not transfer Harry's Corner to the Municipality without an amendment of the CLUPA.
[13] On November 19, 2021, the Municipality formally requested that the Minister consider an amendment to the CLUPA. This amendment of the CLUPA would enable the disposition of Harry's Corner for residential and urban development. During this same period, the Ministry received feedback from municipalities that the current process for obtaining Crown land for development was difficult.
[14] In January 2022, the Municipality was chosen to participate in a pilot project for a more streamlined approach for the disposition of Crown land.
[15] On March 11, 2022, the Municipality applied to the Ministry for the purchase of Harry's Corner.
[16] On April 1, 2022, the Ministry posted a notice of the proposed CLUPA amendment, on a database used by the Government of Ontario to notify the public about environmental matters, including proposals regarding new or amended policies.
[17] The proposal for the disposition of Harry's Corner was added to another database, accessible online to the public and other ministries.
[18] In April 2022, the Ministry also sought and received consent from Pacton Gold Inc., to dispose of its surface mining rights for Harry's Corner. The consent did not cover subsurface rights.
[19] On April 5, 2022, a notification protocol form was sent to both Wabauskang and Lac Seul, requesting consultation on the proposed CLUPA amendment and the proposed disposition of Harry's Corner. The Ministry received confirmation that the First Nations were notified.
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