Indigenous Rights Holder Files Urgent Federal Court Motion to Halt Development on Treaty Lands in Ontario

FOR IMMEDIATE RELEASE

Beausoleil First Nation — March 24, 2026 — John Hawke, an Anishinabek rights holder from the Chippewas of Lakes Huron and Simcoe (Beausoleil First Nation, Chippewas of Rama, Chippewas of Georgina Island), has filed an urgent motion in Federal Court seeking immediate injunctive relief to halt ongoing and proposed developments on lands subject to historic treaties and unresolved land claims.

The motion names the Attorney General of Canada and the Attorney General of Ontario as Respondents and raises serious constitutional concerns regarding the protection of Aboriginal and Treaty rights under section 35 of the Constitution Act, 1982. Hawke is seeking interlocutory injunctions to:

• Stop the Township of Tiny from proceeding with the Tiny Administration Complex project at 255 Concession 9 East;

• Prevent the Province of Ontario from transferring lands within Wasaga Beach Provincial Park to the Town of Wasaga Beach.

The filing argues that these actions are being carried out without meaningful consultation with the Indigenous rights holders, as required under Canadian constitutional law and established Supreme Court of Canada jurisprudence.

“This case is not about stopping development permanently,” said Hawke. “It is about ensuring that development follows the Constitution and respects the Treaty rights that continue to exist on these lands.”

The motion asserts that the lands in question fall within the territories governed by historic agreements, including the Penetanguishene Treaty No. 5, the Lake Simcoe–Lake Huron Treaty No. 16, and the Lake Simcoe–Nottawasaga Treaty No. 18. It further highlights that these lands are subject to an unresolved historical land claim acknowledged by Canada’s Specific Claims Branch.

According to the application, allowing development and land transfers to proceed without consultation risks causing irreparable harm, including: • Destruction of culturally and spiritually significant sites;

• Loss of hunting and harvesting areas;

• Permanent damage to constitutionally protected Treaty rights.

The motion relies on established legal principles, including the duty to consult and accommodate, the Honour of the Crown, and the legal test for injunctions set out in RJR-MacDonald Inc. v. Canada (Attorney General).

Hawke argues that the balance of convenience favours granting the injunction, as the potential harm to Indigenous rights is irreversible, while the Respondents would face only temporary delays.

“This is about upholding the rule of law, the Constitution, and the commitments made between the Crown and Indigenous peoples,” Hawke added. The motion has been filed on an urgent basis, with the Applicant requesting that the Federal Court hear the matter at the earliest possible opportunity.

Media Contact: John Hawke communications@anishinaabek.net

705 247 2120