hether treaty right to share net Crown resource based revenues which reflects the relative wealth and needs of Indigenous and non Indigenous communities would make courts central to treaty implementation, risk constitutionalizing substantive, affect future annuities, impact Ontario’s finances and its capacity to address other public needs, and bear on interpretation of post Confederation numbered treaties — Whether those outcomes are contrary to text of Treaties — Existence and scope of distinct duty of diligent implementation arising from the Honour of the Crown — Whether breach of duty of diligent implementation gives rise to new constitutional cause of action leading to coercive equitable remedies. — granted 06/23/2022 — Supreme Advocacy acted as agent for an intervener.

Read the lower court decision from the ONCA here.