Frontenac Ventures Corporation v. Ardoch Algonquin First Nation, 2008 CanLII 8247 (ON S.C.)

14] I am obliged to counsel for the AOO and for Her Majesty in Right of Ontario (Ontario) for their important contributions as intervenors. As earlier noted, the AOO is walking a fine line and so is Ontario. Both believe a negotiated settlement is preferable to litigation and no-one would argue with that position. The problem of course is that in the present case the defendants have shown little interest in consultation and accommodation, and have made it perfectly clear there will be no consultation so long as there is even a potential of uranium mining on this property. As counsel for the AAFN stated at a hearing before Thomson J. August 23, 2007, “so my clients have drawn a line in the sand and said no, there will not be a mine, there will not be a uranium mine, so why should there by any uranium exploration. If we allow exploration it sends a signal that there might be a mine, and there won’t be.”....

Ontario therefore says if I were to be concerned that some of these traditions were at risk, based upon the evidence before me, I should allow more time for the gathering of better evidence in order to properly carry out my responsibility in applying the balance of convenience portion of the test. In other words, Ontario urges me to set certain bench marks, which if not met within a prescribed time would require further decisions by me. This essentially amounts to giving one last chance to determine whether the “lines in the sand” could be moved.

URL:http://www.canlii.org/en/on/onsc/doc/2008/2008canlii11049/2008canlii11049.html

Platinex Inc. v. Kitchenuhmaykoosib Inninuwug First Nation, 2008 CanLII 11049 (ON S.C.)

53] While I understand the principles and beliefs that the Respondents hold, the sanctity of the system of justice and of the rule of law are paramount and must be protected at all costs. Simply put, there is a clear line in the sand that no segment of society can be allowed to cross.