August Law Firm Blakes on Implications of Ct of Appeal Frontenac Decision-No More $10 Billion SLAPP Suits by Mining Cos.

The Court of Appeal made a clear statement in Frontenac that it would
no longer be acceptable for private parties to seek injunctions as a
first response to prevent protest action by First Nations with
legitimate aboriginal rights or land claims and then institute contempt
proceedings against protestors for failure to comply. The Court of
Appeal applied the Supreme Court of Canada's established jurisprudence
and held that there is a duty on the Crown, as well as private parties,
to negotiate with indigenous communities in order to resolve
conflicting interests. Following these decisions, it will be
increasingly important for private stakeholders in Ontario with an
interest in property over which an aboriginal rights claim has been
asserted to be cognizant of, and sensitive to, those indigenous
interests.