Court File No. 35379 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO) BETWEEN: ANDREW KEEWATIN JR. and JOSEPH WILLIAM FOBISTER on their own behalf and on behalf of all other members of GRASSY NARROWS FIRST NATION Appellants -and- MINISTER OF NATURAL RESOURCES, RESOLUTE FP CANADA (formerly Abitibi-Consolidated Inc.), THE ATTORNEY GENERAL OF CANADA, LESLIE CAMERON on his own behalf and on behalf of all other members of WABAUSKANG FIRST NATION, and GOLDCORP INC. Respondents AND BETWEEN: LESLIE CAMERON on his own behalf and on behalf of all other members of WABAUSKANG FIRST NATION Appellants -and- ANDREW KEEWATIN JR. and JOSEPH WILLIAM FOBISTER on their own behalf and on behalf of all other members of GRASSY NARROWS FIRST NATION, MINISTER OF NATURAL RESOURCES, RESOLUTE FP CANADA (formerly Abitibi-Consolidated Inc.), THE ATTORNEY GENERAL OF CANADA, and GOLDCORP INC. Respondents FACTUM OF THE RESPONDENT, MINISTER OF NATURAL RESOURCES (Pursuant to Rule 36 of the Rules of the Supreme Court of Canada) ONTARIO MINISTRY OF THE ATTORNEY BURKE-ROBERTSON LLP GENERAL Barristers & Solicitors Crown Law Office – Civil 441 MacLaren Street, Suite 200 8th Floor, 720 Bay Street Ottawa, Ontario K2P 2H3 Toronto, Ontario M7A 2S9 Fax: 416-326-4181 Robert E. Houston, Q.C. Tel: 613-236-9665 Malliha Wilson (LSUC # 23308I) Fax: 613-233-4195 or 613-235-4430 Tel: 416-326-4953 Email:
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[email protected] Ottawa Agents for the Respondent, Michael R. Stephenson (LSUC # 29697R) Minister of Natural Resources