Law360 Canada ( February 1, 2023, 6:17 AM EST) -- Application for judicial review by the Mississauga First Nation (MFN). Ontario built four interconnected dams and hydroelectric facilities on the Missisagi River. Brookfield BRP Canada Corp. (Brookfield) currently operated these dams. The Missisagi River and its watershed were at the heart of the MFN. They were MFN’s birthplace, traditional territory, source of identity and way of life. MFN was a party to the Robinson Huron Treaty of 1850, which, among other things, guaranteed the rights of MFN to hunt, trap, fish and carry out other harvesting activities recognized by treaty in its traditional territory. While MFN broadly alleged that the dams had a devastating effect on its Aboriginal and treaty rights, this application for judicial review raised a narrower question. It arose from Ontario’s actions in relation to its power under the Ontario Water Resources Act (OWRA). The OWRA prohibited hydroelectric dams from taking water except in accordance with a permit to take water (PTTW). The issue on this application was whether the PTTW process, by which Brookfield sought to continue the dams’ existing operations, triggered Ontario’s duty to consult and accommodate MFN....