File No.

CI 22-01-34160

THE QUEEN'S BENCH

Winnipeg Centre

BETWEEN:

PINE CREEK FIRST NATION

Applicant,

- and -

THE GOVERNMENT OF MANITOBA

Respondent,
- and -

LOUISIANA PACIFIC-CANADA LTD.

Respondent.

NOTICE OF APPLICATION

HEARING DATE: Tuesday, February 8, 2022 at 10:00 am

PUBLIC INTEREST LAW FIRST PEOPLES LAW LLP

CENTRE 6th Floor, 73 Water Street
100-287 Broadway Vancouver, BC V6B 1A1
Winnipeg, MB R3C 0R9

BYRON WILLIAMS KATE GUNN

Phone No. (204) 985-8533 Phone No. (604) 688-4272
Fax No. (204) 985-8544 Fax No. (604) 688-4282
bywil@pilc.mb.ca kgunn@firstpeopleslaw.com
 -2-

File No. CI 22-01-

THE QUEEN’S BENCH
Winnipeg Centre

BETWEEN:

PINE CREEK FIRST NATION

Applicant,
- and -

THE GOVERNMENT OF MANITOBA

Respondent,

- and -

LOUISIANA-PACIFIC CANADA LTD.

Respondent.

NOTICE OF APPLICATION

TO THE RESPONDENT:

A LEGAL PROCEEDING HAS BEEN COMMENCED by the

applicant. The claim made by the applicant appears on the following page.

THIS APPLICATION will come on for a hearing before a judge, on

Tuesday, February 8, 2022 at 10:00 a.m., at the Court of Queen's Bench,

Winnipeg Centre, Civil Division, at 408 York Avenue, Winnipeg, Manitoba,

R3C 0P9.
 -3-

IF YOU WISH TO OPPOSE THIS APPLICATION, you or a

Manitoba lawyer acting for you must appear at the hearing.

IF YOU WISH TO PRESENT AFFIDAVIT OR OTHER

DOCUMENTARY EVIDENCE TO THE COURT OR TO EXAMINE OR

CROSS-EXAMINE WITNESSES ON THE APPLICATION, you or your

lawyer must serve a copy of the evidence on the applicant's lawyer or, where

the applicant does not have a lawyer, serve it on the applicant, and file it,

with proof of service, in the court office where the application is to be heard

as soon as possible, but not later than 2:00 p.m. on the day before the

hearing.

IF YOU FAIL TO APPEAR AT THE HEARING, JUDGEMENT

MAY BE GIVEN IN YOUR ABSENCE AND WITHOUT FURTHER

NOTICE TO YOU.

Date: ___________________ Issued by: ______________________

Deputy Registrar
Court of Queen's Bench
Winnipeg Centre
408 York Street
Winnipeg, MB R3C 0P9
 -4-

TO:

Jim Koch
Counsel for the Respondent
The Government of Manitoba
Legal Services Branch
7th Floor-405 Broadway
Winnipeg, MB R3C 3L6
Jim.koch@gov.mb.ca

Sarah Bahir
Counsel for the Respondent
The Government of Manitoba
Legal Services Branch
7th Floor-405 Broadway
Winnipeg, MB R3C 3L6
Sarah.bahir@gov.mb.ca

AND TO:

Sacha Paul
Counsel for the Respondent
Louisiana Pacific-Canada Ltd
Thompson Dorfman Sweatman LLP
1700-242 Hargrave Street
Winnipeg, MB R3C 0V1
srp@tdslaw.com
 -5-

RELIEF

1. The Applicant, Pine Creek First Nation (“PCFN”) applies for:

a. an order quashing or setting aside Manitoba Order in Council

436/2021, dated December 1, 2021 (the “2021 OIC”),

authorizing the Minister of Agriculture and Resource

Development (the “Minister”) to grant an extension of the term

of the Forest Management Licence Agreement (“FMLA”)

between Manitoba and Louisiana Pacific-Canada Ltd.

(“Louisiana-Pacific”) for the area designated as Forest

Management Licence Area 3 (“FML 3”);

b. an order quashing or setting aside the decision of the Minister,

dated December 15, 2021, extending the term of the FMLA (the

“FMLA Decision”);

c. an order quashing or setting aside the decision of the Minister,

dated December 15, 2021, granting Louisiana-Pacific a forest

management licence (“FML”) for FML 3 (the “FML Decision”);

d. a declaration that the Crown in right of the Province of Manitoba

(“Manitoba”) owed a duty to consult and accommodate PCFN

prior to issuing the 2021 OIC, the FMLA Decision and the FML

Decision (collectively, the “Decisions”);

 -6-

e. a declaration that Manitoba breached the Crown’s constitutional

obligations pursuant to section 35 of the Constitution Act, 1982,

Schedule B to the Canada Act 1982 (UK), 1982 c. 11 (the

"Constitution Act, 1982”) by failing to discharge the Crown’s

duty to consult and accommodate PCFN prior to issuing the

Decisions;

f. a declaration that Manitoba breached the honour of the Crown

by failing to notify or consult with PCFN in respect of the

Decisions;

g. a declaration that Manitoba cannot take further steps to

implement the Decisions, including the terms of any licenses or

agreements issued pursuant to the Decisions, until Manitoba’s

constitutional obligations to PCFN are satisfied;

h. an order prohibiting Louisiana-Pacific from carrying out further

activities pursuant to the Decisions until Manitoba’s

constitutional obligations to PCFN are satisfied;

i. a declaration that the Minister failed to comply with the

requirements of The Forest Act, RSM 1987, c F150 (“The

Forest Act”) and the FMLA by issuing the FML Decision;

j. costs; and,
 -7-

k. such further relief as the Applicant may advise and this

Honourable Court may deem just.

EXECUTIVE SUMMARY

2. At issue is Manitoba’s ongoing failure to fulfil its constitutional

obligations to PCFN and its statutory obligations under The Forest

Act in the context of forestry activities in Treaty No. 4, including the

area in and around Duck Mountain Provincial Park and Provincial

Forest (“Duck Mountain”).

3. Duck Mountain is part of the PCFN heartland. For generations,

PCFN members have relied on Duck Mountain to exercise rights

within the meaning of section 35 of the Constitution Act, 1982

(“PCFN Rights”) and sustain their culture and way of life.

4. For over a quarter of a century, these lands and waters have been

under persistent pressure as a result of commercial timber

harvesting and other industrial and recreational activity. The

cumulative impacts of these activities have significantly diminished

PCFN members’ ability to exercise their rights and engage in

traditional and spiritual practices.

5. Manitoba, on behalf of the Crown, is obligated to discharge its

constitutional obligations and uphold the honour of the Crown,

 -8-

including by making decisions which advance the purpose and

intent of Treaty No. 4.

6. Instead of upholding these obligations, Manitoba has engaged in a

pattern of disregard for PCFN and PCFN Rights in favour of the

commercial interests of Louisiana-Pacific.

7. For 16 years, Manitoba has failed to enforce critical conditions of

Louisiana-Pacific’s forestry authorizations, including by allowing

Louisiana-Pacific to operate in FML 3 without an approved long-

term forest management plan (“FMP”) and without addressing

PCFN’s significant concerns regarding the cumulative impacts of

Louisiana-Pacific’s activities on PCFN Rights.

8. In December 2021, Manitoba issued a series of Decisions which

enable Louisiana-Pacific to carry out further timber harvesting in

areas which are critical to PCFN Rights and way of life. The

Decisions were made without any prior notice to or consultation with

PCFN.

9. The Decisions are the latest in a history of extensions granted by

Manitoba to Louisiana-Pacific which enable it to continue timber

harvesting in FML 3 without regard for PCFN’s long-standing

concerns.
 -9-

10. By failing to consult with PCFN prior to issuing the Decisions,

Manitoba breached its constitutional obligations to PCFN and the

honour of the Crown. By allowing Louisiana-Pacific to continue to

conduct forestry activities in the absence of an approved FMP,

Manitoba further breached the requirements of The Forest Act and

the FMLA.

GROUNDS

11. The grounds for the application are:

The Parties

12. The Applicant, PCFN (known as Minegoziibe Anishinabe), is a

beneficiary of Treaty No. 4.

13. PCFN is a “band” within the meaning of the Indian Act, R.S.C. 1985,

c.I.5. and an “Aboriginal people” as defined in section 35 of

the Constitution Act, 1982.

14. PCFN’s community and main reserve, Pine Creek 66A Reserve, are

located approximately 110 kilometres north of Dauphin, Manitoba.

15. The Respondent, the Minister, is minister for the Ministry of

Agriculture and Resource Development of the Government of

Manitoba. The Minister exercises responsibilities for managing

 - 10 -

forests in Manitoba pursuant to The Forest Act.

16. The Respondent, Louisiana-Pacific, is a forestry and manufacturing

company with operations in Manitoba, including timber harvesting

activities in FML 3 and a mill near Minitonas, Manitoba (the

“Louisiana-Pacific mill”).

PCFN Rights

17. PCFN members hold and exercise PCFN Rights throughout west-

central Manitoba, including within FML 3.

18. PCFN relies on the lands and waters in its territory to exercise

PCFN Rights, engage in traditional and spiritual practices, and

share knowledge, including the anishinaabemowin language, with

its members.

19. PCFN Rights include the right to harvest moose for food, cultural

and spiritual purposes.

20. Moose harvesting is critical for PCFN’s ability to provide healthy

food to its members and to impart the values of stewardship and

sustainability to its younger generations.

FML 3 & Duck Mountain

21. FML 3 is located in west-central Manitoba. The area encompassed

 - 11 -

by FML 3 includes Pine Creek 66A Reserve and Duck Mountain.

22. PCFN members use territory throughout FML 3, including Duck

Mountain, to exercise PCFN Rights and maintain their culture and

way of life.

23. The lands in and around Duck Mountain are particularly important

for PCFN members’ ability to exercise their right to harvest moose.

24. The exercise of PCFN Rights in FML 3, including Duck Mountain,

have been significantly affected by the cumulative impacts of

resource, industrial and recreational activities authorized by

Manitoba.

25. Since 1995, moose populations in FML 3, including Duck Mountain,

have declined sharply with a material adverse effect on the exercise

of PCFN rights.

26. In 2011 and in response to the serious decline of moose

populations at immediate risk, Manitoba closed moose hunting in

parts of FML 3, including Duck Mountain, to all persons including

PCFN harvesters exercising their right to harvest moose. Current

moose hunting closures in FML 3, including Duck Mountain,

continue to compound the difficulties faced by PCFN members

seeking to exercise their rights.

 - 12 -

27. Manitoba has identified human development as a significant

contributing factor to the decline of moose populations.

28. Commercial timber harvesting is the primary form of resource

development in Duck Mountain.

29. Section 15.1(1) of The Forest Act prohibits commercial timber

harvesting in provincial parks in Manitoba. Section 15.1(3) exempts

Duck Mountain Provincial Park from this prohibition.

30. As a result of the operation of The Forest Act and decisions on the

part of Manitoba, Duck Mountain Provincial Park is the only

provincial park in Manitoba in which commercial timber harvesting

is authorized.

Authorizations for Timber Harvesting in Manitoba

31. Timber cutting and removal in Manitoba is administered under The

Forest Act.

32. Section 28 of The Forest Act prohibits the harvesting and removal of

timber from Crown land, as defined pursuant to The Crown Lands

Act, RSM 1987, c C340, without authorization under a timber

cutting right.

33. Pursuant to sections 8, 11 and 18 of The Forest Act, the Minister

may:
 - 13 -

a. with approval of the Lieutenant Governor in Council, enter into

an agreement, on behalf of Manitoba, with a licensee of a forest

for the development or utilization of forest resources in

Manitoba (i.e., an FMLA);

b. grant timber cutting rights, including an FML, in such manner,

and by such means, as, in the opinion of the Minister, secures

maximum benefit to the forest industry in Manitoba; and

c. with the approval of the Lieutenant Governor in Council, grant

an FML to a wood-using industry in Manitoba and impose terms

and conditions on the FML.

Louisiana Pacific’s Operations in FML 3

34. On September 21, 1994, Manitoba and Louisiana-Pacific entered

into an FMLA regarding FML 3 for a twenty-year period expiring on

December 31, 2014. The FMLA was intended to ensure a long-term

fibre supply for the Louisiana-Pacific mill.

35. Pursuant to section 19 of the FMLA, Manitoba issued an FML

authorizing Louisiana-Pacific to cut and remove timber in FML 3,

including Duck Mountain Provincial Forest.

36. Sections 3 and 17 of the FMLA required Louisiana-Pacific to

prepare periodic forest development plans and FMPs in respect of

 - 14 -

FML 3 for approval by Manitoba.

37. Pursuant to section 3 of the FMLA, the FML issued under section 19

of the FMLA could be renewed every ten years, subject to

Louisiana-Pacific adhering to the conditions set out in the FMLA,

including the conditions pertaining to the preparation and approval

of periodic forest development plans and FMPs.

38. On or about July 1995, Louisiana-Pacific submitted and sought

approval for a 10-year FMP for the period between 1996 and 2005

(the “1996 FMP”).

39. On or about May 27, 1996, Manitoba approved the 1996 FMP for

FML 3.

40. On December 31, 2005, the 1996 FMP for FML 3 expired.

41. On or about June 1, 2006, Louisiana-Pacific submitted a 20-year

FMP (the “2006 FMP”) in respect of FML 3 to Manitoba.

42. Manitoba did not approve the 2006 FMP.

43. In 2012, the Lieutenant Governor in Council issued Order in Council

00/452 authorizing the Minister to extend the term of the FMLA. The

Minister subsequently extended the term of the FMLA and FML for

FML 3 to December 31, 2019 (the “2012 Extension”).

44. In 2019, the Lieutenant Governor in Council issued Order in Council

 - 15 -

360/2019 authorizing the Minister to extend the term of the FMLA.

The Minister further extended the term of the FMLA and FML for

FML 3 to December 31, 2021 (the “2019 Extension”).

45. There has been no approved FMP in place for FML 3 since 2005.

46. Since 2005, Louisiana-Pacific has continued to conduct timber

cutting and removal in FML 3 pursuant to the 2012 and 2019

Extensions of the FMLA and FML, notwithstanding the expiration of

the 1996 FMP and the absence of a further approved FMP as

required pursuant to The Forest Act and as a condition of the

FMLA.

The 2020 Forest Management Plan

47. On or about October 11, 2018, Manitoba advised PCFN that it

intended to consult with PCFN in respect of the impacts on PCFN

Rights of Louisiana-Pacific’s proposed FMP for FML 3 for 2020-

2040 (the “2020 FMP”).

48. Between December 20, 2018 and December 3, 2021, PCFN

repeatedly advised Manitoba that it had serious concerns about

both the impacts of the 2020 FMP and the impacts of Louisiana-

Pacific’s ongoing activities on PCFN Rights, including PCFN

members’ ability to exercise their right to hunt for moose in and

 - 16 -

around Duck Mountain in FML 3.

49. By email dated August 14, 2020, Manitoba advised PCFN that it

intended to issue a decision in respect of the 2020 FMP by

December 31, 2021. By letter dated May 13, 2021, Manitoba

indicated that the final decision for the FMP must be made by

December 31, 2021 because a valid FMP was required for renewal

of the FMLA.

50. By letter dated November 25, 2021, the Minister advised PCFN that

Manitoba was reviewing its options to ensure there was a

meaningful process of consultation in relation to the FMP. The letter

did not disclose that Manitoba was contemplating another extension

to Louisiana-Pacific’s FMLA and FML.

51. On December 1, 2021, the Lieutenant Governor in Council issued

the 2021 OIC authorizing the Minister to extend the FMLA from

December 31, 2021 to December 31, 2022.

52. By letter dated December 3, 2021, PCFN advised the Minister of its

ongoing concerns regarding:

a. the existing cumulative impacts on PCFN Rights of Louisiana-

Pacific’s activities in FML 3;

b. Manitoba’s repeated decisions to extend Louisiana-Pacific’s

 - 17 -

FMLA and FML in FML 3 without an approved FMP and without

adequate consultation with PCFN; and

c. the potential for further impacts on PCFN Rights as a

consequence of the activities proposed in the 2020 FMP.

53. In the December 3, 2021 letter, PCFN requested confirmation that:

a. Manitoba would not allow Louisiana-Pacific to continue forestry

activities following the expiration of the FMLA on December 31,

2021 without an approved FMP for FML 3; and

b. Manitoba would consult with PCFN before processing, issuing,

or approving any authorizations, extensions, or alterations in

relation to Louisiana-Pacific’s forestry activities in FML 3.

54. On December 15, 2021, the Minister extended the term of the FMLA

from December 31, 2021 to December 31, 2022 and granted

Louisiana-Pacific an FML for FML 3 for that same period.

55. By letter dated December 21, 2021, Manitoba advised PCFN that it

did not intend to issue a decision regarding the 2020 FMP on or

before December 31, 2021. Manitoba also notified PCFN of its

decision to issue a one-year term extension of the FMLA.

56. Manitoba did not notify PCFN of its intention to issue the Decisions

prior to December 1, 2021 or December 15, 2021. Manitoba did not

 - 18 -

consult with PCFN prior to issuing the Decisions.

57. Manitoba has not approved the 2020 FMP. Despite the absence of

an approved 2020 FMP, Louisiana-Pacific continues to operate in

FML 3 pursuant to the extension.

The Decisions

58. The Decisions:

a. establish terms and conditions within the meaning of section 18

of The Forest Act for timber cutting and removal in FML 3

between January 1, 2022 and December 31, 2022;

b. grant Louisiana-Pacific rights under The Forest Act, either

directly or through the use of contractors, to cut and remove

timber within FML 3, including in Duck Mountain Provincial

Forest, from January 1, 2022 to December 31, 2022; and

c. enable the Louisiana-Pacific mill to receive over 350,000 cubic

metres of hardwood cut and removed from FML 3 in 2022 with

the majority of that hardwood coming from Duck Mountain

Provincial Forest (collectively, the “Harvesting Activities”).

59. The Decisions authorize Louisiana-Pacific to carry out Harvesting

Activities in areas which are of critical importance for the exercise of

 - 19 -

PCFN Rights despite the absence of the approved FMP required

pursuant to The Forest Act and as a condition of the FMLA.

60. The Harvesting Activities will further diminish the exercise of PCFN

Rights due to the cumulative effects of resource development in

FML 3 as authorized by Manitoba.

61. The Harvesting Activities will result in new and additional impacts on

PCFN Rights, including by:

a. reducing PCFN members’ ability to access lands used for

PCFN Rights and for traditional, cultural and spiritual purposes;

b. adversely affecting wildlife populations, including moose, which

PCFN members rely on for the exercise of PCFN Rights;

c. damaging plants, including sage, cedar, seneca root and

berries, which are used by PCFN members for traditional and

medicinal purposes; and,

d. impacting cultural heritage resources, including archaeological

sites, burial grounds, historical trade/travel routes and

ceremonial sites as well as PCFN members’ ability to access

those sites.
 - 20 -

Manitoba’s Obligations to PCFN

62. The Crown has a constitutional duty to consult, and if appropriate,

accommodate Indigenous groups where the Crown has knowledge,

real or constructive, of the potential existence of an Aboriginal or

Treaty right and contemplates conduct that might adversely affect it.

The Crown’s duty to consult is grounded in the Constitution Act,

1982 and the honour of the Crown.

63. Prior to issuing the Decisions, the Minister, on behalf of the Crown,

was aware that PCFN members relied on lands and waters within

FML 3, including Duck Mountain, to exercise PCFN Rights.

64. Prior to issuing the Decisions, the Minister, on behalf of the Crown,

was further aware that PCFN had raised concerns regarding:

a. the cumulative effects of resource development activities,

including timber cutting and removal in FML 3, on PCFN Rights;

b. Manitoba’s failure to address the impacts of Louisiana-Pacific’s

timber harvesting on PCFN Rights, including PCFN’s right to

hunt for moose in FML 3;

c. Manitoba’s decisions to issue the 2012 Extension and 2019

Extension without an approved FMP and without discharging

the Crown’s duty to consult with PCFN; and

 - 21 -

d. the potential for additional extensions or authorizations allowing

Louisiana-Pacific and its contractors to continue timber

harvesting on FML 3 to further affect the exercise of PCFN

Rights.

65. The Harvesting Activities authorized pursuant to the Decisions will

contribute to the adverse cumulative effects of resource

development in FML 3 on PCFN Rights.

66. The Decisions will further result in new and additional impacts on

PCFN Rights, including the right to hunt for moose in Duck

Mountain.

67. Manitoba was obligated to consult with PCFN prior to issuing the

Decisions, including by engaging in real and sustained efforts to

pursue meaningful two-way dialogue with PCFN prior to rendering

the Decisions.

68. Manitoba did not, on behalf of the Crown, notify or attempt to

engage with PCFN at all prior to rendering the Decisions.

69. As a result, the Crown breached its constitutional obligations by

failing to consult and accommodate PCFN with respect to the

impacts of the granting of a forest management licence to cut and

remove timber on PCFN Rights prior to rendering the Decisions.

 - 22 -

70. Manitoba was further obligated to act honourably and in a way that

accomplishes the intended purposes of Treaty No 4.

71. Manitoba had notice of PCFN’s legitimate concerns regarding the

impacts of Louisiana-Pacific’s activities on the exercise of PCFN

Rights. However, Manitoba failed to respond in a manner consistent

with the honour of the Crown and with the Crown’s obligations

under Treaty No. 4.

72. Instead, Manitoba proceeded to issue the Decisions without

notifying or consulting PCFN, without ensuring that an approved

FMP was in place, and without taking any steps to address PCFN’s

longstanding, legitimate concerns about the cumulative effects of

Louisiana-Pacific’s activities on PCFN Rights.

73. Manitoba’s conduct in respect of the regulation of timber harvesting

in FML 3, including the decisions to issue the 2012 Extension and

2019 Extension in the absence of an approved FMP, constituted a

persistent pattern of errors and indifference in respect of PCFN and

PCFN Rights. The December 2021 Decisions furthered this pattern.

As such, the Minister, on behalf of Manitoba, breached the honour

of the Crown when it issued the Decisions without consulting PCFN.

 - 23 -

The Minister failed to comply with the requirements of The Forest Act

and the FMLA

74. Under section 2 of The Forest Act, the Minister is tasked with a

variety of responsibilities including the management, utilization and

conservation of Crown forest lands and timber as well as

reforestation and tree preservation.

75. Before a forest management licence and FMLA can be renewed for

a particular time period, section 8 and 18 of The Forest Act operate

with section 3, 17 and 19 of the FMLA to require the approval of an

FMP for the corresponding time period.

76. FMPs are a central element of the forestry licensing process. They

are intended to establish strategic priorities throughout the Forest

Management Licence Area by proposing long-term timber

harvesting, road access development and reforestation activities

that are sustainable. Annual operating plans are intended to follow

both the planning strategies identified in the 20 Year Plan as well as

the eligible harvest areas identified in the 20 Year Plan.

77. While the FMLA contemplates that Manitoba might fail to insist upon

the performance of a specific condition, any decision by Manitoba to

fail to insist upon the performance of a specific condition must be

 - 24 -

consistent with the purposes of The Forest Act including conserving

forest resources as well as with the honour of the Crown.

78. Manitoba has failed to insist upon the requirement for an approved

FMP for 16 years. It has authorized timber cutting and removal

without an approved long-term plan to mitigate the adverse impacts

of that activity. These Extensions contribute to significant adverse

effects to the land, forestry resources and the Aboriginal and Treaty

rights of PCFN members.

79. In repeatedly failing to insist upon the performance of a fundamental

licence condition, the Minister was not furthering The Forest Act

purpose of conservation and was not upholding the honour of

Crown.

80. It was unreasonable and unlawful to grant FML 3 for the 2022 year

absent an approved FMP. A decision which considered the honour

of the Crown and conservation of forest resources would have

allowed the FMLA to expire, suspending operations until there was

an approved long-term plan to effectively mitigate the impacts of

timber cutting.

81. Such further grounds as the Applicant may advise and this

Honourable Court may deem just.

 - 25 -

Authorities

82. Queen’s Bench Rule 14.05(2)(a) provides that a proceeding may be

commenced by application, where authorized by the rules. Under

Queen’s Bench Rule 68.01, a Judge on application may grant an

order of certiorari. Queen’s Bench Rule 14.05(2)(c)(iv) allows for an

application where the relief claimed is for the determination of rights

which depend upon the interpretation of a statute or regulation.

83. The Applicant pleads and relies on:

a. Constitution Act, 1982, RSC 1985, Appendix II, No 44,

Schedule B, s 35(1).

b. The Proceedings Against the Crown Act, RSM 1987, c P140, s

3, 4, 5, 7,10.

c. The Court of Queen’s Bench Act, SM 1988-89, c 4, ss 32, 33,

34, 96(1),100(1).

d. The Court of Queen’s Bench Rules, Man Reg 553/88, s 1.04(1),

14.05(2)(a), 25.06(1), 68.01.

e. The Forest Act, RSM 1987, c F150, ss 1, 8, 11, 15, 18, 28.

f. Forest Management Licence Agreement between Her Majesty

The Queen, In Right Of The Province of Manitoba,

 - 26 -

Represented By The Minister of Natural Resources and

Louisiana Pacific-Canada, LTD, 21 September 1994.

84. The following documentary evidence will be used at the hearing of

the application:

a. Affidavit of Chief Derek Nepinak, to be filed;

b. Affidavit of Jeremy McKay, to be filed;

c. Affidavit of Resource User [to be named], to be filed; and

d. Such further and other material as counsel may advise and this

Honourable Court may permit.

DATED: January 25, 2022

_________________________________

BYRON WILLIAMS
Public Interest Law Centre
100-287 Broadway
Winnipeg, MB R3C 0R9
Phone No. (204) 985-8533
Fax No. (204) 985-8544

________________________________

KATE GUNN
First Peoples Law LLP
th
6 Floor, 73 Water Street
Vancouver, BC V6B 1A1
Phone No. (604) 688-4272
Fax No. (604) 688-4282