I think that this will be the precedent that will allow the Runway for Martens Falls Logistics to open without a proper permit. It is streatching a bit with the land being bulldozed over just a cabin being built but it is similar enough I think to be used as a trial defence.

Elsie Meshake and Howard Meshake (Cyrette), of Aroland First Nation, built a cabin for hunting,
trapping, fishing and gathering. The Ministry of Natural Resources charged them for failing to get a
work permit for their cabin and with failing to comply with a stop-work order (an order issued by MNR
because the Meshakes did not have a permit).

With Ontario’s appeal abandoned, the precedent set by the lower courts stands firm. The trial
decision held that the Meshakes’ actions in building and using their cabin were protected by their
constitutional rights under Treaty 9. It also held that the work permit system under Ontario’s Public
Lands Act unjustifiably infringed these rights.
1
Ontario appealed, and the Meshakes won again before
a judge at the Ontario Court of Justice.
2
Ontario appealed a second time, to the Ontario Court of
Appeal. Ontario has now backed down and abandoned this appeal.