On October 29, 2012, in Alderville Indian Band et al v. Her Majesty the Queen et al, Canada and Ontario took the position at trial that harvesting rights associated with preconfederation treaties signed by the Williams Treaties First Nations were not intended to be surrendered in 1923, particularly the Treaty 20 (1818) area which was the subject of judicial scrutiny in Taylor and Williams, 1981.
This position recognizes the Williams Treaties people’s constitutionally protected harvesting rights in Treaty 20. This means Williams Treaties harvesters are able to exercise rights in line with those of other treaty people in most of Ontario.
In June 2018, the Williams Treaties First Nations ratified the Williams Treaties Settlement Agreement with Canada and Ontario. As it relates to harvesting, the Williams Treaties Settlement Agreement recognizes the Williams Treaties First Nations continuing pre-confederation treaty harvesting rights to harvest fish, wildlife, trapping and gathering in Treaties 5, 16, 18, 20, 27 and 27 1/4.