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GJOS, FINDLEY and ELLIS
v. THE MINISTRY OF TRANSPORTATION

This is a decision of Enquiry Officer Hugh A. Doig, Q.C. with respect to the widening of Highway #17 through the Garden River Indian Reserve near Sault Ste. Marie, Ontario. The applicants had taken the position that the Province could not expropriate federal property. The Ministry of Transportation filed with the Enquiry Officer a notarial copy of the transfer of administration and control of federal real property in the form of a consent by the Privy Council to an exercise by Her Majesty the Queen in the Right of Ontario in taking the required portions of the Garden River Indian Reserve.

The Enquiry Officer noted that the legislation did not give him authority to require production of documents from the expropriating authority, but that if documents were not presented that he would note this in his report.

This article appears in the OEA FALL 1999 NEWSLETTER


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