Earlier this year, six members of the Kitchenuhmaykoosib Inninuwug (KI) First Nation near Thunder Bay and two members of the Ardoch Algonquin First Nation in eastern Ontario were jailed when they protested private companies' activities on their traditional lands.

The panel of three judges said jailing native leaders emphasized the "estrangement of aboriginal peoples from the Canadian justice system" and concluded that jailing First Nations leadership in disputes between the Crown and Aboriginal people should only be used as a last resort. The appeals court also dismissed thousands of dollars in fines against the protesters, noting that the bands had already been subject to huge bills by the legal process.

Ontario's Northern Development and Mines Minister and Aboriginal Affairs Minister also supported the appeals court decision.