This appears to be driven by the Ontario Superior Court decision in the Keewatin case in 2011 with respect to Treaty 3
Fasken Marineau ( a top Canadian Law Firm) made the following observation on the 2011 Ontario court decision. It is now under appeal to the Federal Court
In its recent decision in Keewatin v. Minister of Natural Resources ("Keewatin"), the Ontario Superior Court of Justice held that the Province of Ontario does not have the authority under either Treaty 3 (described below) or the Constitution Act, 1867 to "take up" tracts of land for forestry within lands subject to Treaty 3 that were added to Ontario in 1912 (the "Keewatin Lands") so as to limit the right to hunt and fish guaranteed to the plaintiffs under the Treaty. As will be discussed below, if allowed to stand, this judgment may have profound implications for the natural resources sector in Ontario and across Canada.
The note from Fasken Martineau goes on to comment about the implications for Treaty 9 area on Ontario. This may overhang all significant developments until resolved.
http://www.mondaq.com/canada/x/143954/Mining/Keewatin+Decision+Potentially+Invalidates+Ontario+Licences+And+Leases+Granted+Within+Treaty+Lands