The Supreme Court of Canada has opened the door for the Métis Nation-Saskatchewan (MNS) to pursue its legal challenge against the Saskatchewan government’s approval of mining permits. The court ruled that the application for judicial review, initiated in 2021, was not an abuse of process, as earlier proceedings did not specifically address the aspects of the dispute presently before the court. This decision marks the latest legal chapter involving MNS and its ongoing assertion of Aboriginal rights against the provincial government.
This legal contest is the third one involving MNS and Saskatchewan, focusing on the contentious issue of Aboriginal rights and the duty to consult Indigenous groups. Previous actions taken by MNS in 1994 and 2020 both pertain to these rights and remain unresolved. While the government of Saskatchewan has contested these proceedings, arguing that similar legal issues were previously addressed, the highest court found otherwise.
Justice Rowe, delivering the court’s opinion, dismissed the province’s concerns, noting that the 2021 case differs in its specifics. The 1994 case, put on hold due to procedural issues, did not resolve the substantive matters relevant to current proceedings. Likewise, while elements of the 2020 and 2021 actions overlap, they each bring unique issues to light, justifying separate judicial consideration.
The core of the controversy revolves around the duty to consult, a requirement under Canadian law that mandates government consultation with Indigenous groups when government actions may impact their rights. This principle is firmly based on the honor of the Crown, a legal doctrine reinforced by the 2004 legal precedent, Haida Nation v British Columbia (Minister of Forests), which mandates governmental good faith in dealings with Indigenous peoples.
Further contextualizing this legal requirement, Canada has embedded the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) into domestic law, further obliging governments to align Canadian statutes with the declaration’s principles. This move affirms the government’s ongoing commitment to uphold the duty to consult.
The decision by the Supreme Court effectively empowers the MNS to address what they perceive as lapses in consultation related to mining permit approvals. For legal professionals and Indigenous rights advocates, this case underscores the evolving nature of Indigenous supremacy in legal matters, emphasizing the need for thorough consultation and Aboriginal inclusion in governmental decision-making.
For more details on the Supreme Court’s decision, you can read the full story on Jurist.