Court gives MN-S nod to challenge Saskatchewan's duty to consult with Metis

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Court gives MN-S nod to challenge Saskatchewan's duty to consult with Metis
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The three-judge panel made it clear in its unanimous ruling on March 20 that granting the judicial review did not mean MN-S has established it has the right to be consulted.

The lower court agreed with the province.

Then in 2020 MN-S commenced a second action against Saskatchewan challenging the province’s 2010 policy, which contested MN-S’s claim to Aboriginal title and commercial use of resources.“There is overlap in some aspects of the 1994 Action, the 2020 Action and the originating application. However, the key issues are different, as are the remedies that are claimed in each,” the court of appeal stated. Because of this “there is no risk of inconsistent outcomes.

Both Metis and First Nations have opposed the legislation and called out the government for lack of consultation both before the bill was drafted and as the bill worked its way through the legislature.

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