Members of Indigenous communities across Canada are celebrating today, after the Supreme Court of Canada ruled to dismiss an appeal by the Provincial Government regarding a lawsuit filed by Metis Nation- Saskatchewan.
In 2021, MN-S took legal action against the province after it gave NexGen Energy Ltd. land permits near Patterson Lake, an area claimed under Aboriginal title and rights, without due consultation. The Vancouver-based company was granted permission to conduct a field mineral exploration project on the land.
Hilary Peterson, the Nation’s lawyer, says because MN-S has taken similar legal action twice before, once in 2020 and once in 1994, it was up in the air if it was an abuse of process for MN-S to bring forward a claim again. The court unanimously decided it was not.
“We have other actions that are also before the courts, and this was not a duplication of those actions. In particular, we have the right to challenge the province’s decisions on ‘duty to consult,” she explains. “The Government of Saskatchewan does not have immunity from judicial review.”
MN-S President Glen McCallum says this is a huge win, not only for his people, but for Indigenous rights in general.