Métis Nation Saskatchewan Wins Landmark Supreme Court Ruling

A landmark decision by the Supreme Court of Canada has affirmed the Métis Nation of Saskatchewan’s (MN-S) right to challenge Saskatchewan refusal to consult on Aboriginal title and harvesting rights.

The Supreme Court unanimous dismissal of an appeal from the Government of Saskatchewan over a dispute concerning consultation with the MN-S on a uranium project near Patterson Lake.

“To be able to have this Supreme Court decision really opens the doors in regards to where we can go as a government,” said MN-S President Glen McCallum during a press conference on Friday.

“I hope that a strong message is sent by the highest court in Canada, to be able to work with Indigenous people and governments,” he said.

In its ruling, the Supreme Court concluded:

“Court procedures should facilitate, not impede, the just resolution of Aboriginal claims […] the fundamental objective of the modern law of Aboriginal and treaty rights is the reconciliation of Aboriginal peoples and non-Aboriginal peoples and their respective claims, interests, and ambitions.”

In 2021, the MN-S filed a claim against the province, arguing it had Aboriginal title and rights to the land. The court ruled that is was not an abuse of process for the MN-S to file a lawsuit on the province on the land rights issue.

“This is a really important decision today, and we’re still unpacking what it all means,” said MN-S Vice-President and Minister of Justice Michelle LeClair.

“Going forward, we would rather negotiate than litigate, and when we’re talking about duty to consult, it’s a really important decision,” she said.

Hilary Peterson, head legal officer for the MN-S, said the decision means they can bring forward specific instances they can challenge the province’s duty to consult.

“A really clear point we got from the Supreme Court today is that it is not an abuse of process for us to bring this forward, but also that the province of Saskatchewan does not have immunity from judicial review,” said Peterson.

The decision state that there is a potential that two cases brought forward could conclude with different rulings on the province’s duty to consult. It would be addressed going forward through case management.

The MN-S has one other similar case already before the courts.

President McCallum said the decision pushes the MN-S forward in what it can accomplish.

“We’re working on the harvesting piece, economic development, health, education, with this province. But it really does open the door in regards to understand more about who we are as a Métis government,” he said.

McCallum said he and Premier Scott Moe are in communication often, and as they are in the same province, they have to “work together.”

“Trust is a big thing. In order to get somewhere, its trust. And I believe we’re at a point where we’re starting to trust each other. Too bad it took a court decision to be able to wake up people sometimes in regards to the reality of rights for Métis and First Nations people,” he said.

The MN-S decline to comment on what they hope comes from the supreme court ruling.