Indigenous Group: Mikisew Cree First Nation and Manitoba Métis Federation

Business: Government of Canada

Issue: Jan. 14, 2018: CBC – The case seeks a judicial review of changes made under the previous Harper government to the Fisheries Act, the Species At Risk Act, the Navigable Waters Protection Act and the Canadian Environmental Assessment Act in an Omnibus Bill in 2012

Comment: The Supreme Court will hear this appeal that could force lawmakers across the country to give First Nations a role in drafting legislation that affects treaty rights. Cases on the Crown’s duty to consult appear regularly, but they usually concern decisions made by regulatory bodies. This one seeks to extend that duty to law-making.

Last Update: Oct. 29, 2018: Canadian Lawyer – It was a case that addressed the question of whether the duty to consult Indigenous peoples applies to the law-making process. In a split decision, seven justices found that it does not. The court’s reasoning revolved around the constitutional principles of separation of powers and parliamentary sovereignty; however, it failed to consider any legal principles recognized by the United Nations Declaration on the Rights of Indigenous Peoples. On the other hand, two justices disagreed and held that the honour of the Crown governs the relationship between the entire government of Canada and Indigenous peoples.

Not recognizing UNDRIP is significant, given that Canada has publicly stated that it intends to adopt and implement it. In May, Prime Minister Justin Trudeau’s administration passed and adopted Bill C-262, An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples.