Education
Mikisew Cree First Nation v. Canada (Governor General in Council)
2022-03-25
Welcome back to the C O L L A B ZONE!
Today we continue our new series of bonus episodes which we recorded with the help of students from the British Columbia Institute of Technology!
As part of our ongoing engagement with Call to Action #27 of the TRC, we created a series of summaries of key Aboriginal case law decisions so that legal students, practitioners, and the public can further engage and learn about how our Canadian legal system treats Indigenous peoples. Some of these decisions are already available in full in other episodes, others we are still working on releasing as full recordings. We worked on this project with students from the British Columbia Institute of Technology, who generously donated their time to record the summaries for us. We also want to thank the 1492 Windsor Law Coalition who provided the basis for some summaries.
Today we have Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage) a 2018 SCC Decision. Omnibus legislation was introduced which would have significantly impacted environmental protection. Mikisew Cree Nation was not consulted and brought a JR application arguing a failure of the Crown in their duty to consult. The Majority of the SCC held that the development of legislation does not trigger the Duty to Consult.
Link to the full decision: https://www.canlii.org/en/ca/scc/doc/2018/2018scc40/2018scc40.html?autocompleteStr=2018%20SCC%2040&autocompletePos=1
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