MN-S takes legal action against the province of Saskatchewan

Métis Nation – Saskatchewan (MN-S) has turned to the courts to address the provincial government’s use and reliance on the 2010 First Nation and Métis Consultation Policy Framework also referred to as the 2010 Policy.

The provincial government’s First Nation and Métis Consultation Policy Framework sets out the government’s commitment to fulfilling its legal duty to consult and accommodate First Nation and Métis communities in advance of decisions or actions.

In a media release, MN-S president Glen McCallum said the Crown’s duty to consult and the obligation of the province to uphold the honour of the Crown are fundamental constitutional principles to guide all Canadians toward reconciliation.

“The province cannot create policies and processes which circumvent true and meaningful consultation,” McCallum said in the release. “The 2010 Policy has perpetuated this harm and has denied Saskatchewan Métis the rights and protections they are owed by Section 35 of the Constitution.”

The claim specifically mentions the province’s refusal to consider Métis land rights and commercial harvesting rights when making decisions which could impact Métis communities, their lands and resources.

The claim also raises the province’s refusal to consult when issuing mineral interests within asserted Métis lands, as the province’s notice and consultation policies are inconsistent with the MN-S Constitution. The current claim follows the recent MN-S claim brought against NexGen Energy Ltd.

MN-S is asking the Court of Queen’s Bench of Saskatchewan for several declarations, including deeming the 2010 Policy invalid and claims the Province’s reliance on the 2010 Policy to avoid its duty to consult is dishonourable.

The MN-S is also seeking an order for the Province to identify and disclose all matters since 2010 and claims the Province should have given notice and consulted on, but didn’t because of the 2010 Policy, as well as costs, damages, and other relief.

In the claim, MN-S outlines how the 2010 Policy is inconsistent with the Province’s constitutional duty to consult and fails to uphold the “honour of the Crown”, what MN-S said is an important constitutional principle and obligation necessary for reconciliation.

In 2019, MN-S and the Government of Canada signed the “Métis Government Recognition and Self-Government Agreement”, which, among other things, recognizes that MN-S is mandated to represent the Métis of Saskatchewan.

The 2018 Framework for Advancing Reconciliation between MN-S and Canada provides for, among other things, establishing processes to recognize and respect Métis rights and land claims.

The claim is anticipated to have implications for all Saskatchewan First Nations, as they also face obstacles to consultation under the 2010 Policy.