OTTAWA — The Supreme Court of Canada has dismissed an appeal from the Saskatchewan government over a lawsuit alleging Métis Nation-Saskatchewan (MN-S) wasn’t consulted over uranium exploration permits.
The unanimous ruling lets MN-S proceed with its legal action against the province, after permits were granted three years ago in northwest Saskatchewan near Patterson Lake.
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MN-S President Glen McCallum called the ruling a monumental win on Friday.
“… to be able to know that we do have rights in this province and to be able to act on those rights whatever they may be, it’s a win — and there’s a lot more wins that we have to go through,” he said.
“If history has taught us nothing else, Métis people have always invited others to
join us at the table. Our MN–S government over time has shown it prefers negotiation over litigation,” McCallum said in a statement.
“Our ancestors also taught us to stand up for the inherent rights of our Saskatchewan Métis people. We did that and received confirmation today for them and for generations to come.”
The court says it was not an abuse of process for MN-S to sue the province on the issue.
Hilary Peterson, senior legal counsel and Head Legal Officer of the MN-S believes that Friday’s ruling provides a clear message.
“It is not an abuse of process from us to bring this forward,” she said. “But also the government of Saskatchewan does not have immunity from judicial review.”
The organization filed a claim in 2021 against the province arguing it had Aboriginal title and rights to the land.
Saskatchewan argued the claims were an abuse of process, as MN-S has other lawsuits against the province over consultation issues.
A Court of King’s Bench judge sided with Saskatchewan and struck down portions of the lawsuit, but MN-S sought an appeal and had the entire action reinstated.
The province challenged that ruling in the Supreme Court but it was also dismissed.
MN-S can also bring forward more claims of specific instances where the provincial government does not consult them.
“We know now that those are not an abuse of process,” said Peterson. “That we have a right to challenge Saskatchewan’s decision on their duty to consult.”
MN-S already has one other case of a similar matter before the courts.
Peterson declined to comment on what the MN-S is hoping comes from the judicial process.
— with files from The Canadian Press, CKOM News and 650 CKOM’s Will Mandzuk
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