FSIN intervenes in Mikisew SCC case
- EFN Staff | January 16, 2018
The Federation of Sovereign Indigenous Nations (FSIN) intervened in the case regarding Courtoreille v. Canada (Mikisew Cree) at the Supreme Court of Canada. Arguments were heard on January 15th in Ottawa.
“The case has major implications for all First Nations because the results could directly affect the way laws are developed and implemented in Canada. First Nations should always be involved in the legislative process which impact Treaty and inherent rights, and adequate resources must be available,” said FSIN Chief Bobby Cameron in a media release. “First Nations must be at the table when laws are being written. Inclusion and involvement like that will breathe life into the government-to-government relationship.”
On May 18, 2017, the Supreme Court of Canada (SCC) granted an application by the Mikisew Cree First Nation for leave to appeal a decision of the Federal Court of Appeal. The decision of the Court of Appeal held that the federal government did not owe a duty to consult when it developed and implemented changes to environmental legislation through two omnibus bills (Bills C-38 and C-45, collectively, the “Omnibus Bills”). In 2012, two omnibus bills were introduced which amended Canada’s environmental protection and regulatory approval legislation including the Fisheries Act, Species at Risk Act, and the Navigable Waters Protection Act (now Navigation Protection Act). The Mikisew Cree claimed that the Harper government brought these changes through an omnibus bill without any consultation with the Mikisew Cree First Nation.
The Mikisew appealed to the Supreme Court. In May 2017, the FSIN Chiefs-in-Assembly passed a resolution mandating that FSIN should apply for intervenor status in the case.
“First Nations have to maintain a stronghold when it comes to further legislative encroachment of their sovereignty of our nations and the imposition of laws which will affect our inherent obligation to protect the land and waters,” said Vice Chief Heather Bear, portfolio holder for Lands and Resources.
The SCC decision is on hold.