Indexed as: Mikisew Cree First Nation v. Canada (Minister of Aboriginal Affairs and Northern Development)

摘要

Aboriginal law-Constitutional issues - Miscellaneous-Duty to consult - In 1899 First Nation entered into treaty 8 with Crown - In 2012 federal Minister of Finance introduced omnibus bills, which received royal assent -First Nation was not consulted prior to introduction of bills - Bills introduced new and amended legislation, which made significant changes to Canada's environmental laws - First Nation claimed that Ministers had duty to consult regarding development of environmental laws as reflected in bills and they breached that duty - First Nation brought application for declaratory relief -Direction was given in specific terms - Proceedings were not precluded by s. 2(2) of Federal Courts Act - There was sufficient legal basis for court to review matter judicially, namely, whether duty to consult applied to decisions at issue, and it was not premature to consider matter - Pursuant to principles of separation of powers, court could not intervene into law-making process to impose procedural constraints on Crown Ministers acting in legislative capacity -There was no special provision in treaty 8 that characterized law-making process as Crown actions that would allow First Nation, in preference to other Canadians, to intervene in legislative process before bill that might interfere with First Nation's treaty rights - In this case intervention into law-making process would constitute undue judicial interference on Parliament's law-making function and would compromise sovereignty of Parliament - Duty to consult could not trigger judicial intervention before bill was introduced into Parliament -However, duty to consult arose in circumstances of case and was triggered upon introduction of omnibus bills - Extent of duty was for Crown to give notice to First Nation and reasonable opportunity to make submissions - It was declared that Crown had duty to consult with First Nation at time bills were introduced into Parliament - Duty comprised of giving notice to First Nation of portions of bills that might potentially have impact on their usual vocations, as defined in treaty 8, together with giving First Nation reasonable opportunity to make submissions.