Supreme Court decision disappoints Mikisew Cree First Nation

Edmonton, AB – ?While the Mikisew Cree First Nation is disappointed with the Supreme Court of Canada’s decision today in ?Courtoreille v. Canada, their struggle to defend their treaty rights continues. Though today’s ruling means provincial and federal governments do not have the duty to consult about legislation threatening First Nation rights, Mikisew expects Canada to live up to the statements made in court that it would consult.

The decision ends Mikisew’s 2013 legal challenge to the previous federal government’s cuts to Canada’s environmental protection laws. Through Bills C-38 and C-45, the Harper government changed the ?Canadian Environmental Assessment Act,? the ?Fisheries Act?, the ?Species at Risk Act?, and the ?Navigable Waters Protection Act, d?drastically ?reducing federal oversight over fish and their habitat, navigable waters, and species at risk. The Bills also reduced the number of projects requiring federal environmental assessments and reduced the scope and depth of assessments for those projects.

“We are very disappointed that the court refused to advance reconciliation with this case,” said Mikisew’s legal counsel, Robert Janes. “The lack of consultation on these Bills led to bad laws, which resulted in failures like the Trans Mountain Pipeline Expansion Project and weaker environmental protection for all Canadians.”

The Harper Government passed these laws without consulting with Mikisew and other affected First Nations. At the Federal Court, Mikisew successfully argued that governments have a legally binding duty to consult First Nations when developing legislation that may impact the rights of First Nations. After the Federal Court of Appeal overturned the earlier ruling in 2016, Mikisew took its case to the Supreme Court of Canada, which has upheld the Federal Court of Appeal’s decision.

Mikisew Chief Archie Waquan said the ruling was a missed opportunity.

“Mikisew and other First Nations have valuable knowledge, laws and experience to contribute. We should be at the table with government not reacting after the fact through litigation.” This decision does not end Mikisew’s fight to protect its treaty rights. Chief Waquan noted the decision does not prevent the Crown from actually consulting. “The Crown has said they could and would consult and we will hold them to that promise.”

Background

Mikisew Cree First Nation signed Treaty 8 in 1899. The Mikisew Cree continue to live a traditional lifestyle where, even today, most of their members in Fort Chipewyan rely on “country foods” such as fish, birds, and moose for a significant portion of their diet.

Athabasca Delta is the heart of their traditional lands, which range over much of the area where the Athabasca Oil Sands deposits have been found. Mikisew Cree First Nation shares this territory with four other First Nations that make up the Athabasca Tribal Council. 2900 people make up the Mikisew First Nation. Their governing body is made up of six Councillors and a Chief.

Since Treaty 8 was signed, many large scale industrial developments have affected Mikisew lands and waters, with the pace of development increasing significantly over the past decades. In 2005, Mikisew made history when it won a landmark case at the Supreme Court of Canada, which established that the Crown had to consult First Nations with historical treaty rights. Mikisew continues to employ a variety of strategies to seek protection of its rights and culture and to create opportunities for the nation. ?The Supreme Court ruling today is the result of a lengthy legal challenge by the Mikisew Cree which began in 2012.

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Lloyd Lewis

www.todayville.com

President Todayville Inc., Honorary Colonel 41 Signal Regiment, Board Member Lieutenant Governor of Alberta Arts Award Foundation, Director Canadian Forces Liaison Council (Alberta) musician, photographer, former VP/GM CTV Edmonton.

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Alberta Premier Danielle Smith Media Roundtable from Washington

Published on January 21, 2025

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Is There Any Canadian Province More Proud of their Premier Today…

Published on January 21, 2025

Todayville

Prior to Trumps inauguration event and announcement was made that Trump would not be imposing the 25% tariffs…

Which means, Canada seriously dodged a bullet here.

And while the Liberals will most likely frame this as, their success in showing, Bad Orange Man, that they’re tough and ready to burn down what is left of our economy, throwing Alberta under the bus, first…through a nuclear option…

Premier Smith rode this challenge out like the true champion we knew that she would be.

It’s hard to say if this was a legality matter in the grander scheme…or if the 25% tariffs would have truly been as big of an impact on the US…

One thing is clear, however…

Smith was ready to go to the tables with the Trump administration and opt for diplomacy over threats…which should be what we expect from our leaders.

And should these 25% tariffs have gone through…I’m more than sure a Plan B would have been brought out in civil conversations, over screeching rhetoric.

“She’s treasonous”, they screeched.

“She’s supporting her friends in Oil and Gas”, they relent.

“She should put Canada first”, they echo…

And let’s just address these…

Is Walmart beholden to Campbells soup? Fruit of the Loom? Kraft?

Or does Walmart sell products that helps keep their doors open?

Walmart is not beholden to any product…just like Premier Smith isn’t. We have 26% of our GDP – the largest portion – owed to Alberta O&G, something that we have a limited trade partner with, due to the Liberal – Anti-Alberta/Anti-O&G/Anti-Pipeline attitude that wants to spend us further in debt with unreliable and expensive “Renewables”.

What does Alberta get from renewables?

A higher cost for energy, in an affordability crisis, created by the same people who continue to push them…sounds like a terrible deal, for Albertans, and something a true leader would Not Favor.

When Walmart sits down to hash out a deal with Heinz, are they committing treason because they haven’t shown their allegiance to their own, ‘Great Value’ brand Ketchup?

No…other provinces have their own industries and resources, which they are free to continue developing independent of the federal government, as is suitable and supportive of their own economies…Alberta isn’t competing with them, nor Canada as a whole.

Alberta through industry and resource, actually supports Canada through a grand imbalance on “Equalization Payments”…

As do we through paying 50% more into the Canada Pension Plan, than we actually get out of the Canada Pension Plan…to the tune of a $334 Billion Dollars.

And as for this “Team Canada”, horseshit…

The title Premier of Alberta, should hold some clues as to who Premier Smith should be advocating for…as she is the Premier of Alberta and Not the Prime Minister, nor leader in the Liberal Party that has created this fiasco, to begin with.

Rail, as they may…other provinces can’t cast a vote in her support, either way…

None of the other provinces, through Members of Parliament, nor through Premiers, came to support Alberta and our economy through a number of Federal Bills that railed on our provincial resources…

Worse yet…these hypocrites cash cheques from our province, while telling us how to diversify our economy…to which I’d state one thing unequivocally…

If we wanted to be a Have Not Province…like you are…we’ll come and ask you for your advice.

Until then…

I’ll hold my Alberta Flag Higher than my Canadian…

And be proud today, of having the only Premier in the country of Canada, worthy of any praise today!