The Mikisew Cree First Nation (MCFN) is celebrating a recent Federal Court decision.
In a 64 page decision the Federal Court has confirmed that the Federal Government was required to consult with MCFN about changes to environmental protection and assessment legislation it introduced through bills C-38 and C-45 part of the Omnibus budget bills introduced in 2012.
The bills made changes to the Canadian Environmental Assessment Act, the Fisheries Act, the Species at Risk Act, and the Navigable Waters Protection Act.
In his decision Justice Hughes found that “no notice was given and no opportunity to make submissions was provided. In fact, each Bill, which was structured as a “confidence” Bill, went through Parliament with remarkable speed. The Crown ought to have given the Mikisew notice when each of the Bills were introduced into Parliament together with a reasonable opportunity to make submissions may have an effect on the future respecting continuing obligations to the Mikisew under Treaty 8.”
“This is a major step forward in acknowledging the Federal Government’s failure to properly consider treaty rights before making fundamental changes to environmental laws,” said Mikisew Chief Steve Courtoreille. “Mikisew now expects the Federal Government and all other governments in Canada to consult with First Nations early on legislation that may adversely affect our rights. Those governments should not be afraid of us. We have valuable information and contributions to make on these important issues,” added Courtoreille.
Chief Courtoreille hopes the government will begin considering First Nations’ rights. “I think this case is a rebuke for the Federal Government in rushing these laws through Parliament without any consultation at all.”
