The Métis Nation of Alberta (MNA) has appealed a recent Alberta court decision that concluded the Kenney Government’s decision to cut off negotiations with the MNA on the development of Métis Consultation Policy did not breach the honour of the Crown.
This includes the constitutional duties and obligations Alberta owed the MNA after five years of negotiations.
According to The Metis Nation of Alberta the decision was based on ‘internal and secret’ government documents that were never disclosed to the MNA at the time negotiations were terminated.
MNA President Audrey Poitras said ‘the long outstanding and contentious issue of Crown consultation with Alberta Métis continues to undermine both Métis rights and resource development in the province,’
According to a release, the MNA has filed for a judicial review of the Minister’s decision. In the litigation, Alberta denied it was even negotiating with the MNA or that the honour of the Crown was engaged by its decision to terminate negotiations.
Alberta also claimed it owed no duty or obligations to the MNA whatsoever.
In her 75-page decision that was released in January 2022, the Honourable Justice Bernette Ho of the Alberta Court of Queen’s Bench rejected Alberta’s positions that it was not negotiating with the MNA or that the honour of the Crown was not engaged.
However, Justice Ho went on to conclude that Alberta met the duties and obligations it owed the MNA by simply advising that it would not be proceeding with a Métis Consultation Policy.
The MNA has now filed an appeal of Justice Ho’s decision to the Alberta Court of Appeal.
