The Supreme Court of Canada will hear four appeals this week, including an aboriginal law case concerning the duty of consult, two criminal cases and the B.C. Crown’s appeal of a decision ordering it to turn over data to a major tobacco company in response to the province’s bid to recover health-care costs.
Jan. 15 – Federal – Mikisew Cree First Nation v. Governor General in Council
Aboriginal law: In 2012, the minister of Finance introduced two omnibus bills that amended Canada’s environmental protection and regulatory legislative scheme. Canada did not consult the applicant Mikisew Cree First Nation on these changes. The Mikisew filed a judicial review application seeking declaratory and injunctive relief, and the Federal Court allowed the judicial review application in part, issuing a declaration on the duty to consult, namely that the Crown was under a duty to consult the Mikisew when the bills were introduced in Parliament. The Federal Court of Appeal set aside the declaration, and it dismissed the application for judicial review, finding that legislative action was not a proper subject for it.
Read the Federal Court of Appeal’s decision here.