The Métis Nation Saskatchewan is asking the Court of Queen’s Bench to invalidate the 2010 First Nation and Metis Consultation Policy Framework.
That policy is what the province relies on to guide consultations with the MN-S.
But the Metis allege in its suit that that policy does not live up to the duty to consult doctrine.
“The claim specifically mentions the Province’s refusal to consider Métis land rights and commercial harvesting rights when making decisions that could impact Métis communities and their lands and resources. The Province’s refusal to consult when issuing mineral interests within asserted Métis lands is also raised, as is the Province’s notice and consultation policies which are inconsistent with the MN-S Constitution,” said the MN-S.
The Métis also want “the Province identify and disclose all matters since 2010 that the Province should have given notice and consulted on, but didn’t because of the 2010 Policy.” “The Province cannot opt-out of its constitutional obligations. Likewise, the Province cannot create policies and processes which circumvent true and meaningful consultation. The rights and concerns of Saskatchewan Métis have been marginalized for too long. The 2010 Policy has perpetuated this harm and has denied Saskatchewan Métis the rights and protections they are owed by Section 35 of the Constitution. This must and will change,” stated MN-S President Glen McCallum.
The Métis is asking for unspecified costs and damages.