ARTICLE · 05 JULY 2018

Duty To Consult In Prince Edward Island (Epekwitk)

Stewart McKelvey

Explore more from Stewart McKelvey

On June 25, 2018, the Supreme Court of Prince Edward Island (the "Supreme Court") released its much anticipated decision in Mi'kmaq of P.E.I. v. Province of P.E.I.

CanadaGovernment, Public Sector

Author LinkedIn connections

Duty to consult in Prince Edward Island (Epekwitk)¹

On June 25, 2018, the Supreme Court of Prince Edward Island (the "Supreme Court") released its much anticipated decision in Mi'kmaq of P.E.I. v. Province of P.E.I.² This is the first time that the duty to consult with Indigenous persons has been considered in Prince Edward Island. The decision is expected to have significant implications for both the Government of Prince Edward Island (the "Government") and Indigenous persons in Prince Edward Island.

Facts

The decision arose from an application by the Mi'kmaq of Prince Edward Island (the "Mi'kmaq") seeking judicial review of the decision by the Government to sell the Mill River Resort to a private developer. The lands in question totalled approximately 325 acres. The Mi'kmaq argued that they had traditionally used the lands and that the lands were subject to an asserted claim of aboriginal title to the whole of Prince Edward Island. It was further argued that

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Kebaowek: Federal Court Of Appeal Weighs In On UNDRIP And The Duty To Consult

CanadaGovernment, Public Sector

Canada Clarifies Application Of Sanctions Laws

CanadaGovernment, Public Sector

The Transition Trap: What You Need To Know About Joining, Leaving, Or Lobbying B.C.’s New Government

CanadaGovernment, Public Sector

Bilan du Canada en matière de lutte contre le blanchiment de capitaux : de meilleures notes, mais encore du travail à faire

CanadaGovernment, Public Sector

McCarthy Tétrault

Les Pièges De La Transition : Entrer Au Gouvernement, Le Quitter Ou Faire Du Lobbyisme En Colombie-Britannique – Ce Que Vous Devez Savoir

CanadaGovernment, Public Sector

Fasken (French)

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Government, Public Sector
- Indigenous Peoples

See more popular content from

Government, Public Sector

New Act Respecting Contracting By Municipal Bodies: How To Secure Your Bids

Effective April 1, 2026, Quebec's Act respecting contracting by municipal bodies fundamentally transforms how municipal contracts are awarded, moving beyond the traditional lowest-price model to embrace qualitative evaluation criteria including environmental practices, life cycle costs, and contractor performance history. Municipal bodies now have eight award procedures to choose from, along with new pre-tender processes that can limit competition to prequalified enterprises. Contractors must adapt their te

CanadaGovernment, Public Sector

BCF Business Law

Change Order: Canada’s Spring Economic Update 2026 Sets A New Federal Infrastructure Agenda

On April 28, 2026, the federal government released Canada’s Spring Economic Update 2026 (the “ Update ”), continuing the “Build Canada Strong” agenda first set out in Budget 2025.

CanadaGovernment, Public Sector

Built To Move: Ontario Accelerates Infrastructure Delivery In The 2026 Budget

For infrastructure sponsors, lenders, contractors, institutional investors and Indigenous partners, the implications are less about the size of the pipeline—already well understood—and more about how projects will be advanced, financed and de-risked in practice.

CanadaGovernment, Public Sector

Building Momentum: Canada Advances Major Projects Under The Building Canada Act

The federal government has published notices proposing to add the Mackenzie Valley Highway and Roberts Bank Terminal 2 to Schedule 1 of the Building Canada Act as projects of national interest. These potential listings, following a similar notice for the West Coast Oil Pipeline, provide the first practical indications of how the government may use the Act to advance major infrastructure projects through streamlined federal approvals while maintaining Indigenous consultation and environmental assessment requ

CanadaGovernment, Public Sector

Court Of Appeal For Ontario Clarifies Test For Leave To Appeal From Divisional Court

In Knauff v. Ontario (Human Rights Tribunal), 2026 ONCA 653, a five-judge panel of the Court of Appeal for Ontario revisited the test governing motions for leave to appeal from decisions of the Divisional Court.

CanadaGovernment, Public Sector

McCarthy Tétrault

Tariff Supports For Manitoba Employers And Businesses

Manitoba has unveiled over $100 million in targeted financial supports designed to shield provincial workers, businesses, and producers from the economic impact of escalating U.S. trade tariffs.

CanadaGovernment, Public Sector

Building Canada: Investing In Major National Projects

Canada is experiencing a surge in infrastructure investment driven by streamlined regulatory approvals, enhanced government financing mechanisms, and growing demand for energy and digital infrastructure. This guide examines the evolving legal and regulatory landscape that foreign investors must navigate to successfully structure, finance, and develop major projects across the country.

CanadaGovernment, Public Sector

Blake, Cassels & Graydon LLP

Canada Launches Responsible Data Centre Development Principles: What Clients Need To Know

Canada has introduced a new national framework setting expectations for data centre infrastructure development, with 42 major industry signatories including Amazon, Google, Meta, Microsoft and NVIDIA. The Principles establish five core requirements covering local benefits, electricity cost allocation, environmental impacts, transparency and strategic value, though their practical implementation will depend heavily on provincial and municipal policy decisions.

CanadaGovernment, Public Sector

Bennett Jones LLP

Canada And The EU-SAFE Partnership: Strengthening Defence Cooperation And Industrial Integration

President Trump’s return to the White House has reignited tensions within the North Atlantic Treaty Organization (NATO) over the distribution of the Alliance’s financial burden...

GlobalGovernment, Public Sector

Canada’s Defence Drone Initiative: A New Government Procurement Pathway For Canadian Drone Technology

The Government of Canada has launched its highly anticipated Defence Drone Initiative to accelerate the development, testing, production and procurement of Canadian uncrewed and autonomous systems for the Canadian Armed Forces and the Canadian Coast Guard.

CanadaGovernment, Public Sector

Osler, Hoskin & Harcourt LLP