Overview
On February 28, 2025, in Saskatchewan (Environment) v.
Métis Nation – Saskatchewan, 2025 SCC 4, the
Supreme Court of Canada (SCC) addressed the issue of abuse of
process in the context of multiple legal proceedings involving
Aboriginal claims. The case revolved around the Métis Nation
– Saskatchewan's (MNS) application for judicial review of
uranium exploration permits issued by the Government of
Saskatchewan (the Province), alleging breach of duty to consult by
the Province. The Supreme Court upheld the Court of Appeal's
decision, allowing the MNS's application to proceed.
The ruling is significant as it clarifies the application of the
abuse of process doctrine in cases involving Indigenous litigants
and the duty to consult. The decision clarifies that multiple
proceedings related to Aboriginal claims do not necessarily
constitute an abuse of process.
