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ARTICLE · 06 DECEMBER 2018

The Supreme Court Rules On The Duty To Consult First Nations During The Legislative Process

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On October 11, 2018, in a highly anticipated decision1, the Supreme Court of Canada unanimously dismissed an appeal brought by the Mikisew Cree First Nation (the "Mikisew"),

CanadaLitigation, Mediation & Arbitration
Sean Griffin
Sean Griffin
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On October 11, 2018, in a highly anticipated decision1, the Supreme Court of Canada unanimously dismissed an appeal brought by the Mikisew Cree First Nation (the "Mikisew"), concluding that the Federal Court did not have jurisdiction to hear the application for judicial review of measures taken by ministers exercising legislative powers, as they are not then acting as a "federal board, commission or other tribunal" whose actions are subject to judicial review. The Supreme Court concluded that no provision of the Federal Courts Act allowed the Federal Court to scrutinize Parliament's legislative process. The Court also concluded that the Crown's duty to consult First Nations does not apply to the legislative process.

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