News and Notices
ews release
For immediate release
Canada formally apologizes to five Anishinaabeg First Nations
October 26, 2024 — (Manitoulin Island, ON) — Crown–Indigenous Relations and Northern Affairs Canada and Aundeck Omni Kaning First Nation, M’Chigeeng First Nation, Sheguiandah First Nation, Sheshegwaning First Nation and Zhiibaahaasing First Nation
Today, the Honourable Gary Anandasangaree, Minister of Crown–Indigenous Relations, on behalf of the Government of Canada, formally apologized to Aundeck Omni Kaning, M’Chigeeng, Sheguiandah, Sheshegwaning and Zhiibaahaasing First Nations for past wrongs relating to the Crown’s mismanagement of their monies in the late 1800s and the negative impacts experienced by the five communities as a result.
This long-overdue apology was delivered at a ceremony held today with First Nations leadership, Elders, youth and community members at Aundeck Omni Kaning First Nation. Approximately 100 people were in attendance.
At the ceremony, the Government of Canada and the First Nations also commemorated a claim settlement that provides a total of $447.9 million in compensation to be shared among the five First Nations. This financial settlement resolves three historical claims which date back to the late 1800s and are the focus of the apology delivered today.
The apology relates to the Crown’s mismanagement of the First Nations’ monies from past land sales in the late 1800s following an agreement made with the First Nations in 1862. Instead of enabling these Anishinaabeg communities to thrive and economically benefit from the land sales, the Crown used the profits - the monies intended for the First Nations - to build roads and open up Manitoulin Island for settlement. In doing so, the Crown failed to act honourably and uphold its relationship with the First Nations, going against the spirit and intent of the Treaties, breaking its promises and creating injustices which continue to be felt by the communities today.
This formal statement of apology and co-developed settlement are key steps toward healing and reconciliation with Aundeck Omni Kaning, M’Chigeeng, Sheguiandah, Sheshegwaning and Zhiibaahaasing First Nations. This is also an opportunity for all people in Canada to learn about our shared history and the harmful legacies of colonialism so we can move toward greater understanding and respect.
Confronting our history and addressing past wrongs is critical to advancing reconciliation in Canada and rebuilding trust with First Nations communities.
Quotes
“Acknowledging and apologizing for past wrongs is the right thing to do. This settlement with Aundeck Omni Kaning, M’Chigeeng, Sheguiandah, Sheshegwaning and Zhiibaahaasing pays a longstanding debt that is rightfully owed to the First Nations. Nothing can undo the past or the pain it has caused, but it is crucial that we listen to Indigenous communities on how to best move forward. It is our hope that today’s apology will be a turning point in our Nation-to-Nation relationships with these five First Nations as we continue to co-develop shared solutions and build a better future based on mutual respect and true partnership.”
The Honourable Gary Anandasangaree
Minister of Crown–Indigenous Relations
“This has been a long time coming. It is good to finally see some compensation coming to the First Nations.”
Chief Patsy Corbiere,
Aundeck Omni Kaning
“This is a long overdue moment. We look forward to a positive result for our First Nation.”
Chief Morgan Hare,
M’Chigeeng First Nation
“Community partnerships have proven that working together on the Manitoulin Project is the best way to strengthen our communities, which creates a positive future for generations to come.”
Chief Jason Aguonie,
Sheguiandah First Nation
“Sheshegwaning is glad that Canada has taken this important step to resolve such long-standing breaches of fiduciary duty.”
Chief Alana Endanawas,
Sheshegwaning First Nation
“Our community suffered the loss of these funds for too many years. We look forward to finally building for our families and in line with our vision.”
Chief Irene Kells,
Zhiibaahaasing First Nation
Quick facts
Related links
Statement of apology to United Chiefs and Councils of Mnidoo Mnising
The Manitoulin Project
For more information, media may contact:
Gregory Frame
Press Secretary
Office of the Honourable Gary Anandasangaree
Minister of Crown-Indigenous Relations
[email protected]
Media Relations
Crown–Indigenous Relations and Northern Affairs Canada
819-934-2302
[email protected]
Chief Patsy Corbiere,
Aundeck Omni Kaning
(705) 368-2228
Chief Morgan Hare
M’Chigeeng First Nation
(705) 377-5362
Chief Jason Aguonie
Sheguiandah First Nation
(705) 368-2781
Chief Alana Endanawas
Sheshegwaning First Nation
(705) 283-3292
Chief Irene Sagon Kells
Zhiibaahaasing First Nation
(705) 283-3963
For immediate release
Canada formally apologizes to five Anishinaabeg First Nations
October 26, 2024 — (Manitoulin Island, ON) — Crown–Indigenous Relations and Northern Affairs Canada and Aundeck Omni Kaning First Nation, M’Chigeeng First Nation, Sheguiandah First Nation, Sheshegwaning First Nation and Zhiibaahaasing First Nation
Today, the Honourable Gary Anandasangaree, Minister of Crown–Indigenous Relations, on behalf of the Government of Canada, formally apologized to Aundeck Omni Kaning, M’Chigeeng, Sheguiandah, Sheshegwaning and Zhiibaahaasing First Nations for past wrongs relating to the Crown’s mismanagement of their monies in the late 1800s and the negative impacts experienced by the five communities as a result.
This long-overdue apology was delivered at a ceremony held today with First Nations leadership, Elders, youth and community members at Aundeck Omni Kaning First Nation. Approximately 100 people were in attendance.
At the ceremony, the Government of Canada and the First Nations also commemorated a claim settlement that provides a total of $447.9 million in compensation to be shared among the five First Nations. This financial settlement resolves three historical claims which date back to the late 1800s and are the focus of the apology delivered today.
The apology relates to the Crown’s mismanagement of the First Nations’ monies from past land sales in the late 1800s following an agreement made with the First Nations in 1862. Instead of enabling these Anishinaabeg communities to thrive and economically benefit from the land sales, the Crown used the profits - the monies intended for the First Nations - to build roads and open up Manitoulin Island for settlement. In doing so, the Crown failed to act honourably and uphold its relationship with the First Nations, going against the spirit and intent of the Treaties, breaking its promises and creating injustices which continue to be felt by the communities today.
This formal statement of apology and co-developed settlement are key steps toward healing and reconciliation with Aundeck Omni Kaning, M’Chigeeng, Sheguiandah, Sheshegwaning and Zhiibaahaasing First Nations. This is also an opportunity for all people in Canada to learn about our shared history and the harmful legacies of colonialism so we can move toward greater understanding and respect.
Confronting our history and addressing past wrongs is critical to advancing reconciliation in Canada and rebuilding trust with First Nations communities.
Quotes
“Acknowledging and apologizing for past wrongs is the right thing to do. This settlement with Aundeck Omni Kaning, M’Chigeeng, Sheguiandah, Sheshegwaning and Zhiibaahaasing pays a longstanding debt that is rightfully owed to the First Nations. Nothing can undo the past or the pain it has caused, but it is crucial that we listen to Indigenous communities on how to best move forward. It is our hope that today’s apology will be a turning point in our Nation-to-Nation relationships with these five First Nations as we continue to co-develop shared solutions and build a better future based on mutual respect and true partnership.”
The Honourable Gary Anandasangaree
Minister of Crown–Indigenous Relations
“This has been a long time coming. It is good to finally see some compensation coming to the First Nations.”
Chief Patsy Corbiere,
Aundeck Omni Kaning
“This is a long overdue moment. We look forward to a positive result for our First Nation.”
Chief Morgan Hare,
M’Chigeeng First Nation
“Community partnerships have proven that working together on the Manitoulin Project is the best way to strengthen our communities, which creates a positive future for generations to come.”
Chief Jason Aguonie,
Sheguiandah First Nation
“Sheshegwaning is glad that Canada has taken this important step to resolve such long-standing breaches of fiduciary duty.”
Chief Alana Endanawas,
Sheshegwaning First Nation
“Our community suffered the loss of these funds for too many years. We look forward to finally building for our families and in line with our vision.”
Chief Irene Kells,
Zhiibaahaasing First Nation
Quick facts
- The five First Nations have long sought justice and fair compensation for the three historical claims (which are often called “the Manitoulin Project”).
- The First Nations and Canada began talks in 2016 to find the common ground for resolving these claims outside of the courts.
- Negotiators for the parties completed their work on the settlement in December 2023.
- First Nations members approved the settlement in community votes held in March 2024, with 98 percent of those who voted voting in favour.
- The settlement was signed by the First Nations and Canada in August 2024.
- The United Chiefs and Councils of Mnidoo Mnising represented the five Anishinaabeg First Nations in the negotiations: Aundeck Omni Kaning, M’Chigeeng, Sheguiandah, Sheshegwaning and Zhiibaahaasing.
Related links
Statement of apology to United Chiefs and Councils of Mnidoo Mnising
The Manitoulin Project
For more information, media may contact:
Gregory Frame
Press Secretary
Office of the Honourable Gary Anandasangaree
Minister of Crown-Indigenous Relations
[email protected]
Media Relations
Crown–Indigenous Relations and Northern Affairs Canada
819-934-2302
[email protected]
Chief Patsy Corbiere,
Aundeck Omni Kaning
(705) 368-2228
Chief Morgan Hare
M’Chigeeng First Nation
(705) 377-5362
Chief Jason Aguonie
Sheguiandah First Nation
(705) 368-2781
Chief Alana Endanawas
Sheshegwaning First Nation
(705) 283-3292
Chief Irene Sagon Kells
Zhiibaahaasing First Nation
(705) 283-3963
PRESS RELEASE
FOR IMMEDIATE RELEASE
June 17, 2021
Statement on Canada Day
M’Chigeeng, ON - The discovery of the lost children in Kamloops and at other former residential schools is shocking. At the same time, it is not surprising for Indigenous peoples, including the Anishinaabe of Mnidoo Mnising. It is just one of the many horrors brought on by Canada’s colonialist policies.
Canada Day cannot be a day of celebration for us. It is instead a day of profound sadness for us. We are in mourning for the Indigenous children killed by Canada’s system.
Canada Day is a painful reminder of the harm Canada has done and continues to do to Indigenous peoples and Indigenous children. Even today Canada continues its colonialist policies – including by fighting against the fair and equitable treatment of Indigenous children and by failing to provide Indigenous communities access to safe drinking water.
Despite the work of the Truth and Reconciliation Commission, which investigated the residential school system and its impacts, a large majority of Canadians say they were mostly unaware of the harm caused by Canada’s residential schools until the discovery in Kamloops.
This must change.
We, the Anishinaabe of Mnidoo Mnising, ask that Canadians to use Canada Day to educate themselves about the residential school system and its impacts. We encourage them to start by reading the Report of Truth and Reconciliation Commission and thinking about how they can work to implement the Commission’s Calls to Action.
We ask our neighbours not to celebrate Canada Day. Instead we ask them to educate themselves on the true history of Canada and to support us in our mourning by wearing an orange shirt to commemorate the lives of all our children. We also encourage you all to stand together with us in holding the Government responsible and addressing the historical injustice.
Media Contact:
Chief Patsy Corbiere, Aundeck Omni Kaning FN
UCCCM Tribal Chair
Phone: (705) 282-4883
PRESS RELEASE
UCCMM REFUSES TO Stay SILENT IN THE FIGHT AGAINST CLIMATE CHANGE
M’CHIGEENG, March 25, 2021 – The UCCMM First Nations refuse to stay silent in the fight against climate change. UCCMM recently intervened before the Supreme Court of Canada in the Reference re: Greenhouse Gas Pollution Pricing Act appeal, jointly with the Anishinabek Nation. The key issue in this case is whether the matters addressed in the Greenhouse Gas Pollution Pricing Act are of sufficient national concern that they fall within federal jurisdiction.
The UCCMM intervened in this case because we do not accept any inaction from Ontario when it comes to our lands and waters. As stewards of the largest freshwater island in the world, we must ensure the courts take the Anishinabek perspective into account when determining if climate change is a matter of national concern. Climate change disproportionately affects First Nation communities, our traditional way of life, and our ability to assert and exercise jurisdiction in relation to environmental issues that directly impact our lands and waters. The quality and quantity of our natural resources, including our waters and medicines, continues to diminish with the effects of climate change. It is vital that our voices be heard and our rights be respected. Read all the arguments in the Factum of the Interveners HERE.
Without taking any position on the current federal carbon pricing regime, the UCCMM asserted that where provinces are unable to effectively protect these rights, the federal government must be permitted to step in and enact legislation. There is no time to waste. First Nations should not be left without effective redress as a result of federal-provincial jurisdictional disputes. First Nation positions must be heard and addressed.
The UCCMM is pleased that our arguments were heard. A majority of the Court has recognized the “heightened impacts” of climate change experienced by First Nation communities in Canada and has upheld the federal Greenhouse Gas Pollution Pricing Act. The Court has acknowledged the particularly serious effects that climate change has had on Indigenous peoples and has recognized that climate change has the effect of “threatening the ability of Indigenous communities in Canada to sustain themselves and maintain their traditional ways of life”. Read the full decision HERE.
The UCCMM has been actively involved in this case and at the Ontario Court of Appeal proceedings in April 2019, the majority of the Court of Appeal cited UCCMM’s arguments and evidence in their reasons: see Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544 at paragraphs 12, 14 and 113.
MEDIA CONTACT:
Chief Patsy Corbiere
UCCMM Tribal Chair
Telephone: (705) 377-5307
http://www.uccmm.ca/
Further reading:
-Reference re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11
- Factum of the Joint Intervenors, --Anishinabek Nation and UCCMM
-Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544 at paragraphs 12, 14 and 113
PRESS RELEASE
UCCMM STANDS UP FOR FIRST NATION SELF-GOVERNANCE RIGHTS IN THE FIGHT AGAINST CLIMATE CHANGE
M’CHIGEENG, September 24, 2020 – UCCMM is proud to stand up for our lands and waters before the Supreme Court of Canada in the Reference re: Greenhouse Gas Pollution Pricing Act appeal as an Intervener, jointly with the Anishinabek Nation. The key issue in this case is whether or not the federal Greenhouse Gas Pollution Pricing Act is constitutional and within the federal government’s jurisdiction.
The UCCMM intervened in this case because climate change disproportionately affects First Nation communities, our traditional way of life, and our ability to assert and exercise jurisdiction in relation to environmental issues that directly impact their lands and their people. As stewards of the largest freshwater island in the world, we are ensuring that the courts take into account the Anishinabek perspective when determining if climate change is a matter of national concern. As the quality and quantity of our natural resources and medicines continue to diminish with the effects of climate change, it is vital that our voices be heard and our rights be respected.
On September 23, 2020, Counsel for the Anishinabek Nation and UCCMM (Patricia Lawrence from Westaway Law Group) appeared before the Supreme Court of Canada to argue that First Nations should not be left without effective redress as a result of federal-provincial jurisdictional disputes. The Crown must be held accountable for the protection and preservation of the Aboriginal and Treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982. If the provinces are unable to effectively protect these rights, the federal government must be permitted to step in and enact legislation. Read all the arguments in the Factum of the Interveners HERE.
The UCCMM has been actively involved in this case since the beginning and intervened at the Ontario Court of Appeal proceedings in April 2019. The majority of the Court of Appeal cited UCCMM’s arguments and evidence in their reasons: see Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544 at paragraphs 12, 14 and 113.
MEDIA CONTACT:
Chief Patsy Corbiere
UCCMM Tribal Chair
Telephone: (705) 368-2228
http://www.uccmm.ca/
Further reading:
UCCMM STANDS UP FOR FIRST NATION SELF-GOVERNANCE RIGHTS IN THE FIGHT AGAINST CLIMATE CHANGE
M’CHIGEENG, September 24, 2020 – UCCMM is proud to stand up for our lands and waters before the Supreme Court of Canada in the Reference re: Greenhouse Gas Pollution Pricing Act appeal as an Intervener, jointly with the Anishinabek Nation. The key issue in this case is whether or not the federal Greenhouse Gas Pollution Pricing Act is constitutional and within the federal government’s jurisdiction.
The UCCMM intervened in this case because climate change disproportionately affects First Nation communities, our traditional way of life, and our ability to assert and exercise jurisdiction in relation to environmental issues that directly impact their lands and their people. As stewards of the largest freshwater island in the world, we are ensuring that the courts take into account the Anishinabek perspective when determining if climate change is a matter of national concern. As the quality and quantity of our natural resources and medicines continue to diminish with the effects of climate change, it is vital that our voices be heard and our rights be respected.
On September 23, 2020, Counsel for the Anishinabek Nation and UCCMM (Patricia Lawrence from Westaway Law Group) appeared before the Supreme Court of Canada to argue that First Nations should not be left without effective redress as a result of federal-provincial jurisdictional disputes. The Crown must be held accountable for the protection and preservation of the Aboriginal and Treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982. If the provinces are unable to effectively protect these rights, the federal government must be permitted to step in and enact legislation. Read all the arguments in the Factum of the Interveners HERE.
The UCCMM has been actively involved in this case since the beginning and intervened at the Ontario Court of Appeal proceedings in April 2019. The majority of the Court of Appeal cited UCCMM’s arguments and evidence in their reasons: see Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544 at paragraphs 12, 14 and 113.
MEDIA CONTACT:
Chief Patsy Corbiere
UCCMM Tribal Chair
Telephone: (705) 368-2228
http://www.uccmm.ca/
Further reading:
- Case Summary on Supreme Court of Canada website
- Factum of the Joint Intervenors, Anishinabek Nation and UCCMM
- Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544 at paragraphs 12, 14 and 113
PRESS RELEASE
United Chiefs and Councils of Mnidoo Mnising Tribal Council and Canada sign framework for moving forward in partnership to advance reconciliation.
Manitoulin Island, ON, July 16, 2019— Working collaboratively to renew the relationship based
on recognition of rights, respect, co-operation and partnership is key to achieving reconciliation
with First Nations in Canada. The Government of Canada and the United Chiefs and Councils of
Mnidoo Mnising Tribal Council today announced the signing of a Framework Agreement, marking
animportant step to advance reconciliation and renew Canad&s relationship with Aundeck Omni
Kaning, Sheguiandah, Sheshegwaning, Whitefish River, and Zhiibaahaasing First Nations. The Framework Agreement was signed by the Honourable Carolyn Bennett, Minister of Crown-
Indigenous Relations and Chief Patsy Corbiere, Tribal Chair of the United Chiefs and Councils of
Mnidoo Mnising and Chief of Aundeck Omni Kaning. The Framework Agreement sets the stage for moving forward in partnership to address shared priorities through dialogue. This includes exploring ways to support and implement a renewed nation-to-nation relationship, advance the
First Nations’ vision of self-determination and co-develop solutions that help close socio
economic gaps and enhance community well-being.
For a copy of the full press release click here.
MEDIA CONTACT:
Chief Patsy Corbiere
UCCMM Tribal Chair
(705) 368-2228
United Chiefs and Councils of Mnidoo Mnising Tribal Council and Canada sign framework for moving forward in partnership to advance reconciliation.
Manitoulin Island, ON, July 16, 2019— Working collaboratively to renew the relationship based
on recognition of rights, respect, co-operation and partnership is key to achieving reconciliation
with First Nations in Canada. The Government of Canada and the United Chiefs and Councils of
Mnidoo Mnising Tribal Council today announced the signing of a Framework Agreement, marking
animportant step to advance reconciliation and renew Canad&s relationship with Aundeck Omni
Kaning, Sheguiandah, Sheshegwaning, Whitefish River, and Zhiibaahaasing First Nations. The Framework Agreement was signed by the Honourable Carolyn Bennett, Minister of Crown-
Indigenous Relations and Chief Patsy Corbiere, Tribal Chair of the United Chiefs and Councils of
Mnidoo Mnising and Chief of Aundeck Omni Kaning. The Framework Agreement sets the stage for moving forward in partnership to address shared priorities through dialogue. This includes exploring ways to support and implement a renewed nation-to-nation relationship, advance the
First Nations’ vision of self-determination and co-develop solutions that help close socio
economic gaps and enhance community well-being.
For a copy of the full press release click here.
MEDIA CONTACT:
Chief Patsy Corbiere
UCCMM Tribal Chair
(705) 368-2228
PRESS RELEASE
UCCMM STANDS UP FOR FIRST NATION SELF-GOVERNANCE RIGHTS IN THE FIGHT AGAINST CLIMATE CHANGE
UCCMM is proud to announce that it has been granted leave to intervene in the Reference re: Greenhouse Gas Pollution Pricing Act at the Ontario Court for Appeal.
UCCMM’s intervention will ensure that the Court understands that climate change is not an abstract issue but one that has already begun disproportionately affecting our inherent rights and jurisdiction over our lands and waters. As stewards of the largest freshwater island in the world, we are ensuring that the courts take into account the Anishinabek perspective when determining if climate change is a matter of national interest.
As the quality and quantity of our natural resources and medicines continue to diminish with the effects of climate change, it is vital that our voices be heard and our rights be respected. We are arguing that as treaty partners with the Crown, the Crown must uphold its end of the deal and respect our inherent constitutionally protected rights by mitigating climate change and ensuring that the federal government has the power to make polluters pay.
Though the Ontario government attempted to prevent the Court from hearing our knowledge on the effects of climate change on our territory and tried to lump all First Nation groups together into one submission, UCCMM and its legal team successfully defended against this argument on January 15th, 2019. As such, UCCMM will have the right to have its own distinct voice heard by the Court and its knowledge included in the evidence for this case.
UCCMM is set to intervene in this case on April 17th, 2019 to stand up for our lands and waters. Should we be successful in convincing the Court that it must interpret the division of powers between the Crown’s orders government in a way that respects our inherent rights and jurisdiction to self-govern. This will fundamentally change the way in which First Nation governments are involved in division of powers issues.
MEDIA CONTACT:
Chief Patsy Corbiere
UCCMM Tribal Chair
Telephone: (705) 368-2228
Click here for pdf copy
UCCMM STANDS UP FOR FIRST NATION SELF-GOVERNANCE RIGHTS IN THE FIGHT AGAINST CLIMATE CHANGE
UCCMM is proud to announce that it has been granted leave to intervene in the Reference re: Greenhouse Gas Pollution Pricing Act at the Ontario Court for Appeal.
UCCMM’s intervention will ensure that the Court understands that climate change is not an abstract issue but one that has already begun disproportionately affecting our inherent rights and jurisdiction over our lands and waters. As stewards of the largest freshwater island in the world, we are ensuring that the courts take into account the Anishinabek perspective when determining if climate change is a matter of national interest.
As the quality and quantity of our natural resources and medicines continue to diminish with the effects of climate change, it is vital that our voices be heard and our rights be respected. We are arguing that as treaty partners with the Crown, the Crown must uphold its end of the deal and respect our inherent constitutionally protected rights by mitigating climate change and ensuring that the federal government has the power to make polluters pay.
Though the Ontario government attempted to prevent the Court from hearing our knowledge on the effects of climate change on our territory and tried to lump all First Nation groups together into one submission, UCCMM and its legal team successfully defended against this argument on January 15th, 2019. As such, UCCMM will have the right to have its own distinct voice heard by the Court and its knowledge included in the evidence for this case.
UCCMM is set to intervene in this case on April 17th, 2019 to stand up for our lands and waters. Should we be successful in convincing the Court that it must interpret the division of powers between the Crown’s orders government in a way that respects our inherent rights and jurisdiction to self-govern. This will fundamentally change the way in which First Nation governments are involved in division of powers issues.
MEDIA CONTACT:
Chief Patsy Corbiere
UCCMM Tribal Chair
Telephone: (705) 368-2228
Click here for pdf copy
PRESS RELEASE
SUPREME COURT OF CANADA DECISION IN MIKISEW CREE
FIRST NATION v CANADA (GOVERNOR GENERAL IN COUNCIL), 2018 SCC 40
M’CHIGEENG, October 15th, 2018 – Following the Supreme Court of Canada’s reasons on October 11 in the case Mikisew Cree First Nation v. Canada, the United Chiefs and Councils of Mnidoo Mnising (UCCMM) are disappointed that the Supreme Court of Canada has determined that the fact scenario and the judicial review in the Mikisew Cree case was not a basis to impose a legal duty to consult on the legislative process.
We strongly disagreed with the actions of the Harper government in pushing through Omnibus Bills C-38 and C-45 without consultation. These Bills proposed to amend key federal statutes impacting on First Nations such as the Fisheries Act and threatened our members rights to hunt, trap and fish. First Nations must be consulted in the creation of any laws that impact our rights and interests further to our Treaty and Nation to Nation relationships, Canadian and international laws under section 35 and UNDRIP, and because this is simply good relations and governance.
This Supreme Court of Canada decision is complex and its ramifications will take additional time to review. We fully support the part of the decision on consultation written by Abella J, with Martin J concurring. We are also pleased to see that all members of the Court have confirmed the duty to consult in both the Sparrow and Haida framework. They have upheld the key constitutional principles of the honour of the Crown and reconciliation.
We say that, read in its entirety, this decision supports First Nation positions and our reality. Little has changed in that the Crown is still obligated to consult and seek our consent on their executive decision-making (Haida Nation v BC, 2004 SCC 73). We will continue to challenge any legislation for failure to consult (R v Sparrow, [1990] 1 SCR 1075) and we will use the new language of the Court at paragraphs 44-49 to seek at least declaratory remedies where any legislative process is inconsistent with our section 35 rights and the duty to consult. This area of the law must continue to develop in order for Canadian law to ever fulfil the promises of section 35 and to move forward on the path towards reconciliation.
MEDIA CONTACT:
Chief Patsy Corbiere
UCCMM Tribal Chair
Telephone: (705) 368-2228
Click here for pdf copy
SUPREME COURT OF CANADA DECISION IN MIKISEW CREE
FIRST NATION v CANADA (GOVERNOR GENERAL IN COUNCIL), 2018 SCC 40
M’CHIGEENG, October 15th, 2018 – Following the Supreme Court of Canada’s reasons on October 11 in the case Mikisew Cree First Nation v. Canada, the United Chiefs and Councils of Mnidoo Mnising (UCCMM) are disappointed that the Supreme Court of Canada has determined that the fact scenario and the judicial review in the Mikisew Cree case was not a basis to impose a legal duty to consult on the legislative process.
We strongly disagreed with the actions of the Harper government in pushing through Omnibus Bills C-38 and C-45 without consultation. These Bills proposed to amend key federal statutes impacting on First Nations such as the Fisheries Act and threatened our members rights to hunt, trap and fish. First Nations must be consulted in the creation of any laws that impact our rights and interests further to our Treaty and Nation to Nation relationships, Canadian and international laws under section 35 and UNDRIP, and because this is simply good relations and governance.
This Supreme Court of Canada decision is complex and its ramifications will take additional time to review. We fully support the part of the decision on consultation written by Abella J, with Martin J concurring. We are also pleased to see that all members of the Court have confirmed the duty to consult in both the Sparrow and Haida framework. They have upheld the key constitutional principles of the honour of the Crown and reconciliation.
We say that, read in its entirety, this decision supports First Nation positions and our reality. Little has changed in that the Crown is still obligated to consult and seek our consent on their executive decision-making (Haida Nation v BC, 2004 SCC 73). We will continue to challenge any legislation for failure to consult (R v Sparrow, [1990] 1 SCR 1075) and we will use the new language of the Court at paragraphs 44-49 to seek at least declaratory remedies where any legislative process is inconsistent with our section 35 rights and the duty to consult. This area of the law must continue to develop in order for Canadian law to ever fulfil the promises of section 35 and to move forward on the path towards reconciliation.
MEDIA CONTACT:
Chief Patsy Corbiere
UCCMM Tribal Chair
Telephone: (705) 368-2228
Click here for pdf copy