Supreme Court of Canada denies request for Leave to Appeal

On Thursday, April 23, 2020, the Supreme Court of Canada issued its decision to deny the Epekwitk Mi’kmaq’s application to appeal the Prince Edward Island Court of Appeal Decision regarding the Government of Prince Edward Island’s sale of Crown Lands at Mill River.

“Although we are disappointed with this decision, we will not waiver in our commitment to stand up for Aboriginal and treaty rights on Prince Edward Island,” said Chief Junior Gould of Abegweit First Nation. “To be meaningfully consulted on the sale of Crown lands, or in any matter that involves Aboriginal rights, is key to a successful relationship between the Government and the Mi’kmaq.”

The Government of Prince Edward Island has a Constitutional obligation to consult with the Mi’kmaq on any activities that could have an adverse impact on Mi’kmaq rights, including unceded Mi’kmaq title rights. The sale of Crown Lands is of particular concern to the Epekwitk Mi’kmaq, since Crown Lands form such a small percentage of land on PEI and the PEI Mi’kmaq have been acutely deprived of land on the Island – their traditional territory.

“Premier King and his government have committed to a different relationship with the Mi’kmaq, based on reconciliation and respect,” said Chief Darlene Bernard of Lennox Island First Nation. “We are hopeful that this commitment will help us build mutual trust and a cooperative spirit, and thereby avoid future litigation.”