| Court Says Feds Side-stepped Treaty | 05 December 05 |
 In a 9-0 decision, the Supreme Court ruled that the federal government side-stepped its treaty obligation to consult aboriginal peoples when it authorized construction of a road through Treaty 8 territory in northeastern Alberta. The Mikisew Cree objected to a road that would cut Wood Buffalo national park in half, north to south."The government's approach did not advance the process of reconciliation but undermined it," the court said in its November 24 ruling. "[The government] failed to demonstrate an intention of substantially addressing aboriginal concerns." The Crown first approved the road through the homeland of the Mikisew Cree in 2000. After the Cree objected, the road was re-routed, but without due consultation. "The Crown did not discharge its obligations when it unilaterally declared the road re alignment." The decision upholds the hunting, trapping and fishing rights of aboriginal peoples in treaty territory beyond reserve boundaries. The rights of the Mikisew Cree and the responsibilities of the Crown arise from Treaty 8 of 1899. "Contrary to the Crown's argument," the ruling states, "the duty to consult was not discharged in 1899 by the pre treaty negotiations." The court clarified that the aboriginal right to consultation does not extend to veto powers. The court said the case "goes to the heart of the relationship and concerns not only the Mikisew, but other first nations and non-aboriginal governments as well." View the November 24, 2005 CBC article and map View the November 24, 2005 Supreme Court Decision View the November 24, 2005 Globe & Mail article Sources: CBC, Supreme Court of Canada |
|
