Case information

Aboriginal law — Métis — Honour of the Crown — Duty to negotiate — Province engaging with rights-holders to design new policy on assessing non-settlement Métis rights claims for the purposes of consultation — Province eventually deciding not to move forward with new policy — Rights-holder group that was stable partner during the process seeking judicial review —Application and appeal dismissed — What is the source and purpose of the Crown’s duty to negotiate with Indigenous peoples? — When does the Crown’s duty to negotiate with Indigenous peoples arise? — What is the scope and content of the Crown’s duty to negotiate with Indigenous peoples?

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Since 2014, Alberta had been engaging with the applicant, Métis Nation of Alberta Association (“MNA”), and other Métis organizations to develop a Métis Consultation Policy for assessing non-settlement Métis rights claims for the purposes of consultation. In September 2019, Alberta’s Minister of Indigenous Relations decided not to move forward with the development of a draft Métis Consultation Policy, and to instead continue relying on an existing Credible Assertion Process. The MNA sought judicial review to quash that decision on the grounds it was made without prior notice, without opportunity to be heard, and without reasons being provided. The MNA argued the decision breached the honour of the Crown. The judicial review judge dismissed the application. She found the decision engaged the honour of the Crown but concluded that Alberta did not act contrary to the honour of the Crown. She held the decision was reasonable and that the MNA had been afforded adequate procedural fairness. The Alberta Court of Appeal dismissed the MNA’s appeal, concluding that Alberta was not obliged to provide reasons for the decision, that the duty to negotiate was not engaged, and that the honour of the Crown was not breached.