Mi'kmaq of PEI v Province of PEI et al, 2018 PESC 20

This application was heard before the Prince Edward Island Supreme Court.

Crown lands on Prince Edward Island had been leased to a private development company for thirty-four years for the purposes of building a golf course and resort. Later, the provincial government prepared to seek out new parties who were interested in leasing, managing, or purchasing the land in question. The provincial government informed Mi'kmaw governments on PEI of its intentions, and, in response, the Mi'kmaq asserted title to the land, as well as to the lands throughout PEI more generally. Over the next four-and-a-half years, the provincial government communicated with both the Mi’kmaq and other parties who were interested in purchasing or leasing the land in question. After the provincial government approved the sale of the land to a new developer, the Mi'kmaq brought an application before the Court, arguing that the provincial government had failed to meet its duty to consult.

The Court held that the provincial government had met its duty to consult, as it had made sufficient efforts to communicate with the Mi'kmaq throughout the process. The Court held that the sale of the land was valid, and it dismissed the application. 

View the Decision on CanLII: https://www.canlii.org/en/pe/pesctd/doc/2018/2018pesc20/2018pesc20.html

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