P.E.I. Mi'kmaq appealing Mill River Resort decision
Decision to appeal came after community consultation, legal review
The Mi'kmaq of Prince Edward Island are appealing a recent Supreme Court of P.E.I. decision over the sale of the Mill River Resort to the province's Court of Appeal.
Chief Brian Francis of the Abegweit First Nation said in a statement from the Mi'kmaq Confederacy of P.E.I. the decision to appeal came after community engagement and a review with legal counsel.
"The Mi'kmaq believe that the Applications judge made significant legal errors in the reasons for judgement released on June 25th," stated the release.
The appeal is necessary in order to protect the constitutionally entrenched Aboriginal and treaty rights of the Indigenous Mi'kmaq of P.E.I., the release said.
Land transfer in dispute
Lennox Island and Abegweit First Nations began a legal battle seeking a judicial review of the land transfer the province made for the Mill River Resort, golf course, fun park and campground to businessman Don McDougall in January 2017.
The two First Nations argued the province did not consult them before transferring the property.
But the Supreme Court of P.E.I. disagreed and dismissed the judicial review June 25.
Francis said while the Mi'kmaq Confederacy will continue to work with the provincial government in a cooperative partnership on many issues, they will uphold and protect their rights, including our assertion of Aboriginal title and holding government accountable regarding the duty to consult.
"On behalf of the PEI Mi'kmaq, our band councils must appeal what we see as a fundamentally flawed decision," said Francis.
In the notice of appeal filed with the court, the Mi'kmaq Confederacy allege the judge made a number of errors in law in interpreting fundamental Aboriginal law principles and key court decisions respecting the duty to consult.
"We therefore feel a review by the Court of Appeal is necessary", said David Rosenberg, who is acting as legal counsel for the Mi'kmaq Confederacy. Rosenberg successfully represented the Tsilhqot'in Nation in a seminal 2014 Supreme Court of Canada case in which the Tsilhqot'in won title over approximately 2,000 square kilometres of land in central British Columbia.