‘Another Metis ‘Nation’ Goes to Court’

“The Supreme Court of Canada allowed an application by the Métis ‘Nation’–Saskatchewan (MNS) for judicial review of the Saskatchewan government’s mining permit approvals to proceed. The court ruled that the application, launched in 2021, was not an abuse of process because previous proceedings between the parties had not addressed the dispute in the present case. At issue are three uranium exploration permits to a company within territory over which MNS asserts Aboriginal title and {Race} rights.

{That territory was legally surrendered by treaty (See below) but because the Supreme Court of Canada irresponsibly declared the Metis to be ‘Aboriginals’ – after the fact and despite their mixed-Race heritage (See below) – they now have the court-created ability to demand full Aboriginal Race rights, even though the majority of them have little Aboriginal blood. This means that they can make land title claims even though they weren’t eligible when the Treaties were signed. Even the Aboriginal tribes at the time did not consider the Metis to have a claim – and most of them still don’t.}

“This is the third court dispute between Saskatchewan and MNS, the {self-appointed} self-governing body for Métis in Saskachewan. All three disputes concern Aboriginal rights and the ‘duty to consult’. The two parties’ litigation history prompted the abuse of process allegation from the Saskatchewan government.

“The Saskatchewan government argued that two prior ongoing proceedings from 1994 and 2020 dealt with the same legal issue {!}— the duty to consult. The government’s position was that duplicative proceedings would “waste resources, risk inconsistent results, and bring the administration of justice into disrepute”. 

{The systemic court discrimination in favour of Aboriginals is what brings “the administration of justice into disrepute”!}

“Justice Suzanne Rowe, writing for a unanimous court, rejected the government’s arguments. She found that the 1994 action, which has been on hold, “is not dispositive” of the issue in the current case. She also determined that while the 2020 and 2021 proceedings do have clear overlap, they each raise different issues about the government’s duty to consult and as such, were not duplicative.

Prior to this 2021 proceeding, MNS asserted Aboriginal title and rights in 1994 and 2020 against the Saskatchewan government. The 1994 dispute was stayed in 2005 due to MNS’s failure to produce court-ordered documents {Did they have to pay the court costs?}. The 2020 dispute is ongoing, with a decision pending {Four years later?}. All three deal with, among other things, the Saskatchewan government’s ‘duty to consult’ with the MNS.

“In Canada, the {ill-defined} ‘duty to consult’ is an obligation placed on federal and provincial governments. It requires the Crown to consult with ‘Indigenous’ {sic, Aboriginal} groups when the Crown is contemplating conduct that may adversely affect the potential existing Aboriginal rights or titles that the government is aware of. In this case, the conduct in question is the approval of mining permits.

“This {court-created and court-imposed} ‘duty’ is rooted in the {court-created and court-imposed} ‘honor of the Crown’, elaborated in the landmark case, ‘Haida ‘Nation’ v British Columbia (Minister of Forests)’ which reiterated that the government must act honorably in all its dealings with ‘Indigenous’ peoples {Shouldn’t government have to act ‘honourably’ with ALL Canadian citizens?}, including good faith attempts at addressing ‘Indigenous’ concerns through consultation.

“Additionally, Canada {foolishly} ratified the ‘UN Declaration on the Rights of Indigenous Peoples (UNDRIP) into Canadian law in 2021. This requires Canadian governments to “take all measures necessary to ensure the laws of Canada are consistent with UNDRIP”. The ratifying legislation also affirmed the government’s ‘duty to consult’ with ‘Indigenous’ peoples.”

{Canadian Aboriginals are ‘Indigenous’ to Siberia and Mongolia.}

‘Canada top court allows Métis challenge of Saskatchewan mining permits to proceed’,

Daniel Kim, U. Ottawa Faculty of Law, March 1, 2025

https://www.jurist.org/news/2025/03/canada-top-court-allows-metis-challenge-of-saskatchewan-mining-permits-to-proceed/

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See also:

Supreme Court Dividing Canadians (Metis/Non-Status) {April 14, 2016}:

There is no consensus on who is considered Métis or a non-status Indian, nor need there be. Cultural and ethnic labels do not lend themselves to neat boundaries.”

{From the Supreme Court ruling.What a legal goldmine…}.”

https://endracebasedlaw.wordpress.com/2016/04/15/supreme-court-dividing-canadians/

^^^^^^^^^^^^^^^^

Here are the land surrender clauses from the Treaties that cover all of Saskatchewan:

TREATY 2: “The Chippewa Tribe of Indians and all other the Indians inhabiting the district hereinafter described and defined do hereby CEDE, RELEASE, SURRENDER, and YIELD UP to Her Majesty the Queen, and Her successors FOREVER, ALL THE LANDS included within the following limits…”
{There follows a lengthy description of the territory ceded, released, surrendered, etc.}

https://www.rcaanc-cirnac.gc.ca/eng/1100100028664/1581294165927
******************************
TREATY 4:
“The Cree and Saulteaux Tribes {“and Stonie Tribe…and Assiniboine Tribe”} of Indians, and all other the Indians inhabiting the district hereinafter described and defined, do hereby CEDE, RELEASE, SURRENDER AND YIELD UP TO THE GOVERNMENT OF THE DOMINION OF CANADA, for Her Majesty the Queen, and Her successors FOREVER, ALL THEIR RIGHTS, TITLES AND PRIVILEGES WHATSOEVER, TO THE LANDS INCLUDED within the following limits…

{There follows a lengthy description of the territory ceded, released, surrendered, etc.}

“Also ALL THEIR RIGHTS, TITLES AND PRIVILEGES WHATSOEVER TO ALL OTHER LANDS wheresoever situated within Her Majesty’s North-West Territories, or any of them. To have and to hold the same to Her Majesty the Queen and Her successors FOR EVER.”

https://www.rcaanc-cirnac.gc.ca/eng/1100100028689/1581293019940
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TREATY 5: “The Saulteaux and Swampy Cree Tribes of Indians and all other the Indians inhabiting the district hereinafter described and defined, DO HEREBY CEDE, RELEASE, SURRENDER AND YIELD UP TO THE GOVERNMENT OF THE DOMINION OF CANADA, for Her Majesty the Queen and Her successors FOR EVER, ALL THEIR RIGHTS, TITLES AND PRIVILEGES WHATSOEVER TO THE LANDS INCLUDED within the following limits…

{There follows a lengthy description of the territory ceded, released, surrendered, etc.}

AND ALSO ALL THEIR RIGHTS, TITLES AND PRIVILEGES WHATSOEVER TO ALL OTHER LANDS WHEREVER SITUATED in the North-west Territories or IN ANY OTHER PROVINCE OR PORTION OF HER MAJESTY’S DOMINIONS SITUATED AND BEING WITHIN THE DOMINION OF CANADA;

“The tract comprised within the lines above described, EMBRACING AN AREA OF ONE HUNDRED THOUSAND SQUARE MILES, be the same more or less;

“To have and to hold the same to Her Majesty the Queen, and Her successors FOREVER.”

https://www.rcaanc-cirnac.gc.ca/eng/1100100028699/1581292696320

******************************
TREATY 6:
“The Plain and Woods Cree Tribes of Indians, and all other the Indians inhabiting the district hereinafter described and defined, do hereby CEDE, RELEASE, SURRENDER and YIELD UP to the Government of the Dominion of Canada, for Her Majesty the Queen and Her successors FOREVER, ALL THEIR RIGHTS, TITLES and PRIVILEGES, whatsoever, to the LANDS included within the following limits…
{There follows a lengthy description of the territory ceded, released, surrendered, etc.}

“And also their rights, titles and privileges whatsoever to ALL OTHER LANDS wherever situated in the North-West Territories, or IN ANY OTHER PROVINCE OR PORTION OF HER MAJESTY’S DOMINIONS, SITUATED AND BEING WITHIN THE DOMINION OF CANADA.

“The tract comprised within the lines above described EMBRACING AN AREA OF 120,000 SQUARE MILES, be the same more or less.

“To have and to hold the same to Her Majesty the Queen and Her successors FOREVER…”

https://www.rcaanc-cirnac.gc.ca/eng/1100100028710/1581292569426
******************************
TREATY 8:
“AND WHEREAS, the said Commissioners have proceeded to negotiate a treaty with the Cree, Beaver, Chipewyan and other Indians, inhabiting the district hereinafter defined and described, and the same has been agreed upon and concluded by the respective bands at the dates mentioned hereunder, the said Indians DO HEREBY CEDE, RELEASE, SURRENDER AND YIELD UP TO THE GOVERNMENT OF THE DOMINION OF CANADA, for Her Majesty the Queen and Her successors FOR EVER, ALL THEIR RIGHTS, TITLES AND PRIVILEGES WHATSOEVER, TO THE LANDS included within the following limits…

{There follows a lengthy description of the territory ceded, released, surrendered, etc.}

“AND ALSO the said Indian rights, titles and privileges whatsoever to all other lands wherever situated in the Northwest Territories, British Columbia, or in any other portion of the Dominion of Canada.

“To have and to hold the same to Her Majesty the Queen and Her successors FOREVER…”

https://www.rcaanc-cirnac.gc.ca/eng/1100100028813/1581293624572
******************************
TREATY 10:
“And whereas the said commissioner has proceeded to negotiate a treaty with the Chipewyan, Cree and other Indians inhabiting the said territory hereinafter defined and described and the same has been agreed upon and concluded by the respective bands at the  dates mentioned hereunder…

“Now therefore the said Indians DO HEREBY CEDE, RELEASE, SURRENDER AND YIELD UP to the government of the Dominion of Canada for His Majesty the King and His successors FOR EVER, ALL THEIR RIGHTS, TITLES AND PRIVILEGES WHATSOEVER, TO THE LANDS included within the following limits, that is to say:

“All that territory situated partly in the province of Saskatchewan and partly in the province of Alberta, and lying to the east of Treaty Eight and to the north of Treaties Five, Six and the addition to Treaty Six, containing approximately an area of eighty-five thousand eight hundred (85,800) square miles and which may be described as follows…

{There follows a lengthy description of the territory ceded, released, surrendered, etc.}

“And ALL THEIR RIGHTS, TITLES AND PRIVILEGES WHATSOEVER AS INDIANS to ALL AND ANY OTHER LANDS WHEREVER SITUATED in the provinces of Saskatchewan and Alberta and the Northwest Territories or any other portion of the Dominion of Canada.

“To have and to hold the same to His Majesty the King and His successors FOR EVER.”

https://www.rcaanc-cirnac.gc.ca/eng/1100100028874/1581292941464

CAPS added…

I Am a Metis Woman:

“I’ve been called “racist”. I have been called a “traitor”. I have been told by family that I’m “too white”. ‘Too white’, because I have a career and wish to maintain a decent life for myself? Because I am not running around with some addiction and blaming it on “white people”? ‘Too white’.”

‘I Am a Metis Woman’

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