Nation Métisse du Labrador v. Canada (Procureur général), 2006 CAF 393 (2006)

Extract

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Nation Métisse du Labrador v. Canada (Procureur général), 2006 CAF 393 (2006)

Date: 20061201

Docket: A-452-05

Citation: 2006 FCA 393

CORAM: LINDEN J.A.

NADON J.A.

EVANS J.A.

BETWEEN:

LABRADOR MÉTIS NATION and

CARTER RUSSELL

Appellants

and

THE ATTORNEY GENERAL OF CANADA

Respondent

Heard at Toronto, Ontario , on November 1, 2006.

Judgment delivered at Ottawa, Ontario , on December 1 , 2006.

REASONS FOR JUDGMENT BY: EVANS J.A.

CONCURRED IN BY: LINDEN J.A.

NADON J.A.

Date: 20061201

Docket: A-452-05

Citation: 2006 FCA 393

CORAM: LINDEN J.A.

NADON J.A.

EVANS J.A.

BETWEEN:

LABRADOR MÉTIS NATION and

CARTER RUSSELL

Appellants

and

THE ATTORNEY GENERAL OF CANADA

Respondent

REASONS FOR JUDGMENT

EVANS J.A.

A. INTRODUCTION

[1] The question to be decided in this appeal is whether the Crown’s duty to consult an aboriginal community before a decision is made which may adversely affect lands subject to an aboriginal claim applies when the Attorney General stays a private prosecution.

[2] The prosecution in question had been instituted in the Provincial Court of Newfoundland and Labrador by a member of the Labrador Métis Nation (“the appellants”) against the Province of Newfoundland and Labrador . The informations alleged that the Province’s construction of bridges and a causeway over rivers, where the appellants claimed an aboriginal right to fish for salmon, contravened the Fisheries Act by damaging fish habita...

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