P.E.I. Mi'kmaq appealing Mill River Resort decision

The Mi'kmaq of Prince Edward Island are appealing arecent 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 AbegweitFirstNation said in a statement from the Mi'kmaq Confederacy of P.E.I. the decision to appeal came aftercommunity engagement and areview with legal counsel.

"TheMi'kmaqbelieve that the Applications judge made significant legal errors in the reasons forjudgementreleased on June25th," stated the release.

The appeal is necessary in order to protect the constitutionally entrenched Aboriginal and treaty rights of the Indigenous Mi'kmaq ofP.E.I., the release said.

Land transfer in dispute

Lennox Island and Abegweit First Nations began alegal battleseeking a judicial review of theland transfer the province made for the Mill River Resort,golf course, fun parkand campgroundto businessman DonMcDougall 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 reviewJune 25.

Francis saidwhile theMi'kmaqConfederacy will continue to work with the provincial government in a cooperative partnership on many issues, they willuphold and protect theirrights,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'kmaqConfederacy 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 Courtof Appealis necessary", said David Rosenberg, who is acting as legal counsel for the Mi'kmaqConfederacy.Rosenberg successfully represented the Tsilhqot'in Nation in a seminal 2014 Supreme Court of Canada casein which the Tsilhqot'in wontitle over approximately 2,000 square kilometres of land in central British Columbia.

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