Court Rulings
Since the foundation of the association in the 1970's, the Labrador Metis Nation has been fighting to become recognized and acknowledged as a credible and authentic Aboriginal group in Labrador.
One victory at a time, the LMN is winning this battle. Listed below are court rulings which have involved the LMN, and some of the statements made in these rulings which support our association and strengthen our claim.
Court Rulings can be found at www.canlii.org
One victory at a time, the LMN is winning this battle. Listed below are court rulings which have involved the LMN, and some of the statements made in these rulings which support our association and strengthen our claim.
Court Rulings can be found at www.canlii.org
Communal Fishing License
Labrador Métis Association v. Minister of Fisheries and Oceans
1997 CanLII 4864 (F.C.) 1997-02-03
Federal Court of Canada
From this case, the Labrador Metis Nation successfully obtained a communal fishing license on the South Coast of Labrador. The LMN feels that this communal license needs to be expanded to the Lake Melville region, however, it is a first step in a relationship of mutual respect and understanding. The LMN and DFO continue to negiotiate and work together in a productive and creative manner.
1997 CanLII 4864 (F.C.) 1997-02-03
Federal Court of Canada
From this case, the Labrador Metis Nation successfully obtained a communal fishing license on the South Coast of Labrador. The LMN feels that this communal license needs to be expanded to the Lake Melville region, however, it is a first step in a relationship of mutual respect and understanding. The LMN and DFO continue to negiotiate and work together in a productive and creative manner.
Duty to Consult
Labrador Metis Nation v. Canada (Attorney General)
2005 FC 939 (CanLII) 2005-07-08
Federal Court of Canada
The Labrador Metis Nation v. Her Majesty in Right of Newfoundland and Labrador
2006 NLTD 119 (CanLII) 2006-07-19
Supreme Court of Newfoundland and Labrador, Trial Division
Labrador Métis Nation v. Canada (Attorney General)
2006 FCA 393 (CanLII) 2006-12-01
Federal Court of Appeal
Newfoundland and Labrador v. Labrador Métis Nation
2007 NLCA 75 (CanLII) 2007-12-12
Supreme Court of Newfoundland and Labrador, Court of Appeal
Upon losing the Appeal, the Province of Newfoundland and Labrador requested an Appeal through the Supreme Court of Canada. The Supreme Court of Canada rejected the request for appeal, upholding the Newfoundland and Labrador Court of Appeals Decision.
The Labrador Metis Nation considers this to be a land mark case. Three courts have reviewed facts and evidence, and derived that Labrador Inuit Metis do in fact have Aboriginal rights, and that the Province of Newfoundland and Labrador does in fact, have the duty to recognize the LMN. Listed below are some statements from the Court Decisions:
Supreme Court of Newfoundland and Labrador
[130] It is the finding of this court that there is a credible but yet unproven claim by the Labrador people who call themselves Metis with a coincidental high degree of probability that members of the Labrador Metis Nation will be recognized as an Aboriginal people under Section 35 of the Constitution Act, 1982.
Supreme Court of Newfoundland and Labrador Court of Appeals
[51] A "preliminary evidence-based assessment" of the of the strength of the respondents' claim, such as discussed in Haida, at paras. 37 and 39 supports the view in the present case that the claim is more than a "dubious" or "peripheral" or "tenuous" one, which would attract merely a duty of notice. The respondents have established a prima facie connection with pre-contact Inuit culture and a continuing involvement with the traditional Inuit lifestyle. They have presented sufficient evidence to establish that any aboriginal rights upheld will include subsistence hunting and fishing.
2005 FC 939 (CanLII) 2005-07-08
Federal Court of Canada
The Labrador Metis Nation v. Her Majesty in Right of Newfoundland and Labrador
2006 NLTD 119 (CanLII) 2006-07-19
Supreme Court of Newfoundland and Labrador, Trial Division
Labrador Métis Nation v. Canada (Attorney General)
2006 FCA 393 (CanLII) 2006-12-01
Federal Court of Appeal
Newfoundland and Labrador v. Labrador Métis Nation
2007 NLCA 75 (CanLII) 2007-12-12
Supreme Court of Newfoundland and Labrador, Court of Appeal
Upon losing the Appeal, the Province of Newfoundland and Labrador requested an Appeal through the Supreme Court of Canada. The Supreme Court of Canada rejected the request for appeal, upholding the Newfoundland and Labrador Court of Appeals Decision.
The Labrador Metis Nation considers this to be a land mark case. Three courts have reviewed facts and evidence, and derived that Labrador Inuit Metis do in fact have Aboriginal rights, and that the Province of Newfoundland and Labrador does in fact, have the duty to recognize the LMN. Listed below are some statements from the Court Decisions:
Supreme Court of Newfoundland and Labrador
[130] It is the finding of this court that there is a credible but yet unproven claim by the Labrador people who call themselves Metis with a coincidental high degree of probability that members of the Labrador Metis Nation will be recognized as an Aboriginal people under Section 35 of the Constitution Act, 1982.
Supreme Court of Newfoundland and Labrador Court of Appeals
[51] A "preliminary evidence-based assessment" of the of the strength of the respondents' claim, such as discussed in Haida, at paras. 37 and 39 supports the view in the present case that the claim is more than a "dubious" or "peripheral" or "tenuous" one, which would attract merely a duty of notice. The respondents have established a prima facie connection with pre-contact Inuit culture and a continuing involvement with the traditional Inuit lifestyle. They have presented sufficient evidence to establish that any aboriginal rights upheld will include subsistence hunting and fishing.