Mi'kmaq challenge of Mill River Resort sale dismissed in court

An application for a judicial review of the sale of Mill River Resort by the Mi'kmaq Confederacy of P.E.I. has been dismissed in court.

Mi'kmaq claimed province hadn't met duty to consult First Nations

CBC News ·
The Mi'kmaq applied for the judicial review following the sale of the Mill River property. (John Robertson/CBC)

An application for a judicial review of the sale of Mill River Resort by the Mi'kmaq Confederacy of P.E.I. has been dismissed in court.

The province announced the transfer of the Mill River resort, golf course, fun park, and campground to businessman Don McDougall in January 2017.

The Mi'kmaq Confederacy applied for a judicial review, claiming the province hadn't met its duty to consult First Nations over the sale of Crown land.

In his decision, P.E.I. Supreme Court Justice Gordon Campbell said when he looked at the province's consultation efforts as a whole, he was satisfied that they "met, and exceeded, their duty to engage in meaningful consultations and to act in good faith toward the Aboriginal people and interests which might be impacted by their contemplated land transfer." 

A news release from the Mi'kmaq Confederacy said it is "obviously disappointed with the result," and will review all elements of the decision before deciding on the next steps to take.

"We need time to digest the decision and to meet with our legal counsel but we are aware that this may very well be the first step in a lengthy legal process," said Chief Brian Francis, of the Abegweit First Nation, in the release.

The Government of P.E.I. issued a news release as well, saying it welcomed the Supreme Court's decision.

"The province will continue to work together in a spirit of partnership and reconciliation with the Mi'kmaq people and leadership of Prince Edward Island," said Premier Wade MacLauchlan, in the release.

More to come