On June 25, 2018, the Supreme Court of Prince Edward Island released its decision in Mi’kmaq of P.E.I. v Province of P.E.I. et al. addressing the decision of the Government of Prince Edward Island to dispose of the Mill River Resort complex, a golf course, hotel, campground and fun-park owned by the Province. On January 10, 2017, the Province approved the sale of the Resort to a private purchaser who intended to continue operating the Resort. The Mi’kmaq filed a Judicial Review on February 8, 2017, requesting that the sale be stopped. Justice Gordon Campbell concluded that there would be little-to-no adverse impact on the rights claimed as a result of a transfer of the Resort. Given this minimal potential infringement, the duty to consult was, at most, at the low end of the Haida Nation spectrum, while the Province’s consultation efforts were sufficient to satisfy the requirements associated with a duty at the midrange of that spectrum.
Thomas Isaac, a partner at Cassels, appeared as co-counsel for Her Majesty the Queen in Right of the Province of Prince Edward Island, with assistance from Arend Hoekstra, also of Cassels.