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The court says it was not an abuse of process for Métis Nation Saskatchewan to sue the province on the issue.

"Although abuse of process is possible in proceedings involving Indigenous litigants, the unique context of Aboriginal rights litigation must always be borne in mind," the decision says. 

Métis Nation Saskatchewan filed a claim in 2021 against the province, arguing it had Aboriginal title and rights to the land where NexGen Energy Ltd. received the permits. 

Saskatchewan argued the claims were an abuse of process, as Métis Nation Saskatchewan has other lawsuits against the province over consultation issues. 

A Court of King's Bench judge sided with Saskatchewan and struck portions of the lawsuit, but Métis Nation Saskatchewan sought an appeal and had the entire action reinstated. 

The province challenged that ruling in the Supreme Court, but it was also dismissed.  

Métis Nation Saskatchewan's other lawsuits include one filed in 2020 alleging the province has a duty to consult the organization on land title and commercial harvesting rights.

The other legal action from 1994 seeks declarations of Aboriginal title and commercial harvesting rights on the land in the province's northwest. In 2005, a judge stayed the decision on that case due to Métis Nation Saskatchewan not disclosing certain documents.

The organization can apply to the courts to lift the stay, but it has not done so. 

"The fact that there are two or more ongoing legal proceedings which involve the same, or similar, parties or legal issues, is in itself not sufficient for an abuse of process," the decision says. 

"There may be instances where multiple proceedings will enhance, rather than impeach, the integrity of the judicial system, or where parties have a valid reason for bringing separate, but related, proceedings."

Hilary Peterson, the head legal officer with Métis Nation Saskatchewan, said the decision gives it the right to challenge specific cases where it believes consultation was not done.

"We have really clear direction that this is not an abuse of process, that it is not a duplication and, in fact, it's our right to do so," she told reporters in Saskatoon.

The Saskatchewan government said in a statement that it respects the decision. 

"While the Supreme Court dismissed the appeal, it also recognized Saskatchewan’s concerns about having to argue the same case twice," it said.

"The matter will now return to the Court of King’s Bench to determine next steps."

This report by ¹ú²úÓÕ»ó¸£Àû was first published Feb. 28, 2025.

— By Jeremy Simes in Regina.