CHARLOTTETOWN, P.E.I. — The legal battle over the sale of the Mill River golf course has come to an end after the Supreme Court of Canada dismissed an application to appeal a lower court decision.
That application sought by the Mi’kmaq of P.E.I., former Lennox Island First Nation Chief Matilda Ramjattan and former Abegweit First Nation Chief Brian Francis, was in response to a P.E.I. Court of Appeal decision from November that found the provincial government didn’t breach its duty to consult.
The Supreme Court of Canada is the highest court in the country and did not give a reason for dismissing the application for leave to appeal.
In response to the decision, Abegweit First Nation Chief Junior Gould said meaningful consultation on any matters that involve Aboriginal rights is key to a successful relationship between the government and the Mi’kmaq.
“Although we are disappointed with this decision, we will not waver in our commitment to stand up for Aboriginal and treaty rights on Prince Edward Island,” Gould said.
Lennox Island First Nation Chief Darlene Bernard said Premier Dennis King and his government have committed to a relationship with the Mi’kmaq based on reconciliation and respect.
“We are hopeful that this commitment will help us build mutual trust and a co-operative spirit and thereby avoid future litigation,” she said.
Businessman Don McDougall bought 324 acres of Crown land in 2017, which included the Mill River golf course, as part of a 20-year agreement with the province.
He bought the property for $500,000, and the province committed $6 million for capital improvements over 12 years.
The government also bought the resort property, which it then gave to McDougall, and committed $1.6 million for operational losses during the first six years of the agreement.
Since then, the Mi’kmaq of P.E.I., Ramjattan, on behalf of the Lennox Island First Nation, and Francis, on behalf of the Abegweit First Nation, sought a judicial review.
P.E.I. Supreme Court Justice Gordon Campbell dismissed the judicial review in June 2019, saying the government made reasonable efforts to inform and consult.
In a unanimous decision, the P.E.I. Court of Appeal found the government didn’t have a duty to consult Island Mi’kmaq over the deal, but if it had, consultations that were started and carried out exceeded what was required.
It upheld Campbell’s decision.
The application for leave to appeal was dismissed with costs to the respondents.
