Today Sipekne’katik First Nation goes to the Supreme Court of Nova Scotia to challenge the provincial government’s consultation process regarding the Alton Gas project. Sipekne’katik’s essential argument is that the band was not adequately consulted about the project, despite the obvious direct impacts it will have on the community. The provincial government’s legal strategy to defend against this claim is deeply troubling.
The province is attempting to win this case by undermining the sovereignty of the Mi’kmaq people, claiming that only “unconquered peoples” are owed a duty of consultation. It argues that Sipekne’katik First Nation ‘submitted’ to the Crown in the 1760 treaty, and is therefore not owed the government’s constitutional duty to consult.