[Komatiite]

Originally Posted by The Unknown Poster

Does this mean they get dibs on the land without paying for it or that they get first right of refusal at fair market value?

Originally Posted by cheswick

So the ruling was that the Canadian government had to (has to) consult with the affected first nations? I'm a little confused as to what that means. Is that just another way of saying that the land would be theirs, or is it a matter of financially compensating them or what?

The Treaty Land Entitlement Committee website provides some basic context to the dispute. I've parsed the following:

On May 29, 1997, the Manitoba Treaty Land Entitlement (“TLE”) Framework Agreement was signed between Canada, Manitoba and the Treaty Land Entitlement Committee of Manitoba Inc., on behalf of 19 Entitlement First Nations (EFNs), at the Opaskwayak Cree Nation, Manitoba.

The TLE Framework Agreement outlines how the parties have agreed to fulfill the outstanding TLE obligations in Manitoba arising from the Numbered Treaties. It sets out the principles, responsibilities and dispute resolution processes associated with the land selection and acquisition process to be undertaken by the EFNs.

The TLE Framework Agreement provides for up to a total of 1,100,626 acres of land and $76 million towards the process of selecting and acquiring lands to be set apart as reserve for the EFNs. Of the 1,100,626 acres, 985,949 is the Crown Land Amount to be selected and 114,677 is the acreage amount to be purchased, or acquired.

To date, 15 EFNs have executed their individual Treaty Entitlement Agreements (“TEAs”) under the TLE Framework Agreement and are currently engaged in the land selection and acquisition process.

You can read the full agreement here. The general principles for selecting land appear on page 35.

My read is that the court is basically saying give them the land, or pony up a settlement. I make that speculation based on the phrase, "deep consultation" which I never encountered in my days as a geologist working with First Nations on their traditional lands. For that reason, I cannot imagine the government just rolling over without a Supreme Court challenge.

Of course, who knows? I am neither involved nor a lawyer, so take it with a grain of salt.