Nova Scotia Court of Appeal Upholds Class Action Decision of January 27, 2022

January 17, 2024

Nova Scotia (Attorney General) v. Joyce 2023 NSCA 9

The Respondents, four Mi’kmaq members of the Native Council of Nova Scotia, whose rights to hunt and harvest were arbitrarily and without meaningful consultation, stripped from them and others who already exercised established rights.

In doing so, the respondents claim the Province of Nova Scotia has breached its duty to consult, has infringed their s.35 rights, and has discriminated against them contrary to s.15 of the Canadian Charter of Rights and Freedoms.

Three Court of Appeal Judges heard the appeal, and on January 16, 2024, dismissed the Appeal by Nova Scotia (Attorney General) confirming that the case will proceed as a Class Action. Nova Scotia (Attorney General) failed to demonstrate the Certification Judge erred in the Decision of January 27, 2022.

“This decision aligns with the 2016 Canadian Supreme Court Decision in “Daniels”, recognizing the Indigenous Peoples who reside off Indian Act Reserves, are “Indians” under S.35 of the Constitution of Canada. The Appeal decision yesterday, demonstrates the need for the Government of Nova Scotia to uphold its duties, responsibilities and accountability to the Mi’kmaq Peoples who continue to reside on their Traditional homelands throughout Nova Scotia.” Chief Lorraine Augustine.

“We look forward to moving ahead with the Class Action and the impacts this decision offers from the Nova Scotia Court of Appeal and we encourage people to examine the full decision.” Chief Lorraine Augustine.

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For more information

Chief Lorraine Augustine,

Chief and President, Native Council of Nova Scotia

chieflaugustine@ncns.ca

Tel-902-895-1523 Fax-902-895-0024

NT4