REASONS FOR DECISION OF THE HONOURABLE MR. JUSTICE RITTER ____________________________________________________ BETWEEN: RICHARD KAPPO, COUNCILLOR OF THE STURGEON LAKE CREE NATION, on behalf of the STURGEON LAKE CREE NATION Applicant - and...
AI summary The Sturgeon Lake Cree Nation, represented by Richard Kappo, appeals a 2002 decision by the Subdivision and Development Appeal Board and the Municipal District of Greenview No. 16. The appeal challenges the board's ruling on land development matters, with the applicant seeking reconsideration of the decision.
Background - [4] On April 23, 2001, the Municipal District of Greenview No. 16 (the "Municipal District") received an application to amend its Land Use Bylaw to reclassify the NE 1/4 20-70- 24-5 (the "Land") from "agricultural" to "rural c...
AI summary The Municipal District of Greenview No. 16 sought to rezone land for an RV campground, requiring amendments to the Land Use Bylaw and the Sturgeon Lake Area Structure Plan. The applicant appealed, arguing insufficient consultation with the Sturgeon Lake Cree Nation regarding aboriginal rights. The SDAB denied the appeal, citing jurisdictional limits under the MGA.
Analysis [10] The applicant argues that s. 35 of the Constitution Act compelled the SDAB to consider the issue of adequacy of consultation with the Band which the applicant represents. Much of the argument advanced by the applicant related...
AI summary The applicant asserts that s. 35 of the Constitution Act mandates the SDAB to assess consultation adequacy with the Band. The respondent acknowledges the legal duty to consult when aboriginal rights are infringed, citing Delgamuukw v. British Columbia [1997] 3 S.C.R. 1010. The obligation to consult is tied to justifying infringement of aboriginal or treaty rights.