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Judge dismisses judicial review of Mount Carleton snowmobile hub – CBC
by ahnationtalk onSeptember 26, 201980 Views
Sep 26, 2019
Justice Richard Petrie rules Wolastoq Grand Council has no standing to ask for consultation
A judge has dismissed two judicial reviews of the Mount Carleton snowmobile hub project.
Justice Richard Petrie of Court of Queen’s Bench dismissed the complaints filed by the Wolastoq Grand Council, also referred to as the Maliseet Grand Council, and a former park manager. He ordered them to pay $3,000 to the province.
Petrie found the council did not prove it has legal standing to ask to be consulted as an Indigenous body or to claim treaty rights in this case. He also ruled a judicial review is not the proper channel for this kind of challenge.
“While I appreciate why members of the community, be it traditional or contemporary, would have an interest in maintaining any treaty protections, I am not convinced this applies in this particular instance before me,” he wrote in his decision.