• Background: The case involves the Mikisew Cree First Nation's appeal against the Federal Court's decision, which dismissed their judicial review application. The application sought to overturn the decision of the Minister of Environment and Climate Change, who declined to designate the Horizon Oil Sands Mine Extension Project as a reviewable project under the Canadian Environmental Assessment Act (CEAA 2012).

• Key Issues:

  1. Whether the duty to consult with the Mikisew Cree First Nation was triggered.
  2. The reasonableness of the Minister’s decision.

• Court's Findings:

  1. The duty to consult was not triggered. This was based on the fact that the Mikisew Cree First Nation could participate in the ongoing provincial environmental assessment, which would determine the project's approval.
  2. The Minister's decision was deemed reasonable. The Federal Court determined that any potential impact on the Mikisew's Aboriginal or Treaty rights would arise from the project's approval by the Alberta Energy Regulator, not from the Minister's decision.

• Outcome: The appeal was dismissed with costs, maintaining the Federal Court's decision.

The case emphasizes the distinction between federal and provincial responsibilities in environmental assessments and the duty to consult Indigenous communities.

Financial terms not specified.