Law360 Canada ( October 11, 2018, 2:10 PM EDT) -- Appeal by Mikisew Cree First Nation (Mikisew) from a judgment of the Federal Court of Appeal setting aside a declaration by the Federal Court. The Mikisew were descendants of an Aboriginal group that ceded a large amount of land to the Crown in exchange for certain guarantees, including the right to hunt, trap, and fish. They were not consulted in the process leading to the enactment of two omnibus bills that had significant effects on Canada’s environmental protection regime, including the Canadian Environmental Assessment Act and the Fisheries Act. The Mikisew brought an application for judicial review under the Federal Courts Act (Act) seeking various declarations and orders concerning the Minister of Aboriginal Affairs and Northern Development’s, Minister of Finance’s and other Ministers’ duty to consult them. The Federal Court determined that the proceedings were not precluded by s. 2(2) of the Act and granted a declaration finding that the Mikisew were entitled to notice and an opportunity to make submissions about the omnibus bills affecting their rights. The Federal Court of Appeal allowed the appeal and held that policy development was immune from judicial review according to the principles of parliamentary sovereignty, separation of powers, and parliamentary privilege. The question in this appeal was whether the honour of the Crown gave rise to a justiciable duty to consult when Ministers developed legislation that could adversely affect the Mikisew’s treaty rights....