The federal government approved the construction of a winter road through Wood Buffalo National Park, which would traverse the traditional hunting and trapping grounds of the Mikisew Cree First Nation.
The Mikisew argued this infringed their rights under Treaty 8.
The Supreme Court of Canada held that while the Crown has a treaty right to 'take up' lands for purposes such as transportation, this right is subject to the honour of the Crown and the duty to consult.
The Court found that the Crown failed to adequately consult the Mikisew before approving the road, thereby breaching its duty.
The appeal was allowed and the Minister's approval was quashed.
