Saskatchewan (Environment) v Métis Nation – Saskatchewan, 2025 SCC 4 – Case Summary

On February 28, 2025, the Supreme Court of Canada (“SCC”) released its decision regarding the Métis Nation of Saskatchewan’s (“MNS”) 2020 and 2021 actions against the Province of Saskatchewan (“Saskatchewan”). Saskatchewan argued that MNS’s 2020 and 2021 actions amounted to an abuse of process as both actions involved the same issues. Saskatchewan also argued that these actions had the potential for two different decisions to arise concerning Métis consultation regarding title and commercial harvesting rights. The lower court found MNS’s 2021 action to be an abuse of process and struck parts of the claim. The Saskatchewan Court of Appeal overturned the lower court’s decision and found no abuse of process in the actions. The Supreme Court of Canada dismissed the appeal.

Background

In 2020, MNS commenced an action challenging Saskatchewan’s consultation policy, which provides the framework for the province to consult and accommodate Aboriginal title interests and commercial harvesting rights. MNS sought to strike the consultation policy on the grounds that it was unconstitutional. The Saskatchewan Court of King’s Bench heard an application for summary judgement in the action but has yet to release its decision. In 2021, MNS commenced a separate action in response to Saskatchewan issuing exploratory drilling permits located within MNS’s asserted title and rights claim area. In 1994, MNS filed a title and rights claim, but the claim has been on hold since 2005 due to MNS’s failure to disclose documents to Saskatchewan.

The Decision

In a unanimous decision, the SCC held that an abuse of process occurs when an action violates the legal principles of judicial economy, consistency, finality and the integrity of the administration of justice. In cases where abuse of process is established, a court can strike pleadings to prevent the relitigation of an issue. The SCC acknowledged that the existence of multiple proceedings can create an abuse of process in certain circumstances, but multiple proceedings dealing with a similar issue or involving the same parties do not necessarily amount to an abuse of process. The SCC clarified that, to consider the issue of abuse of process, courts should determine whether allowing the litigation to proceed would violate the legal principles associated with the administration of justice, which would lead to an abuse of process.

In applying this standard, the SCC found the 2021 action arose out of a specific instance related to the general question raised in the 2020 action: the legality of Saskatchewan’s policy regarding consultation with Aboriginal people, including the Métis. The SCC found that the 2021 action did not amount to an abuse of process as it did not threaten the integrity of the principles associated with the administration of justice. Although the two MNS actions involved an overlap of issues and facts, the SCC found that it would be a misuse of the doctrine of the abuse of process to limit MNS’s claims in this manner.

The SCC found Saskatchewan’s argument regarding the potential for inconsistent outcomes between the 2020 and 2021 actions to be valid. But the SCC held that active case management could mitigate this risk and “ensure efficient use of court resources.” The SCC held that it is a drastic remedy for a court to strike pleadings as an abuse of process, which should be limited to the clearest of cases.

The SCC concluded that in cases involving Indigenous litigants and Aboriginal rights, courts should facilitate the just resolution of Aboriginal claims, not impede Indigenous litigants through improper findings of abuse of process. The SCC held that courts should apply the principles of reconciliation to cases involving Indigenous litigants and competing interests with non-Aboriginal Peoples. The SCC dismissed the appeal finding no abuse of process in the MNS actions.

Comments

This decision affirms the circumstances in which an abuse of process can occur and how courts should analyze abuse of process claims in the context of Indigenous litigants. The SCC in this case held that courts should consider the principle of reconciliation when dealing with competing interests between Aboriginal and non-Aboriginal people. This, in the view of the SCC, will ensure abuse of process claims are well founded and are in keeping with the principle of reconciliation.