Law360 Canada ( February 28, 2025, 11:57 AM EST) -- Appeal by Government of Saskatchewan – Minister of Environment (Saskatchewan) from a judgment of the Court of Appeal of Saskatchewan which set aside an order striking parts of Métis Nation – Saskatchewan and Métis Nation – Saskatchewan Secretariat Inc.’s (collectively, MNS) originating application. For many years, MNS has claimed to have Aboriginal title and commercial rights over parts of Saskatchewan. Saskatchewan has consistently denied the existence of these rights. In 1994, MNS commenced an action against Saskatchewan and Canada seeking, inter alia, declarations of Aboriginal title and rights to lands in Saskatchewan. The action was stayed. MNS commenced a second action in 2020 against Saskatchewan which was still ongoing. In 2021, Saskatchewan issued exploration permits to NexGen Energy Ltd. to conduct mineral exploration on lands that fell within the area claimed by MNS. MNS filed an originating application for judicial review of Saskatchewan’s decision to grant the permits arguing, among other things, that Saskatchewan breached its duty to consult. Saskatchewan filed an application to strike parts of MNS's originating application which referred to claims regarding Aboriginal title and commercial harvesting rights. It stated that the impugned paragraphs were an abuse of process because MNS was seeking to litigate matters already before the Court in two existing actions. The chambers judge found that it would be an abuse of process to allow MNS to proceed with its originating application with the challenged paragraphs included and granted Saskatchewan’s application. The Court of Appeal overturned the chambers judge’s decision. Saskatchewan argued that the originating application amounted to abuse of process in the context of a multiplicity of proceedings. MNS submitted there was no duplication of proceedings....