Recently the Atlantic Lotto Corporation decided to build a new…

EarlTitanium10846 Recently the Atlantic Lotto Corporation decided to build a new…Recently the Atlantic Lotto Corporation decided to build a new resort and casino on the waterfront in Gold River, Nova Scotia. The property is approximately 7 hectares of land close to the current Gold River reserve and the Mi’kmaq have asserted aboriginal title over the lands. The Gold River lands are owned by the Province, but they are subject to the Mi’kmaq Comprehensive Land Claim filed in 1984 and accepted for negotiation by the Crown in 1991. The Mi’kmaq have been participating in negotiations with Nova Scotia and Canada through the Nova Scotia Treaty Commission since early 1994. The Mi’kmaq’s reserve land at Gold River is small, relative to their population, and not adequate for Mi’kmaq’s present or future needs. The Mi’kmaq have repeatedly asked the federal and provincial governments to preserve Crown held lands for treaty purposes, but each government has a policy of not holding land for treaty purposes until the affected First Nation has signed a framework agreement. The Mi’kmaq have not signed a framework agreement. There is a limited and shrinking base of Crown held land within and near the Mi’kmaq traditional territory at Gold River which could be included in a Mi’kmaq treaty.For many years, the Mi’kmaq have expressed a desire to develop a gaming facility in the Gold River territory. Nova Scotia was opposed to this development and in 1998 the provincial government rejected the Mi’kmaq proposal. In its treaty discussions the Mi’kmaq have advised the federal and provincial governments that they propose to pursue economic development through participation in gaming. Through the late 1990’s and early 2000’s the Mi’kmaq pursued commercial acquisition of an interest in the same Gold River lands for the purpose of establishing a gaming facility on those lands, without success.In February 2022, Great Canadian Casinos Ltd applied to have the Gold River lands re-zoned to allow development of a casino on the lands. Great Canadian is a wholly owned subsidiary of Atlantic Lotto. A public hearing was held on the re-zoning in March of 2022. The lands were re-zoned. In early April 2022 Great Canadian acquired title to the lands and were issued a development permit for the Gold River site.On February 24, 2023 the Atlantic Lotto advised the Mi’kmaq that Great Canadian had received the approval for construction of the casino to the Gold River lands; if the Mi’kmaq wished to file an objection as provided for by the Act, they must do so by March 8, 2023. On March 5, 2023 Mi’kmaq filed an objection with Atlantic Lotto.On March 26, 2023 Atlantic Lotto advised the Mi’kmaq that the objection filed by the Mi’kmaq was not an objection within the meaning of s. 21 of the Act; that Atlantic Lotto was satisfied that all of the statutory preconditions had been met for the proposed construction; that Atlantic Lotto was satisfied that adequate community input had been sought and considered and that Atlantic Lotto had finalized its decision to construct the casino on the Gold River lands.It is asserted that the Province, through the Lottery Corporation, did not fulfill its constitutional and common law duty to consult with the Mi’kmaq regarding use of the Gold River lands.1. With specific reference to the facts of the case, describe the Duty to Consult, and illustrate whether the Crown has fulfilled its’ obligations. BusinessBusiness – Other