L’nuey’s Consultation Unit works under the direction of the Epekwitk Assembly of Councils, which is made up of the full elected leadership of Lennox Island and Abegweit First Nations. The Unit ensures that the Epekwitnewaq Mi’kmaq are consulted in a meaningful way whenever federal or provincial government decisions could affect Mi’kmaq lands, waters, culture, or Aboriginal and treaty rights.
The Crown’s Duty to Consult
The Crown (federal and provincial governments) has a legal duty to consult with Indigenous peoples when a decision might affect asserted or established Aboriginal or treaty rights. This duty exists to uphold the Honour of the Crown, to support reconciliation, and to ensure that Indigenous voices are considered before decisions are made.
Case law: The Supreme Court of Canada confirmed this duty in Haida Nation v. British Columbia (Minister of Forests), 2004 SCC 73.
The Consultation Agreement
On August 13, 2012, the Government of Canada, the Province of Prince Edward Island, and the Mi’kmaq of PEI signed the Mi’kmaq–Prince Edward Island–Canada Consultation Agreement.
This Agreement sets out a clear process for when and how the Crown must notify and consult with the Epekwitnewaq Mi’kmaq, through the L’nuey Consultation Unit. It provides the framework for how consultations are managed on Epekwitk (PEI).
What triggers a consultation?
A consultation is triggered when the Crown proposes a decision or activity that could affect Epekwitnewaq Mi’kmaq rights or traditional use. Examples include:
- Land or resource development or licensing
- Major infrastructure or energy projects
- Changes to resource management or fisheries
- Activities affecting archaeological sites, waterways, or harvest areas
2024-2025
By the Numbers
81
Federal Consultation Files
73
Provincial Consultation Files
175+
Crown Notifications Received
- Land development
- Lease agreements
- Wharf construction
- Dredging
How L’nuey’s Consultation process works
1
Receive notification from the Crown under the Agreement
2
Screen the file using legal, archaeological, environmental, and Mi’kmaq traditional-use perspectives
3
Engage community knowledge holders and technical experts as needed
4
Advise the Crown and Mi’kmaq leadership of concerns and propose accommodations if required
5
Support leadership decisions – Final decision-making authority always rests with the Epekwitk Assembly of Councils
Frequently Asked Questions
What is the Duty to Consult?
It is the Crown’s legal duty to consult (and where appropriate, accommodate) when proposed actions may affect Aboriginal or treaty rights. Haida Nation v. British Columbia, 2004 SCC 73 »
What is the Epekwitnewaq Mi’kmaq title claim on PEI?
The Epekwitnewaq Mi’kmaq assert Aboriginal title to all of Prince Edward Island, including surrounding waters and nearby islands.
Aboriginal title means the Mi’kmaq have ownership rights to the land. This includes the right to use it, care for it, make decisions about it, and benefit from its resources and economic development. Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 »
What are “Aboriginal and Treaty Rights”?
Aboriginal rights are the rights that come from the customs, traditions, and practices of each First Nation. They are based on the fact that Indigenous peoples lived on, used, and cared for these lands long before European contact. Examples include, but are not limited to hunting, fishing, harvesting and trapping. These rights are recognized and protected under section 35 of the Constitution Act, 1982.
Treaty rights come from formal agreements made between First Nations and the Crown. Starting in 1701, the British Crown signed treaties to build peaceful relationships with Indigenous peoples. In Atlantic Canada, the Mi’kmaq entered into the Peace and Friendship Treaties, which focused on peace, trade, and mutual respect. These treaties did not involve giving up Mi’kmaq lands. Treaty rights are also protected under section 35 of the Constitution Act, 1982. Learn more about Peace and Friendship Treaties »
