The Applicant, Kikino Metis Settlement, applied, pursuant to the Metis Settlement Act, RSA 2000, c M-14 (“MSA”) and Rule 14.5(1)(f), for permission to appeal questions of law arising from an Order by the Metis Settlement Appeal Tribunal which set aside a membership decision by the Kikino Metis Settlement Council (the “Council”). The Court noted that, to be granted permission to appeal, the MSA requires that the Applicant’s question must be a question of law or jurisdiction. Further, the resolution of the question must be of sufficient importance to the Metis community.

The Court of Appeal considered Rule 14.5 and the MSA, and held that the issues on appeal, regarding whether the Council validly exercised its jurisdiction in denying membership, were questions of law and of sufficient importance to the Metis community. As such, permission to appeal was granted.