On June 22, 2017, Fort McKay First Nation (“FMFN”) filed a Notice of Question of Constitutional Law (the “Notice”) pursuant to the Administrative Procedures and Jurisdiction Act (“APJA”).
In this decision, the AER panel determined that it could not consider the questions or refer them to court because:
(a) FMFN did not satisfy the notice requirements of the APJA; and
(b) FMFN did not raise questions of constitutional law that fell within the AER’s jurisdiction.