FAKE SOVERIGNTY ACTS
Duty to consult legislation stands slim chance as private member’s bill goes to a vote in Saskatchewan
Story by The Canadian Press • Today
Legal action being taken by the Onion Lake Cree Nation against the provincial government for passing the Saskatchewan First Act underscores why duty to consult legislation is required in the province, says an Opposition member of the legislature (MLA).
“We wouldn’t be hearing of nations taking the provincial government to court had they been consulting in a way that’s meaningful to the nations or to the impacted groups,” said Saskatoon Centre NDP MLA Betty Nippi-Albright.
On Thursday, the Saskatchewan legislature votes on Nippi-Albright’s private member’s bill 610, An Act Respecting the Meaningful Implementation of the Crown’s Duty to Consult in Saskatchewan.
Bill 610 is a retread of Bill 609, which Nippi-Albright introduced last spring, but which died on the order paper in November.
It calls for consultation on all “Crown Conduct,” which is defined as “an action taken by the Crown or which is contemplated by the Crown which may adversely impact Treaty and Inherent Rights.”
Consultation is called upon for the disposition or auctioning of Crown lands, minerals and leases; for changes to regulations, policy or strategic plans; changes that would have an environmental impact on water; and changes to the allocations of quotas or licenses of fish and wildlife for recreational or commercial use, which may later impact the right of access to those resources protected by treaty and inherent rights.
“These court cases that are coming forward because (the government’s) process is flawed, does not work, and it was created from a Eurocentric perspective without input from impacted people in the creation of that policy,” said Nippi-Albright.
Onion Lake Cree Nation filed a statement of claim April 13 calling out Premier Scott Moe’s Saskatchewan Party government for not consulting with them before or during the creation of the Saskatchewan First Act, which received Royal Assent earlier in the month.
The Sask First Act asserts and confirms Saskatchewan’s jurisdiction in a number of areas, including the exploration of non-renewable natural resources, and the development, conservation and management of non-renewable natural and forestry resources.
The Act does not acknowledge that under treaty, the Crown agreed to share the land and resources with Onion Lake Cree Nation and other Indigenous peoples who first made treaty with the Crown, contends the Nation.
Nippi-Albright, alongside the Federation of Sovereign Indigenous Nations and the Meadow Lake Tribal Council, added her support to Onion Lake Cree Nation Chief Henry Lewis.
“When I started on the duty to consult it was to amplify the voices of the communities,” said Nippi-Albright, who is Saulteaux and Cree.
“So I have been working with Onion Lake in helping them amplify their voices when it comes to the lack of duty to consult and the sale of Crown lands and leases that are still occurring.”
Consultation for the Saskatchewan government is guided by a First Nation and Métis policy framework adopted in June 2010.
“Policy…is just a document that says what we will do and what we won’t do, but it has absolutely no teeth. There’s no way of holding the government to account on that,” said Nippi-Albright.
Legislation means accountability, she says.
Nippi-Albright stresses that while her bill legislates duty to consult, it is up to the impacted communities as to how that process will be carried out. Government would not dictate that process.
But for Nippi-Albright’s private member’s bill to pass it means voting can’t take place along party lines. The NDP have only 12 of the 61 seats in the legislature. The Saskatchewan Party holds 45 seats and Saskatchewan United has one.
“This government is really not interested in true reconciliation, and they’re not interested in meaningful consultation. They only are there to allow the nations to let off steam, but the government will stay the course and they’re very focused on what they perceive as the best interests of the citizens of this province,” she said.
Even if the bill fails to get the required votes for first reading, Nippi-Albright says she will keep pushing the issue because legislation is needed.
Nippi-Albright has invited people to attend the legislature Thursday morning when the vote is held. However, a forecast for a major snowstorm in Regina has her doubtful too many people will be able to make the trip.
“I don’t know how many will show up because of the storm (but) when there hasn't been storms that were brewing or coming, we’ve actually had large turnouts at the legislature,” she said.
Windspeaker.com
By Shari Narine, Local Journalism Initiative Reporter
Story by The Canadian Press • Today
Legal action being taken by the Onion Lake Cree Nation against the provincial government for passing the Saskatchewan First Act underscores why duty to consult legislation is required in the province, says an Opposition member of the legislature (MLA).
“We wouldn’t be hearing of nations taking the provincial government to court had they been consulting in a way that’s meaningful to the nations or to the impacted groups,” said Saskatoon Centre NDP MLA Betty Nippi-Albright.
On Thursday, the Saskatchewan legislature votes on Nippi-Albright’s private member’s bill 610, An Act Respecting the Meaningful Implementation of the Crown’s Duty to Consult in Saskatchewan.
Bill 610 is a retread of Bill 609, which Nippi-Albright introduced last spring, but which died on the order paper in November.
It calls for consultation on all “Crown Conduct,” which is defined as “an action taken by the Crown or which is contemplated by the Crown which may adversely impact Treaty and Inherent Rights.”
Consultation is called upon for the disposition or auctioning of Crown lands, minerals and leases; for changes to regulations, policy or strategic plans; changes that would have an environmental impact on water; and changes to the allocations of quotas or licenses of fish and wildlife for recreational or commercial use, which may later impact the right of access to those resources protected by treaty and inherent rights.
“These court cases that are coming forward because (the government’s) process is flawed, does not work, and it was created from a Eurocentric perspective without input from impacted people in the creation of that policy,” said Nippi-Albright.
Onion Lake Cree Nation filed a statement of claim April 13 calling out Premier Scott Moe’s Saskatchewan Party government for not consulting with them before or during the creation of the Saskatchewan First Act, which received Royal Assent earlier in the month.
The Sask First Act asserts and confirms Saskatchewan’s jurisdiction in a number of areas, including the exploration of non-renewable natural resources, and the development, conservation and management of non-renewable natural and forestry resources.
The Act does not acknowledge that under treaty, the Crown agreed to share the land and resources with Onion Lake Cree Nation and other Indigenous peoples who first made treaty with the Crown, contends the Nation.
Nippi-Albright, alongside the Federation of Sovereign Indigenous Nations and the Meadow Lake Tribal Council, added her support to Onion Lake Cree Nation Chief Henry Lewis.
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“When I started on the duty to consult it was to amplify the voices of the communities,” said Nippi-Albright, who is Saulteaux and Cree.
“So I have been working with Onion Lake in helping them amplify their voices when it comes to the lack of duty to consult and the sale of Crown lands and leases that are still occurring.”
Consultation for the Saskatchewan government is guided by a First Nation and Métis policy framework adopted in June 2010.
“Policy…is just a document that says what we will do and what we won’t do, but it has absolutely no teeth. There’s no way of holding the government to account on that,” said Nippi-Albright.
Legislation means accountability, she says.
Nippi-Albright stresses that while her bill legislates duty to consult, it is up to the impacted communities as to how that process will be carried out. Government would not dictate that process.
But for Nippi-Albright’s private member’s bill to pass it means voting can’t take place along party lines. The NDP have only 12 of the 61 seats in the legislature. The Saskatchewan Party holds 45 seats and Saskatchewan United has one.
“This government is really not interested in true reconciliation, and they’re not interested in meaningful consultation. They only are there to allow the nations to let off steam, but the government will stay the course and they’re very focused on what they perceive as the best interests of the citizens of this province,” she said.
Even if the bill fails to get the required votes for first reading, Nippi-Albright says she will keep pushing the issue because legislation is needed.
Nippi-Albright has invited people to attend the legislature Thursday morning when the vote is held. However, a forecast for a major snowstorm in Regina has her doubtful too many people will be able to make the trip.
“I don’t know how many will show up because of the storm (but) when there hasn't been storms that were brewing or coming, we’ve actually had large turnouts at the legislature,” she said.
Windspeaker.com
By Shari Narine, Local Journalism Initiative Reporter
Onion Lake Cree Nation doubles down on legal action to now challenge Sask. First Act
Story by The Canadian Press • Yesterday
Onion Lake Cree Nation filed legal papers in court April 13 challenging the Saskatchewan First Act, which received Royal Assent last week.
“We will not allow Saskatchewan to run roughshod over our treaties, our rights and our jurisdictions, over our lands and resources in the name of advancing (its) economic agenda while putting us aside,” said Onion Lake Okimaw Henry Lewis.
And Onion Lake is not standing alone.
Meadow Lake Tribal Council (MLTC) and the Federation of Sovereign Indigenous Nations (FSIN) have given their full support.
At the heart of the matter, said legal counsel Michael Marchen of Hladun and Co., is a law that asserts and confirms “Saskatchewan’s jurisdiction, but without any acknowledgement whatsoever that, under treaty, the Crown agreed to share the land and resources with Onion Lake Cree Nation and other Indigenous peoples who first made treaty with the Crown.”
Through the Act, Saskatchewan asserts and confirms the province’s exclusive jurisdiction over natural resources, including who can be licensed and where and how exploration can take place.
Since the Sask. First Act was introduced as Bill 88 by Premier Scott Moe’s governing Saskatchewan Party last year, Indigenous nations and organizations have been consistent in demanding time with him to speak about the Bill.
There has been no consultation on the Act from when it was introduced until it received Royal Assent April 6, said Lewis.
Treaties were signed between First Nations and Canada, said Onion Lake Vice Chief Richard Derocher of the MLTC, and not with the province.
“We have the relationship with…Canada, and every time that moves further and further away from us, it takes away our treaties. It makes our treaties a little bit smaller and weaker. And this is what’s happening with the Sask. First Act. The treaty intent is moving further and further and further away from the delegates that signed treaty,” said Derocher.
MLTC had voiced their concerns to Moe, he said. However, instead of receiving a response, three weeks later the Bill was passed and their concerns had not been addressed.
“Anytime we move further from the treaties, we become less as nations,” said Derocher.
Dutch Lerat, second Vice Chief for FSIN, said his organization would continue to fight for rights and treaty holders and ensure they are included in any resource developments.
“We will continue to seek certainty. Everybody wants certainty…We want certainty for our First Nations in terms of inclusion, inclusion of the resources from this province of Saskatchewan within our treaty areas,” said Lerat.
Saskatoon Centre MLA Betty Nippi-Albright stood with the First Nations and lauded Lewis and Onion Lake Cree Nation for being leaders and protecting their inherent and treaty rights.
Consultation must be meaningful, said Nippi-Albright, which means respectful dialogue.
Marchen described Onion Lake’s legal action as “both a response and a challenge to Saskatchewan’s purported exclusive legislative jurisdiction.”
He said the statement of claim lays out how the Saskatchewan First Act infringes upon Onion Lake’s rights to pursue traditional ceremonies, hunting, fishing and trapping and negates the “guarantees of livelihood and freedom.” It also was enacted without input or consultation with or consideration of Onion Lake.
Among the legal arguments Onion Lake is using to challenge Saskatchewan is that the Act is outside the province’s jurisdiction and the Act directly impacts and overlaps lands reserved for Onion Lake Cree Nation.
Onion Lake is asking for the court to declare that the Sask. First Act infringes upon treaty and falls outside of the jurisdiction of Saskatchewan and therefore is not in force. Onion Lake is looking for temporary and permanent injunctions.
Onion Lake Cree Nation, which straddles the Saskatchewan and Alberta border, has also taken legal action against the Alberta United Conservative Party government.
In December, Alberta enacted the Alberta Sovereignty Within a United Canada Act, also without consultation with First Nations. The Sovereignty Act infringes upon the rights guaranteed to Onion Lake Cree Nation through Treaty that was signed with Canada, said the nation in its statement of claim.
At that time, Lewis promised to take legal action against Saskatchewan if it enacted the Sask. First Act.
Windspeaker.com
By Shari Narine, Local Journalism Initiative Reporter
Story by The Canadian Press • Yesterday
Onion Lake Cree Nation filed legal papers in court April 13 challenging the Saskatchewan First Act, which received Royal Assent last week.
“We will not allow Saskatchewan to run roughshod over our treaties, our rights and our jurisdictions, over our lands and resources in the name of advancing (its) economic agenda while putting us aside,” said Onion Lake Okimaw Henry Lewis.
And Onion Lake is not standing alone.
Meadow Lake Tribal Council (MLTC) and the Federation of Sovereign Indigenous Nations (FSIN) have given their full support.
At the heart of the matter, said legal counsel Michael Marchen of Hladun and Co., is a law that asserts and confirms “Saskatchewan’s jurisdiction, but without any acknowledgement whatsoever that, under treaty, the Crown agreed to share the land and resources with Onion Lake Cree Nation and other Indigenous peoples who first made treaty with the Crown.”
Through the Act, Saskatchewan asserts and confirms the province’s exclusive jurisdiction over natural resources, including who can be licensed and where and how exploration can take place.
Since the Sask. First Act was introduced as Bill 88 by Premier Scott Moe’s governing Saskatchewan Party last year, Indigenous nations and organizations have been consistent in demanding time with him to speak about the Bill.
There has been no consultation on the Act from when it was introduced until it received Royal Assent April 6, said Lewis.
Treaties were signed between First Nations and Canada, said Onion Lake Vice Chief Richard Derocher of the MLTC, and not with the province.
“We have the relationship with…Canada, and every time that moves further and further away from us, it takes away our treaties. It makes our treaties a little bit smaller and weaker. And this is what’s happening with the Sask. First Act. The treaty intent is moving further and further and further away from the delegates that signed treaty,” said Derocher.
MLTC had voiced their concerns to Moe, he said. However, instead of receiving a response, three weeks later the Bill was passed and their concerns had not been addressed.
“Anytime we move further from the treaties, we become less as nations,” said Derocher.
Dutch Lerat, second Vice Chief for FSIN, said his organization would continue to fight for rights and treaty holders and ensure they are included in any resource developments.
“We will continue to seek certainty. Everybody wants certainty…We want certainty for our First Nations in terms of inclusion, inclusion of the resources from this province of Saskatchewan within our treaty areas,” said Lerat.
Saskatoon Centre MLA Betty Nippi-Albright stood with the First Nations and lauded Lewis and Onion Lake Cree Nation for being leaders and protecting their inherent and treaty rights.
Consultation must be meaningful, said Nippi-Albright, which means respectful dialogue.
Marchen described Onion Lake’s legal action as “both a response and a challenge to Saskatchewan’s purported exclusive legislative jurisdiction.”
He said the statement of claim lays out how the Saskatchewan First Act infringes upon Onion Lake’s rights to pursue traditional ceremonies, hunting, fishing and trapping and negates the “guarantees of livelihood and freedom.” It also was enacted without input or consultation with or consideration of Onion Lake.
Among the legal arguments Onion Lake is using to challenge Saskatchewan is that the Act is outside the province’s jurisdiction and the Act directly impacts and overlaps lands reserved for Onion Lake Cree Nation.
Onion Lake is asking for the court to declare that the Sask. First Act infringes upon treaty and falls outside of the jurisdiction of Saskatchewan and therefore is not in force. Onion Lake is looking for temporary and permanent injunctions.
Onion Lake Cree Nation, which straddles the Saskatchewan and Alberta border, has also taken legal action against the Alberta United Conservative Party government.
In December, Alberta enacted the Alberta Sovereignty Within a United Canada Act, also without consultation with First Nations. The Sovereignty Act infringes upon the rights guaranteed to Onion Lake Cree Nation through Treaty that was signed with Canada, said the nation in its statement of claim.
At that time, Lewis promised to take legal action against Saskatchewan if it enacted the Sask. First Act.
Windspeaker.com
By Shari Narine, Local Journalism Initiative Reporter
Local Journalism Initiative
Mon, April 17, 2023
Federal Justice Minister David Lametti set off a firestorm among conservative western premiers when he spoke at an Assembly of First Nations meeting last week in Ottawa.
At the meeting, Grand Chief Brian Hardlotte from the Prince Albert Grand Council asked the justice minister to rescind the Natural Resources Transfer Act, which gives Alberta, Manitoba and Saskatchewan jurisdiction over natural resources within their borders.
Lametti told the chiefs he was committed to “looking at” the act, adding: “It won’t be uncontroversial is what I’ll say with a bit of a smile.”
The justice minister’s remarks did not go over well. Days later, the three conservative western premiers — Danielle Smith of Alberta, Scott Moe of Saskatchewan and Heather Stefanson of Manitoba — released a joint statement condemning Lametti’s comments and demanding the prime minister respond.
“The prime minister needs to immediately retract these dangerous and divisive comments by his justice minister,” the statement reads.
On Wednesday, Prime Minister Justin Trudeau shot back, saying Lametti’s marks were about living up to the United Nations Declaration on the Rights of Indigenous Peoples, which Canada has enshrined in law.
“[That's] something that, unfortunately, the Prairie premiers have not taken seriously, and they are instead trying to elevate fears that have absolutely no grounding in truth,” Trudeau said.
Here’s what you need to know about the Natural Resources Transfer Act and why it’s a point of contention for Ottawa, the provinces and Indigenous nations.
The Natural Resources Transfer Act is, in fact, three separate pieces of legislation passed in Ottawa in 1930. The acts handed over the control of natural resources like gold mines, lumber and oil and gas to Manitoba, Saskatchewan and Alberta.
With these three acts, Ottawa gave up its power over Crown land in those provinces, which the federal government had retained since purchasing the Prairies from the Hudson Bay Company in 1870, according to the Canadian Encyclopedia. Manitoba joined Canada in 1870 when the federal government bought the land, while Alberta and Saskatchewan joined in 1905.
Until 1930, the federal government retained its jurisdiction over the land and resources to accomplish the national goal of quickly populating the provinces with settlers.
“This became a popular grievance in the West, where federal control appeared to relegate the provinces to second-class status in Confederation and to result in the subordination of regional concerns to national goals,” according to the Canadian Encyclopedia.
Even today, the tension between the federal government and western provinces remains. Last year, Alberta passed its Alberta Sovereignty act, while the Saskatchewan First Act became law last month.
These laws give the provinces greater power to deem federal policies and initiatives harmful or unconstitutional to the provinces, according to First Peoples Law. The acts also give the provinces ways to fight Ottawa through measures like altering regulations, launching court challenges and issuing directives to provincial organizations to disregard federal legislation.
When Alberta’s version of the law passed, Trudeau said the federal government would not engage in the political fight Alberta was looking for.
Hardlotte’s question at the AFN meeting wasn’t unexpected. Western chiefs have been calling for a renewed discussion around the Natural Resources Transfer Act with increased urgency since the Alberta Sovereignty and Saskatchewan First acts became law.
Last December, the AFN passed an emergency resolution to oppose the two pieces of autonomy legislation seeking to reassert provincial authority over natural resources. The worry is that the provinces will override treaty rights, which remain a matter between the federal government and Indigenous nations.
“It’s unconstitutional; Alberta doesn’t have that right to change laws because we signed treaties with the Crown,” Randy Ermineskin, chief of Ermineskin Cree Nation in Alberta, said in an interview with Canada’s National Observer at the time.
Alberta didn’t exist when treaties were signed, which sets the stage for jurisdictional battles around the transfer acts, Ermineskin added.
Hardlotte echoed the concern last week when speaking to Lametti.
“It affects our treaty right, of course, and with the [Saskatchewan First Act] that we hear about,” he said, “it’s to do with natural resources, Indian natural resources.”
Matteo Cimellaro / Canada’s National Observer / Local Journalism Initiative
Matteo Cimellaro, Local Journalism Initiative Reporter, Canada's National Observer
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