Onion Lake Cree Nation sues provincial government over Saskatchewan First Act

Onion Lake Cree Nation (OLCN) is spearheadinglegal action against the provincial government, arguing the Saskatchewan First Act, which was passed in March, violates treaty rights andderogates the treaty relationship.

Saskatchewan has stated that the act defends the province's economic autonomy and jurisdiction over its natural resources from "federal overreach." However, Indigenous leadershaveopposed the act'sintention and say it was formed without meaningful consultation.

"Our treaties are the law of the land," said OkimawChiefHenry Lewis, representingOLCN,which has about 7,000 registered band members and straddles the Saskatchewan-Alberta border onTreaty 6 Territory.

"We remind Saskatchewan Premier [Scott] Moe that no province has the authority to unilaterally change their treaty relationship,which the Saskatchewan First Act will do by ignoring our sovereign jurisdiction,"Chief Lewissaidat a press conference in Saskatoon on Thursday.

Indigenous leadersincluding representatives of the Meadow Lake Tribal Council and the Federation of Sovereign Indigenous Nations,which represents 74 First Nations in Saskatchewan,were at the press conferenceto show support for the legal action.

The act, which was introduced in November,states that the province has "exclusive legislative jurisdiction" over the exploration for non-renewable natural resources, the development, conservation and management of non-renewable natural and forestry resources and sites involving electrical energy projects.

OLCN filed its statement of claim in court onThursday as a "response and a challenge to Saskatchewan's purported exclusive legislative jurisdiction," Michael Marchen, the lawyerrepresenting the nation said.

Government says it will defend act in court

"It's Onion Lake's hope that upon commencing this litigation that the Saskatchewan government is prepared to have a much more careful second look at this law, the way the law is drafted, the actual constitutional effects of this law and to sit down and meaningfully engage with Onion Lake on it."

A government spokesperson said in an emailed statement that the province isconfidentthe act is constitutionally sound and is"prepared to defend the act in the case of any legal challenge."

The act "asserts the exclusive jurisdiction of Saskatchewan over laws with respect to matters set out in sections 92 and 92A," the statement said. "It does not restrict or limit existing First Nations or Metis rights. Section 35 of the Constitution Act, 1982, recognizes the existing Aboriginal and treaty rights of First Nations and Metis people in Canada."

If the government is unwilling to repeal the act and engage with Indigenous people, OLCN wants the court to strike it down.

OLCN is arguing that by definition the act excludes First Nations people, and that the provinceis assertingcontrol "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 the treaty with the Crown."

It infringes upon treaty rights to pursue traditional ceremonies, hunting, fishing and trapping, and it negates the guarantees of livelihood and freedom that the treaty was made to protect, according to the claim.

Furthermore, it says the act was enactedwithout input, consultation or consideration of OLCN's concerns, contrary to the spirit of the treaty and in violation Article 19 of the United Nations Declaration on the Rights of Indigenous Peoples.

Chief Lewis said OLCNand other Indigenous people expressed concerns to the government numerous times as the bill moved through the legislative process, butdid not receive a meaningful response.

The provincial government has failed to uphold its duty to consult, said Betty Nippi-Albright, who is the Opposition critic for First Nations and Mtis Relations. She said there needs to be ongoing conversations and the willingness to makechanges based on feedback.

"It's sitting down and saying:'Here's the changes we want to make, how is this going to potentially impact you in a negative way and what are your concerns? And how can we address these concerns together?'" she said.

"It does not mean having a one-off meeting with one or two people. It does not mean an invite to a website to give your input. It does not mean sending off emails or registered letters."

Marchen said now that they have filed their claim with the court,they have six months to serve the papers directly to theprovincial government. After that, Saskatchewan will have to file a statement of defence.