The Federation of Sovereign Indigenous Nations has announced plans to sue the federal and provincial governments over legislation chiefs say infringes on treaty rights.
Chief Bobby Cameron says the statement of claim will be a constitutional challenge against the Saskatchewan First Act, passed by the provincial government last year, and the Natural Resources Transfer Agreement between the Prairie province and Ottawa.
The Act, introduced last fall, confirms the province’s autonomy and jurisdiction over its natural resources, and puts it on a legal collision course with First Nations, who have inherent rights through treaties to govern themselves and a special relationship to their land and resources.
The Sask. First Act “asserts its exclusive legislative jurisdiction under the Constitution of Canada, and in particular, those matters listed in Sections 92 and 92A of the Constitution Act, 1867.”
“First Nations (in Saskatchewan) have always maintained that they did not relinquish, cede nor surrender rights to natural resources at the time of Treaty negotiations,” FSIN added in a statement when the act passed in March.
Cameron was joined by chiefs from across Saskatchewan, as well as Alberta and Manitoba, and says Indigenous people are entitled to resource-revenue sharing.
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Cowessess First Nation Chief Erica Beaudin says the federal resource agreements were wrongfully and illegally passed in the 1930s and Indigenous leaders have no choice but to use the courts.
She says they must make sure any resource extraction is done in a respectful manner.
The federation represents 74 First Nations in Saskatchewan.
Alberta passed similar legislation last December after amending a provision that granted Premier Danielle Smith’s cabinet the power to bypass the legislature and rewrite laws as it saw fit.
With files from the Canadian Press