SK - Buffalo River Dene Nation Loses Bid To Halt Oilsands

[Oscar]

Sask. court rules against Dene oilsands challenge

[ http://globalnews.ca/news/1919369/sask- ... challenge/ ]

April 2, 2015 4:50 pm Updated: April 3, 2015 9:22 am By Staff The Canadian Press

REGINA – The Saskatchewan Court of Appeal has upheld a ruling against a First Nation that wants to halt oilsands exploration on what it calls its traditional territory. Last year a Court of Queen’s Bench judge ruled against the Buffalo River Dene Nation’s challenge of exploration permits issued to Scott Land and Lease.

The First Nation had argued the permits were a violation of treaty rights and the policy of duty to consult was ignored.

At the time, the judge in the case ruled there is no duty to consult for exploration permits.

The Buffalo River Dene then filed an appeal.

In a ruling released Thursday Justice J. A. Caldwell dismissed the court action.

“Buffalo River Dene Nation’s assertion that the Crown’s duty to consult has been triggered here, chiefly because of the possibility of impact on the rights of its members under Treaty 10, amounts to no more than speculation at this juncture,” he wrote.

“I would find the Crown’s duty to consult has not been triggered in this case at this time.”

The province has said the permits grant the company exclusive rights for exploration, but do not permit access to land or excavation.

The First Nation is in a remote area of boreal forest in northwestern Saskatchewan.

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Saskatchewan judge rules oilsands exploration on First Nation is legal
[ http://globalnews.ca/news/1202795/saska ... -is-legal/ ]

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Buffalo River Dene Nation Loses Bid To Halt Oilsands Exploration

[ http://www.huffingtonpost.ca/2014/03/11 ... 45943.html ]

CP | By The Canadian Press Posted: 03/11/2014 11:03 pm EDT Updated: 05/11/2014 5:59 am EDT

DILLON, Sask. - A Court of Queen's Bench Justice has ruled against the Buffalo River Dene Nation in its attempt to halt oilsands exploration on what the band calls its traditional territory.

The legal action was launched last summer after two exploration permits were issued to Scott Land and Lease.

The First Nation believes granting the permits was a violation of treaty rights and says the policy of duty to consult was ignored.

But Justice Grant M. Currie has ruled the issuing of exploration permits does not "engage the duty to consult."

The province says the permits grant the company exclusive rights for exploration, but do not permit access to land or excavation.

It is not known if the First Nation will appeal the decision.

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Buffalo River Dene Nation worried about oilsands exploration

[ http://www.cbc.ca/news/canada/saskatoon ... -1.2425292 ]

First Nation takes province to court over 'duty to consult'

CBC News Posted: Nov 13, 2013 11:47 AM CT| Last Updated: Nov 13, 2013 11:47 AM CT

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QUOTE: " 'That's our front and back door. That's our yard.' -- Buffalo River Chief Lance Byhette"

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A northern Saskatchewan First Nation has taken the province to court over "duty to consult" issues.

The Buffalo River Dene Nation said the provincial government should have held discussions before it opened exploration licenses to an Alberta-based company last year.

Scott Land and Lease bought exploration rights to two thousand square kilometres of land near the First Nation in December 2012.

Buffalo River said many of its people use the land for hunting and cultural ceremonies.

"That's our front and back door," said Buffalo River Chief Lance Byhette. "That's our yard. That's what it boils down to, and we want to preserve and continue to teach our children about nature, how to protect it."

First Nation not consulted

The lawyer representing the First Nation said it wants the court to stop the company from doing any exploratory work until consultation has taken place.

"We're saying that the government did not uphold its honour and engage in a consultation process before making decisions that had the potential to affect their treaty rights," said lawyer Allisun Rana.

The government is arguing it only needs to consult First Nations if the resource project "has significant momentum."

Justice Grant Currie has reserved his decision.

The Buffalo River First Nation is 550 kilometres north-west of Saskatoon.