The Peter Ballantyne Cree Nation has once again decided to challenge the provincial government and SaskPower in an ongoing legal battle over flooded land in northern Saskatchewan.
PBCN is seeking damages for alleged “continuous trespass” on reserve land caused by the Whitesand Dam near Southend.
Last month, a judge gave the green light for the defendants to argue in a court of law that the 600 acres in question may indeed not be reserve land at all.
However, the First Nation is now appealing the judge’s decision.
Chief Peter Beatty says the province has long considered the area reserve land and it is too late to start arguing differently.
“Our lawyer did contact me and he said I don’t think this is following what the law says, we should be appealing it, and I said, ‘Well, if that’s the case, then let’s appeal it.’”
The province and SaskPower are trying to argue the area became Crown land under the Northern Resources Transfer Agreement of 1930.
However, Beatty says this argument holds no legal validity.
“The whole reserve, all 10,400 acres, was set aside in the 1929 survey by the federal surveyor at the time. They have the documents of that.”
The Peter Ballantyne Chief also says the province again recognized the area in question as reserve land in the 1990’s under the Treaty Land Entitlement Framework.
An appellate court will hear the appeal next Wednesday.
(PHOTO: Peter Ballantyne Cree Nation Chief Peter A. Beatty. Photo courtesy of www.pagc.sk.ca.)