Cumberland House Cree Nation is taking the provincial government to court over the Saskatchewan River Delta.
The Cree Nation alleges the province has not fulfilled its treaty obligations to protect the river Delta, held within Treaty 5.
The statement of claim, filed in Saskatoon Tuesday morning, asserts the wetland in the northeast is drying up because of industrial, agricultural, and urban activities upstream.
Leaders from Cumberland House say Saskatchewan has supported these activities without plans for managing their impacts and they say the results for the Delta are dire.
“For far too long the Province of Saskatchewan has disregarded the Delta and our rights,” said Cumberland House Cree Nation Chief Rene Chaboyer. “We are pursuing this litigation against the province to compel the responsible management of upstream activities. The Delta and our rights are too important to be ignored.”
The statement of Claim was filed on June 10, known as “Delta Day”, a day said to hold great significance for Cumberland House Cree Nation.
The claim was filed by the JFK Law LLP law firm. Tim Dickson, with the law firm, says the statement of claim is rooted in failed treaty obligations.
“The treaties are what allowed the newcomers to come and settle in Saskatchewan, and the treaties were only made because of that promise that Cumberland House Cree Nation could continue to maintain its way of life,” said Dickson. “That treaty promise is part of the foundation of Canada and of Canadian law, it’s protected by the Canadian constitution, and it’s enforceable in court.”
However, the lawyer representing the Cree nation on this matter expects this will not be a quick process.
“This litigation will be long and it will be difficult. It will take years, not months, and the community is willing to see it through.”
Within the 21 page claim, the Cumberland House Cree Nation is seeking certain remedies. These include a declaration that the province failed to protect the river Delta, an injunction on activities degrading the Delta, and compensation for damages.
Dickson says he would expect any compensation to be “large” if they won the suit, but says the statement of claim is about protecting the river Delta.
In the meantime, Chief Rene Chaboyer says this statement of claim has been long overdue.
“I don’t know how much clearer, how much louder, how much more we can stress the significant damage and loss, how much help we’ve been reaching out for… crying, stressing for generations.”
The Saskatchewan Government now has 20 days to file a statement of defence.
(TOP PHOTO: Tim Dickson and Chief Rene Chaboyer speak at an event in Saskatoon. Photo by Joel Willick)