Cumberland House Cree Nation says the provincial government is not protecting the Saskatchewan River system, and now it’s time to take the province to court.
Lawyers for the First Nation in northeastern Saskatchewan filed a statement of claim Tuesday in Saskatoon Court of King’s Bench, alleging the government has failed to uphold its treaty obligations. It names the government of Saskatchewan as the defendant.
For generations, the people of Cumberland House Cree Nation have depended on the Saskatchewan River delta, the largest freshwater river delta in North America, stretching 9,700 square kilometres from northeast Saskatchewan into western Manitoba, the lawsuit says.
But government-approved activities upstream — such as dams, irrigation and industrial and urban uses — have dramatically reduced the amount of water that reaches the delta, continually degrading the ecosystem, the lawsuit says.
That has affected the ability of the people there to exercise their treaty rights to maintain their way of life, Cumberland House Cree Nation Chief Rene Chaboyer said at a Tuesday news conference in Saskatoon.
“We feel that our hand is being forced to … move forward into the court of law to seek justice, and today’s a very important day in the history of our community, our province, in our country.”
He and other community members spoke about how the delta has changed over their lifetimes: the water is no longer safe to drink, species of fish have disappeared, moose are migrating elsewhere, birds are changing their migration patterns and muskrats are hard to find, they said.
“Back in the day, it was healthy.… Nowadays it’s scary,” Chaboyer said.
Treaty 5 covers an area of about 260,000 square kilometres in parts of what are now Ontario, Manitoba and Saskatchewan. It was signed in 1875, with the ancestors of Cumberland House signing on in 1876.
The inhabitants agreed to share their land with the newcomers in exchange for promises, including that Cumberland House would be free to continue to hunt, fish, trap and harvest in the treaty territory, the lawsuit says.
“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,” Tim Dickson, the First Nation’s lawyer, said at Tuesday’s news conference.
“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.”
WATCH | Massive Saskatchewan irrigation plan threatens wildlife, opponents say:
Massive Saskatchewan irrigation plan threatens wildlife, opponents say
The Saskatchewan River delta is the First Nation’s homeland and “essential” to their culture and identity, Dickson said.
When asked for comment, a Saskatchewan government spokesperson said the statement of claim had not yet been served on the province “and, therefore, we will not be commenting on it.”
Activities upstream — including hydroelectric dams, water diversion and withdrawal of water for irrigation, industrial uses and drinking water — have starved the delta of its vital sediment and polluted the water, Cumberland House is arguing in its lawsuit.
The proposed construction of the $1.15-billion Lake Diefenbaker irrigation megaproject, which the government has committed to beginning this year, is also seen as “a very serious threat,” Dickson said.
Cumberland House has tried to engage with the province on the project, but “there has been very little engagement from the government,” Dickson said.
Instead, residents have watched as, year after year, the delta degrades.
The loss of the delta would be felt not just by the people who live there, but by everyone, said Cumberland House Cree Nation Coun. Beverly Goulet.
At the end of Tuesday’s news conference, she responded to a question asked earlier by a journalist about how much compensation the community was seeking.
“Instead of worrying about money, because we certainly can’t take it with us when we pass … remember the children,” Goulet said.
“That’s who we want to protect, because we’ve done enough damage to this planet. Like, what are they going to have? What have we done?
“So, let’s all think about that.”
