Peter Ballantyne Cree Nation wins partial victory on flooding lawsuit

Saskatchewan's highest court has awarded a partial victory to a First Nation suing over a hydroelectric dam builtdecades agothat caused flooding on a northern reserve.

Peter BallantyneCreeNation sued Ottawa, Saskatchewan andSaskPower,saying thatup to 600 acres of itsSouthendreserve, located 460 kilometres northeast of Prince Albert,is regularly flooded.

It also sued two third parties Hudson Bay Mining Co. and Churchill River Power Corp.

Under Treaty 6, the reserveland was to be used by members of the First Nation for hunting, fishing and trapping.

However, thanks to the Whitesand Dam built in 1943 and the flooding it caused, thoserights havebeen infringed upon, Peter Ballantyne says.

Saskatchewan, SaskPower trespassed, appeal court says

A lower court court judge dismissed the claim saying, among other things, that too much time had passedand when Peter Ballantyneappealed, there was a mixed result.

In a decision released this week, the Saskatchewan Court of Appeal agreed to dismiss the lawsuitwith respect to the federal government and the third parties.

The appeal with respect to the claim for the continuing tort of trespass againstSaskatchewan andSaskPoweris allowed.- Appeal court JusticeMauriceHerauf

However, it also said the claim against the Saskatchewan government and SaskPower was valid in the sense thatthey continue to trespass on First Nations territory.

"The appeal with respect to the claim for the continuing tort of trespass against Saskatchewan and SaskPower is allowed," said Justice Maurice Herauf in an 84-pagedecision that justices Ralph Ottenbreit and Peter Whitmore concurred with.

"Having determined that the Cree Nation has a claim in continuing trespass against Saskatchewan and SaskPower, the matter is returned to the Court ofQueen's Bench."

The lower courtis directedto lookat damages, but also to consider SaskPower's arguments that it acted with the permission of the First Nation, the appeal court said.