Carry the Kettle First Nation sues Sask., Ottawa; wants consultation over land development

Carry the Kettle First Nation is suing the federal government and Saskatchewan over development that infringes on their members' treaty right to hunt and gather.

Carry the Kettle First Nation (CTK), about100km east of Regina, filed the lawsuit in late December.

"When we first signed treaties in 1877... there was an obligation there by the federal government that we would maintain our way of life," said Chief Elsie Jack.

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"The federal government has not kept their end of the deal, as well as the provincial government," she said.

Chief Carry the Kettle and Chief Man Who Took the Coat, both brothers, as well as Chief Long Lodge, signed adhesion to Treaty 4 in 1877 on behalf of their tribes, which are now known as Carry the Kettle First Nation.

Under the treaty, Carry the Kettle and his descendants were promised rights to maintain their way of life, which included the right to hunt, fish, trap and gather.

Jack said she wants people of theprovince and the rest of Canada to understand the legal obligations that pertain to treaty within the scope of the National Resources Transfer Agreement (NRTA).

TheNRTAwas signed in 1930 and provided the provinces of Manitoba, Saskatchewan and Alberta jurisdiction over Crown lands and natural resources inthe parcel of land purchased from the Hudson's Bay Company in 1870.

The Province of Saskatchewan is namedin the lawsuit because of theNRTA.

No land for hunting

According to JFK Law, the firm representing CTK's case, no land exists for hunting on traditional territory related to the reserve.

"These promises that were made induced Carry the Kettle to sign into treaty with Canada," said Estella White, a lawyer with JFKLaw.

"Saskatchewan has authorized so much development that [members of] Carry the Kettle can't actually exercise those rights and it's actually impractical to do so."

White saidthe reserve is surrounded by farmland and members ofCTKhave to travel great distances to exercise their treaty right to hunt.

According to White,few cases like it have gone to court in Canada.

Injunction sought

CTK is seeking an injunction that would prevent Canada and Saskatchewanfrom authorizing more development on their traditional territorybefore they address issues raised by the reserve.

White saidthat historically Carry the Kettle's traditional territory extended beyond the borders of Saskatchewan, but in the context of the lawsuit the term traditional territory isreferring only to the southern parts of the province of Saskatchewan.

CTK is requesting a declaration that will force the governments to consult the First Nation before any new development on Carry the Kettle's traditional territory.The lawsuit is also asking Canada and Saskatchewan to work with CTK to restore and secure the meaningful exercise of CTK's treaty rights now and into the future.

White saidthat although the reserve is also seeking financial compensation due to damages for failure to uphold treaty rights, money is not the motivator.

The provincial government said in an email it hasrecently received the First Nation's Statement of Claim. It said it will review the allegations and prepare a Statement of Defence.