Treaty 5 chiefs say Manitoba is failing to live up to its duty to consult on resource projects

When Black River Chief Sheldon Kent went to gather traditional heart and anxiety medicines near Lac du Bonnet, he discovered a cottage on a spot where he learned to pick plants with his grandfather as a child.

Kent says the experience a few years ago was unsettling because the medicine is supposed to be picked from uninhabited land and called it an example of a failure to consult First Nations.

"There was a cottage owner there that said to me, 'What are you doing? This is private property,' and I told that individual, 'You know, I've been coming here for years and years, there was no cottages here before, and I come and harvest medicines.'"

Governments in Canada have a constitutional duty to consult in a meaningful way with Indigenous communities when any proposed provincial law, regulation, decision or action may infringe upon or adversely affect the exercise of a treaty.

But some chiefs of Treaty 5 nations say they are not being properly consulted by government and resource and mineral companies that are using land for mining, lithium and diamond exploration.

"We're not against resource development, but what we want is the government and resource sectors to engage our communities in a fair and equitable manner so that communities that have been using the traditional lands since time immemorial are given a fair share of what should be given to them," said Fisher River Cree Nation Chief David Crate.

Treaty 5 includes more than half a dozen First Nations in Ontario and Saskatchewan along with almost half of the First Nations in Manitoba.

Moose disappear after mining 

Crate said peat mining near his community in recent years has had a devastating impact on land and wildlife in the area.

"They basically destroyed moose habitat on that side of Lake Winnipeg. So there's no moose now in the area and ... that's part of our livelihood. The ability to harvest animals to provide food for the community members."

Crate said the community wasn't properly consulted before a number of companies started mining the land for peat moss.

"We should have had an opportunity to bring in our own experts, such as biologists, marine biologists, to be able to bring forward the issues."

Kent is concerned a proposed bill before the Manitoba Legislature would restrict First Nations' ability to protest against resource companies on Treaty 5 lands, which he estimated totals over 90 million acres.

Bill 57 would prevent protesters from entering areas deemed critical infrastructure protection zones and allow individual fines of $5,000 and 30 days in jail.

'Extensive engagement' done: province

It has sparked opposition from Indigenous groups, farmers and the NDP, who say it infringes on the right to freedom of expression and assembly.

Miranda Dube, a press secretary for Minister of Indigenous and Northern Relations Eileen Clarke said there was "extensive engagement" with Indigenous communities to inform improvements on the province's duty to consult framework.

"Our government remains committed to establishing a renewed framework for respectful and productive Crown consultations with Indigenous communities," she said, adding duty to consult staff have been asked to reach out to Treaty 5 nations to talk about the initiatives.

Kent said going forward he wants engagement sessions with developers and the province.

"Our hopes are to have a true dialogue with the governments to include us in these discussions because we are human beings as well. And we want to improve the lives of our people."