FSIN to explore legal action against Sask. government changes to trespassing laws
FSIN says amendments to trespass laws are unconstitutional, violate treaty rights
The Federation of Sovereign Indigenous Nations (FSIN) is looking into the possibility of launching legal action against the government after amendments to trespassing laws passed a third reading in the Legislature on Wednesday.
Those who wish to use someone else's land need to get permission from the landowner beforehand, according to a news release issued on Wednesday about the changes.
FSIN Chief Bobby Cameron didn't rule out the possibility of legal action against the provincial government over the amendments.
"It's unconstitutional, it's not First Nations friendly and it goes against their own legislation, the 1930 Resources Transfer agreement," Cameron said at a press conference on Thursday.
He said the 1930 agreement gives the FSIN legal grounds to challenge the amendments in court.
Cameron noted that the FSIN has twice defeated the provincial government in court over trespassing and the government's appeal at the Supreme Court of Canada level wasn't heard.
He said numbered treaty agreements clearly spell out that Indigenous people can live their way of life and live off the lands. Cameron said the new amendments, which require everyone to ask for permission before using lands that were passed on Wednesday, are clear violations of those treaty rights.
"This is going to end up in Supreme Court," Cameron said. "We are prepared to go the distance as we've proved time and again."
He said the FSIN is waiting for a mandate to come from the chiefs-in-assembly meeting, which will happen in about a week and a half. He said the majority of Saskatchewan chiefs already have thrown their support behind the FSIN on this matter.
Cameron called for "serious amendments" to the changes to the trespassing law and noted his organization has also been in contact with the Saskatchewan Wildlife Federation to sort out some of the details.
App might not work: Cameron
The government and the Saskatchewan Association of Rural Municipalities (SARM) are working with Innovation Saskatchewan to develop an app that could connect landowners and land users.
Cameron said he's not sure if it will work or not.
"I don't know if it's actually going to help. For some it will, for some it won't." Cameron said.
He said that if he tried to reach out to a land owner through the app, and that landowner recognizes him as an Indigneous man, they could simply choose to not answer the request.