Sask. premier's white paper ignores Indigenous resource rights, say First Nations leader, academic

Saskatchewan Premier Scott Moe's omission of First Nations' rights in a white paper and accompanying speech about resource jurisdiction this week was legally and morally wrong, critics say.

"We just celebrated, on Sept. 30, Every Child Matters, Orange Shirt Day. [But] what's reconciliation when they keep excluding First Nations people?" Federation of Sovereign Indigenous Nations Chief Bobby Cameron said in an interview.

Earlier this week, Moe released a paper entitled Drawing the Line: Defending Saskatchewan's Economic Autonomy during an event for a North Battleford business crowd, saying it was "a reassertion of our autonomy, constitutional rights and the powers over natural resources granted to us under the Constitution is in order."

Moe made no mention of First Nations rights or history when he released the paper. Moe's omissions are a "direct threat to First Nations inherent and Treaty rights as recognized and affirmed by Section 35 of the Constitution," stated an FSIN news release.

Moe's claim that Saskatchewan's economy could lose $111 billion by 2035 under current and planned federal policies has been questioned by economists. One economist called the paper's fiscal analysis "incredibly weak."

Moe said he's ready to battle the federal government in court for control over resource policy if necessary.

But Cameron and University of Saskatchewan assistant professor Kathy Walker say that could backfire. The Supreme Court of Canada and lower courts have consistently recognized the rights of First Nations and expanded the duty of other governments to consult and accommodate Indigenous communities, they said.

Walker said Moe should have known this. Given the legal and historical precedent, it was "really surprising" Moe failed to even mention First Nations in the paper or his speech, she said.

"The larger issue of Indigenous inherent and treaty rights has to be taken into consideration. There's just, there's no getting around that," Walker said.

Indigenous leaders such as former Assembly of First Nations Chief Perry Bellegarde have often said the treaties did not cede mineral rights, noting the Treaty 4 reference to share land to the "depth of a plow."

There's also the controversial 1930 Natural Resources Transfer Agreement. The federal government transferred control over resources to the provincial government, but First Nations were shut out of any meaningful involvement, Cameron said.

Walker noted the Saskatchewan government also has policies recognizing the legal "duty to consult" First Nations.

Moe may wish he had exclusive control, but that doesn't make it true, Walker said. The days of federal and provincial governments trampling Indigenous rights are over, she said.

"That era is gone. It no longer exists," she said.

Moe was asked by reporters Wednesday about the omission. He said he and fellow MLAs speak frequently with people of all backgrounds.

"We talked to many Indigenous people across the province. We talked to many people across the province that weren't Indigenous as well," Moe said.