Pasqua First Nation takes federal, provincial government to court
- EFN Staff | June 25, 2014
Chief and Council of the Pasqua First Nation has filed a statement of claim in federal court against Canada and Saskatchewan.
The statement of claim was filed on June 17 and was filed for "their failure to properly implement the Saskatchewan Treaty Land Entitlement Agreement and the Pasqua First Nation Treaty Land Entitlement Settlement Agreement," the band said a release.
"The Pasqua First Nation seeks, among other things, damages and declarations that Canada and Saskatchewan hav breached their constitutional duties, breached their equitable and fiduciary duties, and ahve not upheld the honour of the Crown," said Chief M. Todd Peigan.
In 2008, the Parties reached a Settlement Agreement to resolve the outstanding Treaty Land Entitlement of over 6,600 acres of the First Nation under Treaty 4. The Agreement provided that Pasqua First Nation would be entitled to purchase lands to be set apart as reserve lands and that Saskatchewan would make Crown land available for sale.
Pasqua First Nation claims that Saskatchewan has failed to make any Crown lands or minerals available for purchase by the Pasqua First Nation. Furthermore, the Province of Saskatchewan has created barriers to settlement by permitting new third party interests and taking up land for lease and/or sale without consultation with Pasqua First Nation: "The Government of Saskatchewan has altogether exercised its discretion without regard to the priority of settling its long outstanding Treaty Land Entitlement to the detriment of Pasqua First Nation."