First Nation sues province for failing to protect the Cumberland House delta
On Tuesday the First Nation, situated in the marshy forest in northcentral Saskatchewan near the Manitoba border, filed a lawsuit against the province for infringing its constitutionally protected Treaty rights to maintain its way of life.
'In Treaty No. 5, CHCN's ancestors agreed to share the lands and waters of its territory with settlers. In exchange, the Crown promised that CHCN would be able to continue to hunt, fish and trap, and maintain its way of life,' the First Nation said in a news release Tuesday.
'The Saskatchewan River Delta is a place of outstanding ecological importance. It has historically been a wetland of astonishing productivity, providing habitat for vast populations of migratory birds, furbearing animals and fish.'
Now, the First Nation says the vital wetland is in 'ecological crisis' and drying up because of industrial and agricultural activities upstream — including hydroelectric dams, irrigation and fertilizer-intensive farming. It says animal and fish populations have plummeted, and the water is no longer safe to drink.
'For far too long the Province of Saskatchewan has disregarded the Delta and our rights,' Cumberland House Cree Nation Chief Rene Chaboyer said in the release.
'Cumberland House Cree Nation is suing the province for approving and supporting these industries 'without any credible plan for managing their cumulative impacts on the delta.'
An environmental consultant working with Cumberland House says the delta provides an irreplaceable service to the broader climate.
'The continued degradation of the Delta due to a lack of responsible management would result in the loss of one of Canada's largest carbon sinks and irreversible impacts upon wildlife populations,' said Aaron Kuchirka, founder of Climate Smart Services.
This is not the first time Cumberland House Cree Nation has sued to protect the delta.
In 2023, it sued the provincial Water Security Agency and SaskPower after it renewed the licence for two upstream hydroelectric facilities nearby, the E.B. Campbell Dam and the Nipawin Dam.
In those cases, and later in a 2024 appeal, the First Nation argued the two Crowns failed to meet their duty to consult when SaskPower's licences were renewed for the two dams.
The claims were later dismissed.
It remains to be seen what a King's Bench judge will make of the current case, which is broader in scope.
Cumberland House Cree Nation is located about 450 kilometres northeast of Saskatoon, adjacent to the Northern Village of Cumberland House, the oldest community in Saskatchewan and one with historic ties to the fur trade and the Hudson's Bay Company.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Globe and Mail
19 minutes ago
- Globe and Mail
Northern Ontario communities propose widening sections of Trans-Canada Highway
Northern Ontario communities are looking to have sections of the Trans-Canada Highway widened as part of Prime Minister Mark Carney's push to support nation-building infrastructure projects under Bill C-5. The proposal from the Federation of Northern Ontario Municipalities, which represents communities in the northeastern part of the province, has backing from the Northwestern Ontario Municipal Association and the Association of Municipalities of Ontario, which wrote a letter in support last week to federal and provincial transportation ministers. FONOM's two-phase proposal, presented in a letter and briefing note to Mr. Carney and Premier Doug Ford last month, concerns provincially owned Highways 11 and 17, which run across northern Ontario but are a part of the federal Trans-Canada network. Currently, almost all sections of those highways between the Manitoba border and Renfrew, Ont., are two lane, according to the note. However, two-lane passages are widely considered a safety concern. When collisions occur and force closures, it impedes the flow of all forms of traffic. The briefing, citing 2013-2017 data from Statistics Canada, notes that there is as much transport traffic on Highway 11 and 17 as there is on the Highway 401 corridor, but 'it is forced to spread over narrower, less safe roads.' FONOM is proposing a 2+1 design, which involves the construction of a third lane for passing. This lane alternates between either direction of traffic roughly every three to five kilometres, and includes a centre median, preventing unsafe passing. This design is common in countries such as Germany and Sweden. FONOM President Danny Whalen said he has not yet received a reply from Mr. Carney. What federal Bill C-5, the One Canadian Economy Act, is all about Association of Municipalities of Ontario President Robin Jones said in an interview that the proposal is 'brilliant' and said it is 'not near as expensive as twinning, but provides the benefits of twinning,' which is when a parallel route is constructed. The first phase looks to construct a 2+1 design on Highway 11 segments from North Bay to Cochrane, as well as on Highway 17 from Renfrew to Sudbury. The second phase would see the configuration extended from Cochrane to Nipigon on Highway 11; from Thunder Bay to Kenora on Highway 11 and 17; as well as on Highway 17 from Sault Ste. Marie to Sudbury. Mr. Whalen said he did not have a cost estimate for the project. However, a February op-ed from Northern Policy Institute, a Thunder Bay-based independent think tank, said it has been estimated that the cost of twinning an existing two-lane highway is about $3-million per kilometre. Turning that same road into a 2+1 configuration would cost between $500,000 and $1.5-million for the same distance, the op-ed argued. Mr. Whalen said that there are many economic projects that both levels of government are looking at in Northern Ontario, such as critical mineral development, 'but you can't do that without safe highways.' Bill C-5, which contains the Building Canada Act, allows the federal cabinet to deem projects to be of national interest and exempt them from various laws to speed up approvals and construction. Cabinet will consider the extent to which a project would strengthen Canada's autonomy, provide economic benefits, have a high likelihood of successful execution, advance the interests of Indigenous Peoples and contribute to clean growth and meeting the country's climate commitments. Senate passes Carney's signature bill to fast-track major projects Mr. Whalen said the proposal would benefit the many Indigenous communities that use the highways. The briefing note also notes the 2+1 design would have a smaller environmental footprint compared to full twinning. Mr. Carney has said that examples of nation-building projects could include highways. The Liberals also promised in their election platform to build infrastructure that connects communities, which could include the twinning of the Trans-Canada Highway. Bill C-5's major projects office is expected to be operational by Labour Day, when it can start accepting proposals. 'As the selection of national interest projects will be discussed with provinces, territories, and Indigenous Peoples, it would not be appropriate for the Government of Canada to comment on individual projects that may or may not be considered under the Building Canada Act process at this time,' said Privy Council Office spokesperson Pierre Cuguen in an e-mailed statement when asked about the proposals for Highways 11 and 17. Mr. Ford's office said it could not comment on how the federal government intends to use Bill C-5. Spokesperson Hannah Jensen said the government is currently consulting with Indigenous communities on 'special economic zones' that would be created under its similar law, Bill 5. She said the Ontario government is spending $616-million on northern roads, bridges, and highways, including the twinning of Highways 11 and 17 between Thunder Bay and Nipigon, where more than 50 per cent of that corridor has been widened to four lanes. Ms. Jensen added the province has started the process of widening Highway 11 from North Bay to Temiskaming Shores, and announced it will extend a 2+1 section on Highway 11 another 220 kilometres from Temiskaming Shores to Cochrane. This follows a pilot project for a 2+1 portion of highway in the North Bay area that is expected to begin in 2026.
Globe and Mail
an hour ago
- Globe and Mail
Quebec engineering body finds former SNC-Lavalin CEO guilty on multiple counts of misconduct
Former SNC-Lavalin Group chief executive Jacques Lamarre has been found guilty of seven of 14 allegations of misconduct made against him by Quebec's professional order for engineers. Last fall, the disciplinary council of L'Ordre des ingénieurs du Québec began several days of hearings to decide whether Mr. Lamarre infringed the organization's code of ethics and professional duties in the early 2000s when he was CEO of SNC-Lavalin, now known as AtkinsRéalis Group Inc. ATRL-T These hearings followed an investigation by the Ordre's Office of the Syndic, which then launched a formal complaint against the former engineering executive. AtkinsRéalis eyeing U.S. market for nuclear technology push The Syndic made 14 separate allegations against Mr. Lamarre as part of its disciplinary complaint, which are related to previous legal cases involving the company. The allegations link broadly to SNC-Lavalin's past business conduct as it sought contracts in Libya, as well as past political financing activities in Montreal. Among the findings of guilt, L'Ordre concluded that SNC-Lavalin under Mr. Lamarre's leadership directly or indirectly made payments amounting to about $2-million to the family of former Libyan leader Moammar Gadhafi, notably for expenses incurred by his son Saadi while he stayed in Canada. Mr. Lamarre was found not guilty on allegations that he sanctioned the purchase of a luxury yacht for Saadi. The former CEO last year denied the Syndic's allegations. Reached late Tuesday, he declined to comment on the final rulings. In early 2012, Swiss and Canadian police discovered questionable payments from SNC-Lavalin that ran through bank accounts in Switzerland and other countries. These payments were later found to be bribes to procure contracts for projects in Libya during Moammar Gadhafi's rule, as SNC-Lavalin sought a share of contracts offered by his government. In 2015, SNC-Lavalin and two affiliates were charged with fraud and violating Canada's Corruption of Foreign Public Officials Act tied to its dealings in Libya. The company requested a settlement to the case, commonly known as a deferred prosecution agreement, but was denied. SNC-Lavalin solidified an agreement with prosecutors in 2019 for the company's construction division to plead guilty to a single charge of fraud while the corruption charge was dropped. The company agreed to pay a $280-million fine and received a three-year probation order. In 2016, the company acknowledged that it engaged in a scheme that involved SNC-Lavalin employees being encouraged to donate to federal political parties and then be reimbursed through fake personal-expense claims, bonuses or benefits. Canadian law states that businesses cannot make financial contributions to political parties irrespective of candidates. The company later entered into a compliance agreement with the Commissioner of Canada Elections. SNC-Lavalin also admitted that it used a similar strategy for donations to Quebec political parties. No penalties for Mr. Lamarre were announced by L'Ordre, though it said it will set a date for sanctions. He could be revoked of his status as a professional engineer, or face fines.
Globe and Mail
an hour ago
- Globe and Mail
MEG Energy's hostile bidder says government support for rival offer would be unfair subsidy
The hostile bidder for MEG Energy Corp. MEG-T believes any rival offer that includes government support, such as loan guarantees, for Indigenous partners would amount to an unfair subsidy rarely seen in Canadian private-sector auctions. 'Any Indigenous purchase funded through a government backstop would be a direct subsidy to the private-sector partner,' Adam Waterous, executive chairman of Strathcona Resources Ltd. SCR-T, told The Globe and Mail in a statement Tuesday. He was responding to a Bloomberg News report that Cenovus Energy Inc. CVE-T is in talks with two Alberta First Nations to jointly launch an offer for MEG that could be backed by financial support from federal and provincial governments. MEG Energy could attract higher offers in wake of Strathcona's $5.9-billion bid, analysts say Opinion: China's 'big catcher's mitt' for Canadian oil helps MEG spurn Strathcona Mr. Waterous launched a hostile bid for MEG in May, but the oil sands producer rejected the overture and launched a strategic review to solicit any rival offers. On Tuesday, MEG's shares climbed 2 per cent after Bloomberg's report. The report, citing people familiar with the discussions, identified Chipewyan Prairie First Nation and Heart Lake First Nation as potential bidders alongside Cenovus. Prime Minister Mark Carney has put Indigenous participation among the list of criteria for 'nation-building' projects his government wants built to juice the Canadian economy amid the trade war with the United States. However, the government has not discussed this initiative in the context of an active corporate takeover campaign. As a rival bidder for MEG, Mr. Waterous has a natural opposition to government support for another bid that could lower the cost of financing the takeover. However, he is in a unique position because Strathcona is also MEG's second-largest shareholder with a 9.2-per-cent stake. If the rival bid topped Strathcona's own purchase price for MEG, Strathcona would benefit as a shareholder. But Mr. Waterous believes government support could set a dangerous new precedent. 'Canadian governments historically have not been in the business of using taxpayer money to provide multibillion-dollar subsidies to $45-billion-size enterprises on a one-off basis in the middle of a competitive process,' he said. (Cenovus alone has a $37-billion market value, and combining with MEG would boost that figure.) 'That behaviour might happen in Venezuela or Russia but historically has not happened in Canada,' he added. 'As a result, we would be highly surprised if there is any truth to this report. In our experience, when the government does provide financing to the private sector there is a robust, formal and open process to ensure taxpayers and other private market participants are treated fairly.' Officials with Cenovus, Chipewyan Prairie First Nation, Heart Lake First Nation and MEG Energy did not respond to requests for comment. Potentially complicating matters are board positions held by two directors with ties to Alberta Indigenous Opportunities Corp., a provincial agency that provides financial guarantees for First Nations and Métis communities to participate in the natural-resources and other industrial sectors. AIOC chief executive officer Chana Martineau joined Cenovus's board of directors in May, while Gary Bosgoed, the agency's vice-chair, has been a director of MEG Energy since 2022. Officials with AIOC were not immediately available for comment. Strathcona announced its unsolicited cash-and-stock offer for MEG on May 15, saying the two oil sands-producing entities are highly complementary in geography, operations, reserve-life indexes and profit margins. MEG Energy's board has urged its investors to reject the offer, saying it undervalues the company. MEG's board has said its own search for strategic alternatives could yield a higher offer. Despite Mr. Waterous's opposition, there are recent examples of federal and provincial backstops used to help Indigenous groups finance acquisitions of major projects, and more are expected as companies seek expansions of key infrastructure. In May, Stonlasec8 Indigenous Alliance Limited Partnership, a consortium of 36 First Nations, secured a $400-million federal guarantee to finance its purchase of a minority interest in Enbridge Inc.'s ENB-T British Columbia natural-gas pipeline network. The guarantee was the first such deal under Ottawa's $10-billion program aimed at securing more Indigenous participation in major industrial projects. In recent months, Cenovus CEO Jon McKenzie has said he is focused on organic growth, and the company has gotten into trouble before over adding too much debt after promising investors it would fix its balance sheet. However, multiple reports have named Cenovus as a potential bidder for MEG. Despite the cost, Cenovus is the producer most capable of generating solid synergies in any takeover because its operations are near MEG's in the Christina Lake region.
