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NDP stages Day of Action over Duty to Consult

Daily Leg Update - Leader Beck, Critic Nippi-Albright joined by several First Nations leaders
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NDP Leader Carla Beck stands with critic Betty Nippi-Albright and First Nations leaders for their Day of Action on the Duty to Consult issue.

REGINA - The opposition New Democrats have called a provincial Day of Action on the issue of the duty to consult.

Opposition Leader Carla Beck as well as First Nations and Metis Relations Critic Betty Nippi-Albright held a news conference at the Legislature Monday, in which they called for the government to overhaul the consultation process. They were joined by leaders from a number of First Nations including from Anishinabe Nation Treaty Authority Nation, Cote Cree Nation, and Kawacatoose First Nation.

This was in advance of Nippi-Albright's expected tabling of Bill 610: The Meaningful Duty to Consult Act in the Legislature on Monday afternoon. 

At their news conference Monday morning, the Opposition made clear they thought the Sask Party government’s response on Duty to Consult wasn’t enough.

“The consultation process on Duty to Consult simply falls short,” said Beck. “It doesn’t go far enough. This government is choosing to update broken policy instead of enshrining it in law. That is not reconciliation. It’s a continued pattern of disrespect by this provincial government that has gone on far too long.”

Nippi-Albright said the Sask Party government’s policy is “a decade old and has no teeth. Because it’s a policy and not legislation, the government doesn’t have to follow it. This government doesn’t follow its own policies. It’s all lip service and nice gestures with Scott Moe’s government. And indigenous leaders have had enough.”

She pointed to instances as the province’s White Paper to protect provincial jurisdiction over natural resources, which was presented “without any consultation with First Nations people.”

Chief Lee-Anne Kehler of Kawacatoose First Nation said her First Nation had a “very big interest” in the potash belt beneath them and was concerned about development along highway 15.

“The lack of duty to consult is very troubling to Kawacatoose First Nation,” said Kehler.

Chief George Cote of Cote First Nation said their treaties have been “dishonoured.”

“We hear that the provincial government is taking full control of all resources in Saskatchewan and we want to know if this includes our First Nations communities,” said Cote. 

He also pointed to the sale of Crown lands as well as the trespassing law, which “has an impact on our treaty right to hunt, fish, gather and trap.”

“You see the solidarity here today,” said Councillor Devin Bernatchez of Lac La Ronge Indian Band.

“What we see from this provincial government’s duty to consult is that it’s a facade,” he said, calling it “not a duty to consult, it’s a duty to insult, because it insults the treaty relationship that we have here today."

Bernarchez said they “hear a lot of window dressing about an era of reconciliation from this government, and then they go and slap us in the face with a White Paper without even consulting us,” he said. “So it seems to me that they want to put us to sleep, but as you can see we aren’t sleeping anymore. People are waking up.”

Government responds

In Question Period Monday afternoon, the Opposition grilled the government on whether they would "recognize that the duty to consult system is broken," in the words of Opposition Leader Beck, and commit to an overhaul.

In response, Minister of Government Relations Don McMorris pointed to work that was already ongoing.

"Mr. Speaker as I answered on Thursday of last week, the Duty to Consult policy framework has been in place for 12 years, Mr. Speaker. It is time that we as a government felt that we should review that. That's why consultation has been going on, engagement with First Nations communities, but not only First Nations communities, Mr. Speaker -- with industry, with other local governments. To date Mr. Speaker there have been over 100 meetings conducted with over 200 individuals having presentations at those meetings, Mr. Speaker. We met with the Saskatchewan Mining Association, the Canadian Association of Petroleum Producers, Mr. Speaker, Cameco, SUMA, SARM, and a number of First Nations, Mr. Speaker. We've been up to Cowessess, for example, met with a couple of different tribal councils. That engagement is being conducted as we speak over the past four months, we'll be reporting out into the future, Mr. Speaker."

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