Carry the Kettle taking feds, province to court

First Nation claims treaty rights to traditional practices threatened

Carry the Kettle (CTK) First Nation has launched a legal action against the federal and provincial governments, claiming its members’ treaty rights have been infringed upon.

A statement of claim was filed by the First Nation through Regina Court of Queen’s Bench in late December.

“Fundamentally, there is almost nowhere left where the First Nation has an opportunity to continue its way of life,” said Robert Janes, the lawyer who is representing CTK as lead counsel.

Under Treaty Four, CTK was promised certain rights, including the right to hunt, fish and trap, in accordance with its traditions.

Settlement, agriculture and mining operations have limited the space available to members of the First Nation, Janes said.

However, the case does not pertain to space on CTK’s reserve land, Janes said, but rather Crown land outside of the reserve.

There is no specific metric for how much land is required to facilitate traditional practices.

At its heart, the legal action seeks to bring about a dialogue about how to share traditional CTK land in a manner such that the First Nation “actually has a future,” Janes said.

“Not just pressed onto its reserves and eventually pressed out of existence,” he added.

According to Janes, the tangible goals of the action are to achieve: A nation-to-nation relationship with both levels of government, including input on any legislation that affects traditional practices; a halt to the sale of Crown land and financial compensation.

In an ideal world, Janes said, the outcome of the action will include all three of the aforementioned goals.

The issue of treaty rights has been “brewing ” in the courts since the early 2000s, Janes said. However, this is the first action of its kind to be launched by a First Nation in Saskatchewan.

Similar actions have been launched elsewhere, but no case has yet come to trial, he added.

Janes feels the action has the potential to be successful.

“The courts are really trying to find a way to make the Treaties mean something.”

Chief Elsie Jack, whose name is listed as the plaintiff in the statement of claim, could not be reached for comment before press time.

She previously worked as a liaison between the reserve community and companies with business interests on reserve lands, including pipeline companies.

In that role, she identified that members of CTK have long had to live with decisions made by industry and government before a duty to consult with First Nations was established by Canada’s Supreme Court.

She has noted in the past that one of the challenges her First Nation faces is standing up for its rights and values while still maintaining relationships upon which it depends.