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CBC
10-06-2025
- Politics
- CBC
Lawsuit accuses province of failing to protect Saskatchewan River delta, violating treaty obligations
Social Sharing Cumberland House Cree Nation says the provincial government is not protecting the Saskatchewan River system, and now it's time to take the province to court. Lawyers for the First Nation in northeastern Saskatchewan filed a statement of claim Tuesday in Saskatoon Court of King's Bench, alleging the government has failed to uphold its treaty obligations. It names the government of Saskatchewan as the defendant. For generations, the people of Cumberland House Cree Nation have depended on the Saskatchewan River delta, the largest freshwater river delta in North America, stretching 9,700 square kilometres from northeast Saskatchewan into western Manitoba, the lawsuit says. But government-approved activities upstream — such as dams, irrigation and industrial and urban uses — have dramatically reduced the amount of water that reaches the delta, continually degrading the ecosystem, the lawsuit says. That has affected the ability of the people there to exercise their treaty rights to maintain their way of life, Cumberland House Cree Nation Chief Rene Chaboyer said at a Tuesday news conference in Saskatoon. "We feel that our hand is being forced to … move forward into the court of law to seek justice, and today's a very important day in the history of our community, our province, in our country." He and other community members spoke about how the delta has changed over their lifetimes: the water is no longer safe to drink, species of fish have disappeared, moose are migrating elsewhere, birds are changing their migration patterns and muskrats are hard to find, they said. "Back in the day, it was healthy.… Nowadays it's scary," Chaboyer said. Treaty rights Treaty 5 covers an area of about 260,000 square kilometres in parts of what are now Ontario, Manitoba and Saskatchewan. It was signed in 1875, with the ancestors of Cumberland House signing on in 1876. The inhabitants agreed to share their land with the newcomers in exchange for promises, including that Cumberland House would be free to continue to hunt, fish, trap and harvest in the treaty territory, the lawsuit says. "The treaties are what allowed the newcomers to come and settle in Saskatchewan, and the treaties were only made because of that promise that Cumberland House Cree Nation could continue to maintain its way of life," Tim Dickson, the First Nation's lawyer, said at Tuesday's news conference. "That treaty promise is part of the foundation of Canada and of Canadian law. It's protected by the Canadian Constitution and it's enforceable in court." WATCH | Massive Saskatchewan irrigation plan threatens wildlife, opponents say: Massive Saskatchewan irrigation plan threatens wildlife, opponents say 10 months ago Duration 1:55 First Nations and environmental groups warn Saskatchewan's $4 billion farm irrigation plan threatens the diverse ecosystem of the Saskatchewan River Delta — North America's largest inland river delta. The Saskatchewan River delta is the First Nation's homeland and "essential" to their culture and identity, Dickson said. CBC News has reached out to the Saskatchewan government for its response to the lawsuit. Ongoing degradation Activities upstream — including hydroelectric dams, water diversion and withdrawal of water for irrigation, industrial uses and drinking water — have starved the delta of its vital sediment and polluted the water, Cumberland House is arguing in its lawsuit. The proposed construction of the $1.15-billion Lake Diefenbaker irrigation megaproject, which the government has committed to beginning this year, is also seen as "a very serious threat," Dickson said. Cumberland House has tried to engage with the province on the project, but "there has been very little engagement from the government," Dickson said. Instead, residents have watched as, year after year, the delta degrades. The loss of the delta would be felt not just by the people who live there, but by everyone, said Cumberland House Cree Nation Coun. Beverly Goulet. At the end of Tuesday's news conference, she responded to a question asked earlier by a journalist about how much compensation the community was seeking. "Instead of worrying about money, because we certainly can't take it with us when we pass … remember the children," Goulet said. "That's who we want to protect, because we've done enough damage to this planet. Like, what are they going to have? What have we done? "So, let's all think about that."
CTV News
10-06-2025
- Politics
- CTV News
First Nation sues province for failing to protect the Cumberland House delta
Cumberland House Cree Nation (CHCN) is suing the Saskatchewan government for failing to protect its most vital resource: the Saskatchewan River Delta, North America's largest inland 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.
Yahoo
10-06-2025
- General
- Yahoo
Lawsuit accuses province of failing to protect Saskatchewan River delta, violating treaty obligations
Cumberland House Cree Nation says the provincial government is not protecting the Saskatchewan River system, and now it's time to take the province to court. Lawyers for the First Nation in northeastern Saskatchewan filed a statement of claim Tuesday in Saskatoon Court of King's Bench, alleging the government has failed to uphold its treaty obligations. It names the government of Saskatchewan as the defendant. For generations, the people of Cumberland House Cree Nation have depended on the Saskatchewan River delta, the largest freshwater river delta in North America, stretching 9,700 square kilometres from northeast Saskatchewan into western Manitoba, the lawsuit says. But government-approved activities upstream — such as dams, irrigation and industrial and urban uses — have dramatically reduced the amount of water that reaches the delta, continually degrading the ecosystem, the lawsuit says. That has affected the ability of the people there to exercise their treaty rights to maintain their way of life, Cumberland House Cree Nation Chief Rene Chaboyer said at a Tuesday news conference in Saskatoon. "We feel that our hand is being forced to … move forward into the court of law to seek justice, and today's a very important day in the history of our community, our province, in our country." He and other community members spoke about how the delta has changed over their lifetimes: the water is no longer safe to drink, species of fish have disappeared, moose are migrating elsewhere, birds are changing their migration patterns and muskrats are hard to find, they said. "Back in the day, it was healthy.… Nowadays it's scary," Chaboyer said. Treaty 5 covers an area of about 260,000 square kilometres in parts of what are now Ontario, Manitoba and Saskatchewan. It was signed in 1875, with the ancestors of Cumberland House signing on in 1876. The inhabitants agreed to share their land with the newcomers in exchange for promises, including that Cumberland House would be free to continue to hunt, fish, trap and harvest in the treaty territory, the lawsuit says. "The treaties are what allowed the newcomers to come and settle in Saskatchewan, and the treaties were only made because of that promise that Cumberland House Cree Nation could continue to maintain its way of life," Tim Dickson, the First Nation's lawyer, said at Tuesday's news conference. "That treaty promise is part of the foundation of Canada and of Canadian law. It's protected by the Canadian Constitution and it's enforceable in court." WATCH | Massive Saskatchewan irrigation plan threatens wildlife, opponents say: The Saskatchewan River delta is the First Nation's homeland and "essential" to their culture and identity, Dickson said. CBC News has reached out to the Saskatchewan government for its response to the lawsuit. Activities upstream — including hydroelectric dams, water diversion and withdrawal of water for irrigation, industrial uses and drinking water — have starved the delta of its vital sediment and polluted the water, Cumberland House is arguing in its lawsuit. The proposed construction of the $1.15-billion Lake Diefenbaker irrigation megaproject, which the government has committed to beginning this year, is also seen as "a very serious threat," Dickson said. Cumberland House has tried to engage with the province on the project, but "there has been very little engagement from the government," Dickson said. Instead, residents have watched as, year after year, the delta degrades. The loss of the delta would be felt not just by the people who live there, but by everyone, said Cumberland House Cree Nation Coun. Beverly Goulet. At the end of Tuesday's news conference, she responded to a question asked earlier by a journalist about how much compensation the community was seeking. "Instead of worrying about money, because we certainly can't take it with us when we pass … remember the children," Goulet said. "That's who we want to protect, because we've done enough damage to this planet. Like, what are they going to have? What have we done? "So, let's all think about that."
