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Court cannot rule on matters of international concern when it comes to the Treaty No. 10 Buffalo River Dene Nation

Author

Compiled by Debora Steel

Volume

32

Issue

1

Year

2014

“Justice Grant M. Currie and his court cannot rule on matters of international concern when it comes to the Treaty No. 10 Buffalo River Dene Nation traditional territory” said Chief Lance Byhette. 
His comment was in response to a March 12 decision in the Court of Queen’s Bench regarding exploration and consultation. Justice Currie handed down the opinion that the issuing of permits by Scott Land and Lease was a legal process that did not require the company nor the province to engage the “Duty to Consult” with the Buffalo River people. Chief Byhette had taken legal measures and filed court documents outlining the issues at dispute with the issuing of permits for oil sands exploration in the Buffalo River Traditional Treaty No. 10 territory. “The people of the Buffalo River Dene Nation have historically used the lands in question for traditional ceremonial and cultural practices, for hunting, trapping and gathering purposes all within the scope of our Treaty. The occupation, safeguarding and use of the land has always been the Dene Nation’s responsibility, duty and jurisdiction. Why should that change now?” asked the chief in a press release. “The ruling in our opinion lacks the demonstrated findings and recommended processes found within international opinion and standards of international law, international treaty law and the United Nations Declaration on the Rights of Indigenous Peoples. Chief Byhette and his council are correct in their stand against exploration and extractive industries when staking out lands and issuing permits in their traditional treaty territory without the consent of the Dene people being gained,” said Wes George, an Indigenous Peoples Rights Specialist. “As Indigenous peoples we come from the land, we are connected to Mother Earth. The Buffalo River Dene people as such have a responsibility, obligation and spiritual connection to protect the lands our people walk on. Exploration leads to extraction and contamination of our Mother Earth. The Buffalo River Dene people are concerned for the assault on their lands, culture and way of life,” said Vice Chief Kimberly Jonathan of the Federation of Saskatchewan Indian Nations in support of the Buffalo River Dene Nation and people.