Law requires First Nations to be consulted

Page 7

In the ongoing, public debate between environmentalists and the province over the issue of wilderness protection and the designation of certain Crown lands as 'Special Places', an important but powerful voice has so far remained unheard.

The voice does not belong to those in the forestry, oil or gas industries, who handsomely profit from 'developing' the natural resources of our lands. And the voice does not belong to those in the recreation or tourism industries, who also profit from our lands but in a different manner.

Our voice has remained unheard because none of these parties has chosen to listen nor seek our thoughts on the best uses of our lands.

But our voice will be heard, and it will be heard loudly.

Long before there was a province of Alberta or its oil and gas heritage, long before the first tree-hugger or Nature-nut refashioned himself into an environmentalist, there were the Cree, the Stoney and the Blackfoot, and the Sarcee, the Dene and the Dakota. There were also the Saulteaux, my own people, and together our traditional lands comprised most of what is now called the Prairie provinces.

While we signed treaties with the Crown and agreed to share our lands with the wave of settlers finding their way into our territories, our traditional rights to our traditional lands remained unaffected.

And when the federal government transferred all federal Crown lands to the Prairie provinces under the Natural Resources Transfer Agreements of the early 1930s, our traditional rights remained unaffected, despite our lack of consent or consultation on a matter of central importance to each of our respective treaty First Nations.

The O'Chiese First Nation, my own community, is in the midst of documenting our traditional use of lands in an area that is now being offered to the province as a 'Special Place' by a coalition of outfitters, guides and environmentalists. This area, called Bighorn Country, is said to contain $77.7 million a year worth of tourism and recreation, and is now being touted by the media as the Kananaskis of the North.

The province, which now considers this area as provincial Crown lands, has politely indicated that this request will be seriously considered under its 'Special Places' program.

But again, the pattern of not consulting First Nations about their traditional lands has been blindly repeated. Again, neither this coalition or the province have the right, nor our consent, to make far-reaching decisions regarding these lands without first consulting our First Nation, or the other First Nations that also have traditional lands within this vast expanse of territory.

As a signatory to Treaty 6, the O'Chiese First Nation must be consulted and involved, as a matter of law, in any plans to develop Crown lands that fall within our traditional territories, whether this development be undertaken by those in the forestry, oil and gas industries or those in the industries of recreation or tourism.

Despite the province's past words to the contrary, this law applies to Alberta, as well as to any other groups that would seek to limit, rescind or reduce the legitimate exercise of our treaty rights, rights that have been afforded constitutional protection under Section 35 of the Constitution Act (1982).

The O'Chiese First Nation, however, is not the only First Nation in Alberta that is afforded this legal protection. All First Nations, whether in this province or throughout Canada, are on an equal footing with respect to this matter.

In 1997, the Supreme Court of Canada in its historic Delgamukw decision confirmed that First Nations have a 'bundle of rights' that they can legitimately exercise on Crown lands, and that these rights cannot be impinged or reduced without the consultation or consent of First Nations.

In the case of the proposed 'Special Place' designation of Bighorn Country, the O'Chiese First Nation has strong traditional ties to some of the Crown lands within this area.

Should we continue to e denied a voice in any discussions concerning these lands, the O'Chiese First Nation is more than prepared to take strenuous legal action to prevent this designation from ever being made, even if we must challenge this provincial program itself. We are committed to creating a united front among First Nations to protect our treaty rights and our traditional access and use of Crown lands.

The time has come for our rights to be respected. The time has come for our voice to be heard. This proposed area should instead be called the Little Bighorn of the North.