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Minister of Justice defends Sask. First Act, says it doesn’t challenge treaties

Eyre said the act will prevent economic harm to Saskatchewan, claiming that economic success in the province is despite federal policies that she says cause economic harm in only some regions of the country – Jan 13, 2023

Minister of Justice Bronwyn Eyre spoke at the Saskatoon Chamber of Commerce Thursday, going into deeper detail about the Saskatchewan First Act, and addressing First Nations concerns.

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“It’s not about gratuitous fed bashing,” Eyre said.

Eyre explained under the constitution there is exclusive jurisdiction for both the provincial and the federal government in certain areas.

“It’s about being an honourable partner, and being treated as an honourable partner by the federal government when it comes to protecting that exclusive jurisdiction.”

According to the province’s website, the act amends the constitution of Saskatchewan to “clearly confirm Saskatchewan’s sovereign autonomy and asserts Saskatchewan’s exclusive legislative jurisdiction under the Constitution of Canada over a number of areas.”

It added that this includes the exploration of non-renewable natural resources, the development, conservation and management of non-renewable natural and forestry resources, and the operation of sites that generate electricity.

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Eyre says the act will hold up legally in court, and isn’t a violation of duty to consult with First Nations, adding that it doesn’t challenge treaties.

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“What I’m telling our First Nations partners is that the federal government, the energy minister, the Prime Minister, they have acknowledged that the provinces have exclusive jurisdiction over these areas.”

Back on Dec. 16, the Federation of Sovereign Indigenous Nations (FSIN) held a meeting with at least 30 chiefs in attendance, denouncing the Saskatchewan First Act and the provincial government’s “continual infringement on First Nations’ inherent and treaty rights.”

Chief Teddy Clark, Clearwater River Dene Nation, said First Nations need to write their own policies.

Clark said he’s pro-development, adding that the industry’s success on First Nations land needs to be based on First Nation’s success.

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Chief Evan Taypotat from Kahkewistahaw First Nation said the only way to get the Saskatchewan government to listen is to hit them in their bottom line.

And Regional Chief Bobby Cameron said they would take action in order to be heard, “When all else fails, we will blockade.”

Eyre said if First Nations disagree with the fundamental division of powers within the Constitution, it would be a substantial feat to get a constitutional amendment.

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“The fact that the provinces have exclusive jurisdiction over natural resources is not our language, it’s the language of the Constitution.”

Eyre said the act will prevent economic harm to Saskatchewan, claiming that economic success in the province is despite federal policies that she says cause economic harm in only some regions of the country.

“We’re tired of the double standard, we’re tired of the condescension, and frankly, the contempt.”

Eyre said she spoke with the FSIN, noting that she hoped they got the point. She said she was confident that it won’t come down to blockades.

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