Notice to the Government of Saskatchewan on Duty to Consult
July 26th, 2024
Standing Buffalo Dakota Nation (SBDFN) has formally placed the Government of Saskatchewan on notice regarding impending legal action related to the Duty to Consult. This action is grounded in the constitutional recognition of SBDFN's inherent rights and title, as affirmed by Section 35 of the Constitution Act, 1982, and reinforced by recent developments and legal precedents.
On July 15, 2024, the Honourable Gary Anandasangaree, Minister of Crown-Indigenous Relations, issued a formal apology on behalf of the Government of Canada to the Dakota and Lakota First Nations, including SBDFN. This apology repudiated past denials of our rights and status and officially recognized SBDFN as Aboriginal peoples of Canada with constitutionally protected rights. This recognition is aligned with our inherent rights, title, and jurisdiction over our unceded Dakota territories.
Despite these acknowledgements, the Government of Saskatchewan's engagement and policies continue to fall short of meaningful consultation and accommodation, as required by law. This failure has prompted SBDFN to issue a Notice to Industry on July 18, 2024, emphasizing the necessity of obtaining our free, prior, and informed consent before commencing or continuing any projects that may adversely impact our rights.
In particular, SBDFN has highlighted concerns over the proposed Seven Stars Energy Project. We have made it clear that no approval of this project should proceed without thorough consultation with SBDFN to secure our consent, in compliance with our rights and the rulings of the Supreme Court of Canada in Haida (2004) and Tsilhqot'in Nation v. British Columbia (2014).
The recent formal apology from the Government of Canada requires the Government of Saskatchewan to review and adapt its First Nation and Métis Consultation Policy Framework to reflect SBDFN's claims to Aboriginal Title and our inherent jurisdiction. Until Saskatchewan engages in the spirit of reconciliation and recognizes our allyship relationship, meaningful tripartite negotiations with the federal and provincial governments cannot move forward.
SBDFN remains open to discussions and urges the Province of Saskatchewan to engage with us in recognizing the Dakota and Lakota peoples of Canada as sovereign nations entitled to consultation under the Constitution Act, 1982. We stand firm in our commitment to enforce our rights and ensure that our voices are heard and respected in all matters impacting our communities and territories.
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