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November 25, 2005 Supreme Court of Canada Decision confirms Treaty Rights must be respected by federal government
AFN National Chief Phil Fontaine welcomed the Supreme Court of Canada ruling that the federal government failed in its duty to properly consult the northern Alberta Mikisew Cree First Nation on plans to build a winter road along reserve land. The AFN had participated as an intervenor in the case. The National Chief stated that he was pleased to have been able to support the Mikisew Cree First Nation in its defence of its rights, including presenting additional arguments in support of its position. "Our efforts in the Supreme Court -- in support of the treaty rights of members -- is an important part of our role, and we are very pleased with the positive result of today's decision." “This is yet another confirmation that the federal government must be more responsive and respectful of First Nations Treaty Rights,” said National Chief Fontaine. “First Nations signed Treaties with the Crown in the good faith that we had entered into agreements that would benefit our peoples for generations to come. Instead, we have had to continually fight for our basic rights such as hunting, fishing, mining, and lumbering on our own land. This case involved the tension between two aspects of the historic treaties: one that allows the Crown to "take up land" for settlement, another that assures First Nations the ongoing right to hunt, fish and trap in their traditional territories. The Supreme Court has insisted that the Crown must act in an honourable manner so as to reconcile the interests of all concerned. It must consult with the affected First Nations, and it must make reasonable accommodations in its planned activity as a result of those consultations. The Court further makes it clear that some "taking up" of land may be so extensive or serious in its impact that it will satisfy very demanding tests of justification before it will be permitted. First Nations look forward to a future in which the "taking up of land" by the Crown will involve vigorous and respectful consultations which seem to find common interests, such as preserving the environment, protecting traditional ways of life, and promoting economic growth and activity. There will be many opportunities for economic and environmental partnerships, and financial compensation for First Nations will often be an appropriate part of the overall plan of reconciliation. “This reinforces our position that First Nations will only succeed socially and economically when there is effective implementation of Treaties, self-government, and land claims, said National Chief Fontaine.” “If we cannot control our own direction and destiny, then many First Nations will continue to manage their own poverty,” commented the National Chief. “Our 10-Year Challenge to eradicate poverty, which has been endorsed by the Premiers, will only succeed when First Nations Treaty Rights are fully implemented.”
The Assembly of First Nations is the national organization representing First Nations citizens in Canada. Contacts: Bryan Hendry, AFN Health and Social Communications Officer Don Kelly, AFN Communications Director Ian McLeod, AFN Bilingual Communications Officer Nancy Pine, Communications Advisor, Office of the National Chief |
