The Peter Ballantyne Cree Nation will appeal a Court of Queen’s Bench ruling, striking down its claim that 600 acres of flooded land south of Reindeer Lake near Southend was never reserve land.
In late December the court found the land surveyed in 1929 was flawed and that the land was not actually designated as reserve before being transferred to the province a year later.
Yet the First Nation argued that the survey, a federal Order-in-Council in the 1980’s and having the land part of Treaty Land Entitlement negotiations in the 1990’s as proof that the disputed land was intended as reserve.
For 15 years Peter Ballantyne has been in a legal battle with SaskPower.
Chief Peter Beatty says the appeal is needed, given if the decision were to stand, would have devastating effects in the Treaty Land Entitlement process and the validity of future land agreements.
The appeal is expected to be filed later this month.