The New Democrats are concerned that the Provincial Capital Commission has not consulted with Indigenous leadership in redeveloping Wascana Park bylaws.
MLA Betty Nippi-Albright has written to the Chair of the PCC today imploring him to reconsider releasing the bylaws, expected on March 11, until Indigenous consultation is conducted.
“As you are no doubt aware, the reason the PCC has been forced to create new bylaws is due to a failure on behalf of the PCC to allow Saskatchewanians to demonstrate on the West Lawn, specifically allowing First Nations to demonstrate in a way that respects our customs and traditions,” wrote Nippi-Albright to PCC Chair J. Greg Miller.
Last September, Court of Queen’s Bench Justice Graham Mitchell ruled the bylaws unconstitutional.
Northerner Tristen Durocher walked from Air Ronge to Regina in July to protest high suicide rates in the North and what he claimed was a disregard by the province to take youth suicide seriously.
“I conclude further that the impugned Bylaws do not qualify as reasonable limitations upon those rights as they clothe the Wascana Centre Authority and its delegate with unfettered and absolute authority to grant a permit to public lands, and provide no exception or accommodation for constitutionally protected political and spiritual expression of the kind at issue in this case,” Justice Mitchell ruled September 11, 2020.
Mitchell allowed Durocher to finish his 44-day fast, unburdened by the authorities.
In 2018, the province was successful in court in removing a similar teepee camp erected on West Lawn, protesting Indigenous child welfare.
The government claimed that Durocher, just like in 2018 was trespassing and violated several bylaws.
“What I find truly remarkable is how this government can be told the bylaws they were enforcing on the legislature grounds were unconstitutional and then not consult with any Indigenous partners on their redevelopment,” said Nippi-Albright.
The province declined to appeal Mitchell’s ruling and accepted a six-month deadline to redevelop the bylaws.
A Ministry of Government Relations spokesperson is not denying the NDP allegations, but said Justice officials reviewed the September ruling to ensure that Rights and Freedoms are protected in the Park.
“The review was carried out in collaboration with the Ministry of Justice’s Constitutional Law branch to ensure rights and privileges of all Saskatchewan residents, including Indigenous peoples, captured within Canada’s Charter of Rights and Freedoms are respected and protected while in Wascana Centre,” said a spokesperson.
“As a result of the review, bylaws have been adjusted to comply with the Justice’s order and will be reviewed by the PCC’s Board of Directors before they are finalized.”
(Photo: Tristen Durocher arriving at the Legislature in July.)