The Saskatchewan Court of Appeal has dismissed an application from the Buffalo River Dene Nation in its attempts to halt oil sands exploration on Treaty 10 lands.
The First Nation says the Ministry of Energy failed in its duty to consult when it granted exploration permits to Scott Lease and Land.
The trial judge ruled the exploration permits did not “engage the duty to consult.”
The appeal court agreed the Crown’s duty to consult was not engaged because the possible impact on the rights of the members of the First Nation were “no more than speculation.”
In a unanimous ruling, the appeal court justices said the permits were for subsurface exploration and would not harm the surface rights for Treaty 10 members, including hunting, trapping and fishing.
Buffalo River leaders have yet to be reached for comment.
During the appeal the First Nation said the ministry was not committing to their duty to consult when they sold exploration rights to a land company.