The Federation of Sovereign Indigenous Chief Bobby Cameron says the organization is undertaking a legal review of the Trespass to Property Act legislation tabled in the Legislature Tuesday for a possible legal challenge.
“These changes to trespass laws were introduced with no consultation with First Nations even though they have the potential to undermine our Treaty and Inherent Rights,” says Cameron. “We are currently undertaking a legal review of the legislative changes and we will be looking at legal options to challenge any laws which undermine our Treaty Rights.”
Justice Minister Don Morgan says the intent of the legislation is to require hunters and others looking to access private land to get permission first.
Yet Cameron says this will create problems as First Nations may not grant permission to access reserve land.
“The government needs to understand that this is going to cause a big headache for them and us. We have First Nations lands and roads where non-First Nations use as access. So, you mean to tell me that every farmer, rancher and agriculturist will have to phone Chief and Council every single time to come on to our lands? That’s cumbersome. That’s going to cause too many headaches. My goodness, there’s a better way of doing business,” Cameron stated.
Morgan says he wants to meet with Cameron and First Nations to discuss the legislation, not wanting to see First Nations retaliate with added permission requests.
“Somebody delivering groceries to a merchant on reserve, or a school bus accessing from off reserve, this isn’t something that’s a realistic or practical alternative. The practical alternative is to sit down and say ok most hunters in our province seek consent before they go on land. That’s a well-regarded practice,” Morgan explained.
Cameron was critical of the government’s online consultation survey suggesting the overall response of approximately 1600 was too small.
Morgan maintains that the duty to consult was not triggered as the legislation does not affect protected rights, a concern of the FSIN.
“The Treaty Right to hunt, fish, trap and gather is a constitutionally protected right which has been affirmed by the courts in cases like the recent Pierone decision” says FSIN Vice Chief Heather Bear. “With these legislative changes, it appears that the province is trying to find a way to circumvent what the courts have said and we cannot allow that to happen.”
Cameron says the legislation as is, has the potential for tragedy. “This leaves the door open to many altercations. It leaves the door open for a potential killing in the making. Who is going to be the blame there? Who is going to take the fall? If the provincial government is going to pass legislation on this, then they should be held liable.”