Muskoday Taking On Province On Two Fronts

Muskoday Taking On Province On Two Fronts

Thursday, June 10, 2010 at 15:30

 

 

The battle between the provincial government and the Muskoday First Nation over a Treaty Land Entitlement claim continues.

 

Today, Muskoday’s lawyer, Ron Cherkewich, told the FSIN legislative assembly in Regina that the province has filed its statement of defence.

 

Cherkewich says the government’s response is “astounding”, because it refers to the Natural Resources Transfer Agreement and the province’s obligations under it in the past tense.

 

He also says the province unilaterally imposed changes to the TLE agreement.

 

Muskoday says it notified the province in February of 2007 that it intended to select and acquire lands and minerals from its traditional lands at Fort a la Corne, but the province rejected that claim.

 

Now, the band is seeking punitive damages, as well as an admission that the province failed to act in good faith concernting the band’s TLE claim.

 

The Muskoday First Nation is also pursuing legal action against the province when it comes to tobacco.

 

Muskoday Chief Austin Bear says his reserve is going after the province over its legislation that would limit on-reserve tobacco purchases as of July 1st.

 

Today, the chiefs-in-assembly also passed a resolution calling for a broader tobacco litigation strategy.

 

The chiefs say the legislation is unconstitutional, arguing the province does not have jurisdiction on reserves based on First Nations treaty rights.

 

For now, Muskoday says it will cover its own legal costs until funds from the FSIN’s Treaty Protection Fund can be accessed.