NAN (Treaty 9) to benefit from Supreme Court decision

[Fortifying Treaty Rights]

NAN (Treaty 9) to benefit from Supreme Court decision

THUNDER BAY, ON, Nov. 25, 2005

Nishnawbe Aski Nation (NAN) Grand Chief Stan Beardy is pleased with yesterday's Supreme Court of Canada's ruling that the planned construction of a winter road through Wood Buffalo National Park is an unjustified infringement of the treaty rights of Alberta's Mikisew Cree
Nation.
( http://www.turtleisland.org/discussion/ ... =6358#6358 )

"This decision marks a turning point for the numbered treaties because
the portion of Treaty 8 wording at issue in the Mikisew Cree case is identical to the wording in Treaty 9 - the treaty that applies to the 49 First Nations within Nishnawbe Aski territory," said NAN Grand Chief Stan Beardy. "With this new decision, the province of Ontario will be forced to establish consultation rules that'll assist First Nations within NAN territory dealing with ongoing resource development issues on traditional lands."

Beardy's comments are in response to Thursday's Supreme Court decision
stating the federal government failed to meet its constitutional obligation to
adequately consult with Mikisew in its plans to construct a 118 km road
connecting two park communities - Peace Point, a Mikisew Cree Nation, and Garden River, a settlement of the Little Red River Cree First Nation. The road would have created a 200 metre-wide corridor (23 square km in total) where hunting with firearms would be prohibited.

The Supreme Court concluded Thursday Mikisew's treaty rights in the park
had never been extinguished and were entitled to constitutional protection.
The Court held that Treaty 8, to which Mikisew belongs, explicitly grants
Treaty 8 First Nations the right to continue hunting and trapping as they have always done throughout the tract surrendered in the terms of that treaty.

"Once again the Supreme Court has confirmed the Crown cannot unilaterally defeat treaty rights," said Beardy.

For further information: Jenna Young, Communications Officer,
Nishnawbe Aski Nation, (807) 625-4952, (807) 628-3953