Alec Salloum
Regina Leader-Post
The Federation of Sovereign Indigenous Nations (FSIN) says the Saskatchewan government’s decision to pause the sale of Crown land is an admission it “got ahead of itself.”
On Oct. 3, Premier Scott Moe announced a halt to the proposed sale of 18 parcels totalling 4,480 acres, which were listed earlier this year. According to the province, the real estate in question was “previously leased agricultural land where leases have been surrendered or cancelled.”
The government had placed a two-year moratorium on the sale of Crown land before lifting it this summer. The 18 lots were set to be auctioned off from Oct. 7 to Oct. 28.
FSIN said in a recent news release that the sale of government-managed land without Indigenous consultation would violate treaty rights and Section 35 of the Constitution Act.
“The provincial government has confirmed, by its own words, a breach of procedural fairness and fiduciary duty. That admission places the Province on constructive notice that any future attempt to resume land sales without consultation could invite judicial scrutiny and constitutional remedy,” wrote FSIN.
When contacted by the Regina Leader-Post, the Saskatchewan government said it engaged with First Nation and Métis communities during the moratorium on Crown land sales to revise the Consultation Policy Framework “to meet our legal obligations under Section 35,” while also aligning with current case law.
According to the province in early October, as parcels were set to be sold off, the Ministry of Agriculture heard there were “still concerns with the process and once again paused Crown land sales,” it said. “This pause will allow the Ministry time to explore additional approaches for managing vacant Crown land, including, but not limited to, the potential for long-term leasing of suitable parcels and, where appropriate, short-term permitting.”
When its consultation duty is triggered, the province says First Nation communities are notified by mail and email. Members of the ministry then follow up and a full list of pertinent parcels are displayed online.
The province added that, in January, consultation was triggered on 120 parcels. From that consultation, 1,110 acres were designated for accommodation.
“We have always stated and affirmed that our treaties trump provincial law,” said FSIN Chief Bobby Cameron in a news release. “Our Nations are not waiting to find their footing; they already possess the administrative, legal, and constitutional capacity to respond decisively.”
Meanwhile, a statement from the Treaty Land Sharing Network says the halt is a favourable outcome but expressed concern over future attempts to sell off land. TLSN is described on its website as “rural landholders and Indigenous people who have come together to affirm and implement Treaty relationships.”
“We are relieved that the Province has extended the moratorium, but what is needed is a commitment to protect this land in perpetuity,” said TLSN’s statement. “No amount of revisions to the province’s consultation framework will make it possible to liquidate Crown land in a way that does not violate treaty agreements and Indigenous rights.”
TLSN went on to say “this land does not belong to the current government, and they have no right to liquidate it to balance their budget.”
It’s a critique that was also levied by members of the Saskatchewan NDP. In an emailed statement, the Opposition party said: “This is public land held in trust for all residents and our future generations, and since forming government the Sask. Party has already sold off 1.2 million acres for fast cash.”
The province said its decision to hit the pause button “does not constitute a change in overall government direction as it relates to Crown land management.”
