Treaty Right to Resources
Revenue Benefit Sharing (RBS)
An options paper for engaging the government in negotiations on revenue sharing was developed. A complimentary paper, developed through the Meadow Lake Tribal Council, presents a strong business case for government by articulating the socioeconomic costs of continuing the status quo. The LRS developed a Revenue Sharing Strategy proposal based on this material. The ultimate goal of the revenue sharing strategy is to foster “good relations” between industry, the Crown, and First Nations, in order to improve the investment climate, and thereby enhance the economic potential of the province. At the Special Legislative Assembly in February 2009, the Chiefs-in-Assembly adopted resolution #1631 entitled “NRTA and Resource Revenue Sharing” which supported the FSIN in conducting legal, historic and Treaty research to provide the Chiefs with information toward the development of a strategy on dealing with the NRTA. A Resource Revenue Sharing Proposal entitled Sharing Revenue Generated from First Nations’ Lands and Territories was completed in November 2009 by L&R staff. The proposal was based on a paper commissioned with John Wright and was written to be submitted to the Government of Saskatchewan. The proposal addresses the fact that revenue sharing is a method of implementing the spirit and intent of the Treaty – the shared nature of resources, and provides a way to ensure that First Nations share in the wealth. On March 8, 2010, the FSIN Chiefs-in-Assembly passed resolution #1686 entitled “Support for Revenue Benefit Strategy” approving the draft strategy entitled, “Sharing Revenue Generated from First Nations’ Lands and Territories”. The next step is to formally submit the proposal following the establishment and implementation of the Permanent Forum on Reconciliation of Lands and Resources.
Revenue sharing with First Nations will achieve the following important objectives:
1. Closing the Socio-Economic Gap: through improved social programs and new economic and employment opportunities;
2. Shared Tax Field: recognize the shared nature of the resource tax field;
3. Impact of Development: assist in compensating First Nations for past, present, and future loss of land, livelihood, economic opportunities, and HFTG rights; and
4. Stable Investment Environment: encourage provincial economic growth by providing a stable and predictable investment environment.
The strategy identified a number of key elements for the revenue sharing proposal, including a base year entitlement, prior years’ compensation, an escalator, and options for terms of the agreement, leaving the exact details to be determined as next steps for the Commission to carry forward when implementing the political strategy.
The Chief’s Office has recently developed a Future Sharing document which includes Revenue Sharing in the areas of tobacco, gaming and resources.
Natural Resources Transfer Agreement
In 1930 the Federal Crown transferred the resource ownership to the provinces of Manitoba, Saskatchewan and Alberta in the Natural Resource Transfer Act, 1930 (NRTA) via the Constitution Act, which placed the prairie provinces on the same footing as other provinces in that the other provinces had ownership of public lands and resources. The transfer to the prairie provinces of the public lands and resources was retroactive to the dates of their entry to Canada. Thus, Saskatchewan’s rights were retroactive to 1905.
The transfer of public lands and resources to the provinces was done so without the consent of, or even consultation with, the First Nations in those provinces. Any rights the First Nations held, regarding lands and resources within their territories were transferred to the provinces within which they resided. Various Elders from across the region have maintained that First Nations never relinquished their rights to or interests in the resources at the time of Treaty or any time thereafter. It remains then, that the First Nations continue to possess an interest in the resources that the province of Saskatchewan now purports to own and control, under the constitutional authority of the Natural Resource Transfer Act, 1930 (NRTA).
Since 1990, the Federation of Saskatchewan Indian Nations (FSIN) has been active in seeking to resolve this outstanding issue. As expected, this issue remains extremely sensitive for provincial officials to deal with given the potential consequences of First Nation’s assertion of ownership of the resources and the impacts on the authorities and revenues generated by the provincial government in the resource industry.
On March 29-31, 2010 the FSIN in partnership with the AFN, hosted a Roundtable discussion on the 1930 Natural Resources Transfer Agreement ((NRTA) in Saskatoon. Roundtable objectives included, i) establishing Treaty nation priorities and implementation criteria specific to the NRTA; ii) highlighting international perspectives within the context of the Treaty relationship and stepping beyond the boundaries and fostering discussion that focuses on a First Nations access to resources and benefits as part of a renewed Treaty relationship.
FSIN – Ministry of Environment Bilateral Task Force
When the province terminated the FSIN-MOE Partnership Agreement without consultation the FSIN lost the capacity to deliver further Bilateral Task Force (BTF) meetings. Chiefs-in-Assembly adopted resolution #1725 regarding exploring court action against government policies, legislation and plans.
Nuclear Waste Management Organization
The Lands and Resources Commission assumed responsibility for the Nuclear Waste Management Organization (NWMO) file from the Chief’s Office. The Commission recognized it is important to be well-informed about both the positive and negative aspects of uranium development and nuclear fuel storage. They also mandated the LRS to seek funding from NWMO for capacity and education. The LRS formally submitted a successful proposal to NWMO. The education and awareness sessions began May 2011.
Review of Environmental Legislation and Regulations
The Saskatchewan Ministry of Environment consulted with First Nations to provide an overview of the general direction the ministry is proposing for the implementation of results-based regulation; and to generate discussion of the policy directions of proposed amendments to The Environmental Management and Protection Act, 2002, The Environmental Assessment Act and The Forest Resources Management Act. The FSIN submitted a comprehensive technical response to the proposed amendments. The 136 page response questioned all areas of the province’s proposed amendments and identified technical concerns. First Nations must have the opportunity to conduct their own legal analysis and legal response to these amendments. As previously noted, the Chiefs-in-Assembly adopted Resolution #1725 supporting exploring court action against the province on all policies, legislation and plans that will negatively impact, infringe and/or derogate First Nations Inherent and Treaty rights.