Bill 88, also known as the Saskatchewan First Act, received its third and final reading during the Legislature Assembly on Thursday.
The Saskatchewan First Act has been designed to defend the province’s economic autonomy and potential from federal overreach. It amends the Constitution of Saskatchewan to confirm Saskatchewan’s autonomy and assert Saskatchewan’s exclusive legislative jurisdiction under Section 92 (A) of the Constitution of Canada over several areas, including:
- the exploration for non-renewable natural resources;
- the development, conservation and management of non-renewable natural and forestry resources; and
- the operation of sites and facilities for generating and producing electrical energy.
Justice Minister and Attorney General Bronwyn Eyre said that the Act protects the province from constitutional overreach by the federal government.
“We will always stand up for Saskatchewan people against policies that hurt our economic potential and growth.”
Following discussions with First Nations and Métis people and organizations, amendments were introduced by Athabasca MLA Jim Lemaigre to expressly state that nothing in the Act abrogates or derogates from Aboriginal and Treaty rights.
“Treaty rights are already enshrined and protected in all provincial legislation, as well as Section 35 of the federal Constitution Act,1982,” Eyre said. “However, I welcome the amendments from the Member from Athabasca, which provide even further clarity and certainty about our government’s respect for treaty rights.”
Following its passing, numerous Indigenous leaders and groups disapproved of the Act despite the amendment.
First Nations groups like the FSIN and the Metis Nation Saskatchewan are opposed.
Michelle LeClair, vice-president of the Metis Nation Saskatchewan, said the Act infringes upon their Section 35 rights.
“We have 80,000 Metis people in this province, and their rights are being disrespected,” she said. “I was greatly disappointed in our Government. This is our Government, whether we like them or whether we don’t; this is our Government sitting in the house, being disingenuous about any kind of consultation, any kind of discussion.”
Premier Scott Moe and Eyre said the Government had had conversations with First Nation and Metis communities but stopped short of calling them consultations. LeClair said she hadn’t been made aware of any meetings.
“I don’t know who they’ve been talking to,” she said. “We heard the word dialogue throughout the Minister’s speech, but we haven’t heard any dialogue or discussions with the provincial government. There was very little, if any, attempt to have a consultation with us.”
LeClair noted that she had written to Minister Eyre but had not heard back.
With the bill being passed, LeClair said that the Government must now consult with the indigenous community and leaders.
“What I’d really like to do is call upon the Saskatchewan Government to fulfill their obligations with respect to the duty to consult,” she said. “This is frightening for us because the province of Saskatchewan has a tendency not to consult with us or make it easy for proponents to come into our territory and not to consult with us.”
The FSIN share LeClair’s feelings that the Act was conceived, written and passed without consultation or input from the First Nations and Metis people.
FSIN leadership says the Saskatchewan First Act completely disregards First Nations’ Inherent and Treaty rights. It has said it would take legal action to oppose the Act as they feel it infringes on inherent treaty rights.
The Act was introduced into the legislative assembly last fall and will now be to the Lt. Governor for royal assent once it is passed.
