The Federation of Soverign Indigenous Nations (FSIN) is preparing to launch a legal challenge against the provincial government’s trespassing laws.
“It’s unconstitutitional, it’s not First Nations-friendly,” Chief Bobby Cameron said during a news conference Thursday in Saskatoon.
“It goes against their own provincial legislation. The 1930 Transfer Agreement, this states clearly (that) us at the FSIN have a solid legal case.”
The Trespass to Property Act, passed on Wednesday, now requires visitors to get permission from landowners for everything from hunting to ATV riding to berry-picking.
Cameron said the FSIN was consulted on the changes by Justice Minister Don Morgan, but it remains firm in its position that the legislation infringes on treaty rights.
“When land is unposted, when it’s not being utilized for cattle or agriculture purposes, First Nations can exercise treaty hunting, fishing, trapping and gathering,” Cameron told reporters.
“Much like the carbon tax case Premier Scott Moe is embarking on, this is going to end up in Supreme Court (of Canada) and we are prepared to go the distance,” Cameron said.
Cameron said putting the onus on visitors to get permission poses a problem because in many cases landowners are not easily contacted.
The Saskatchewan Association of Rural Municipalities is currently working with the tech sector on developing an app to connect landowners and those seeking permission. Cameron isn’t convinced it will work, noting it’s an opportunity for racism.
“It brings all these escalating problems to light where someone can just deny or approve or whatever just by looking at this app,” Cameron said.
Cameron said he will be seeking a firm mandate from the FSIN assembly later this month before gearing up for legal action.