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Saskatchewan requires municipalities to consult with First Nations

LAND CLAIMS

August 11, 2008 Brantford Expositor

To the ill-advised and stoically inflexible city council of Brantford, I present a reality that you may not like and you may want to reconsider if Coun. James Calnan's actions were wrong. He has a democratic right to disagree or change his mind, which seems to have been sadly forgotten.

You also may want to stop your lame yet outcome- reckless injunction that just made things worse! The First Nations population has grown considerably within Brantford over the last few years, which also seems to have been forgotten by city council!.

The source of this is the Saskatchewan Ministry of Municipal Affairs Duty to Consult with First Nations and Metis Questions and Answers: Under the Planning and Development Act, 2007

Q. Do municipalities have a duty to consult with First Nations and Metis?

A. Whenever a municipality exercises its legal authority in a way which might negatively impact on the exercise of an aboriginal or treaty right, a duty to consult with affected First Nations and Metis communities will arise.

Q. What are the consequences of failing to consult?

A. The failure to consult could result in a variety of consequences, depending on the nature of the government action contemplated. In the case of legislation, it could be held to be invalid. In the case of a project or development, it could be ordered to be shut down or not permitted to proceed until consultations have taken place. As well, the court could require compensation to be paid. In other words, failing to consult could have very serious consequences.

Brantford city council, that means you need to start acting like leadership that is honourable because it's never too late for that but it's not entirely your fault.

Federal negotiator Ron Doering was quoted in the media as saying that companies could deal directly with Six Nations. The provincial government is to blame for abandoning Six Nations' rights for its own gain. The HDI is a legal body after all.

Tim Reynolds Brantford