Sask. Court of Appeal reverses decision on historical hydro dam dispute
CBC
The nearly 20-year dispute between the Peter Ballantyne Cree Nation and SaskPower over the Whitesand Dam near Southend in Saskatchewan's northeast will find itself back in court again.
The Peter Ballantyne Cree Nation sued Ottawa, SaskPower and the government of Saskatchewan for infringing on its members' treaty right to hunt, because the dam's construction resulted in a loss of roughly 600 acres of land due to flooding.
The Whitesand Dam regulates the water flow between Reindeer Lake and Reindeer River and was constructed in the 1940s.
In September, the Saskatchewan Court of Appeal ruled in favour of the Cree Nation and sent the matter back to the Court of Queen's Bench.
The province and the Crown Corporation argued a historical agreement, the Natural Resources Transfer Act (NRTA), allowed for that to happen because the area in question was not a reserve — an argument the courts upheld in 2019.
But the Court of Appeal found the hearing judge erred in concluding the community of Southend was not a reserve, thanks in part to the fact the status was already settled.
"Their position on this issue is contrary to the first appeal decision, which was dependent on the proposition that Southend is a reserve," the written decision said.
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