JFK Law’s Karey Brooks Q.C. and Naomi Moses were recently quoted in articles in the Lawyer’s Daily and CBC News about a recent application for judicial review filed in the Saskatchewan Court of Queen’s Bench for Carry the Kettle Nakoda Nation.
The application challenges decisions made by Saskatchewan’s Ministry of Agriculture to sell or lease about 40 parcels of land in Carry the Kettle’s traditional territory on the basis that the Crown failed to fulfill its duty to consult. The amount of land available for Carry the Kettle members to exercise their Treaty rights has been steadily dwindling and is inadequate to meet their needs. The majority of the lands in Carry the Kettle’s territory have been taken up by development, private ownership, agriculture, and other uses. The Crown did not take this context into account in its consultations with Carry the Kettle or in deciding to sell or lease some of the few remaining parcels of vacant Crown land in the province.
The articles are available below: