
Federal court dismisses Waterhen Lake First Nation land, rights claim appeal
The Federal Court of Appeal has dismissed Waterhen Lake First Nation’s bid for compensation over the loss of traditional hunting, fishing and trapping lands, ruling the claim falls outside the court’s jurisdiction.
In a decision released Feb. 28, the court upheld a ruling by the Specific Claims Tribunal, which rejected Waterhen’s case, saying it was based on treaty harvesting rights — an issue the tribunal’s governing legislation explicitly excludes.
The northern Saskatchewan First Nation has been fighting for damages tied to the 1954 creation of the Primrose Lake Air Weapons Range, which it says took more than 11,000 square kilometres of its treaty lands without consultation or compensation.
It also sought redress for the loss of commercial trapping rights and the impact of the 1930 Natural Resources Transfer Agreement, which limited its ability to hunt, fish and trap for commercial purposes.