Members of Cumberland House Cree Nation with Chief Rene Chaboyer (centre front) as they filed a lawsuit against the Government of Saskatchewan, alleging breach of treaty rights. (Facebook/Cumberland House Cree Nation)
Lawsuit

Cumberland House Cree Nation sues province over Saskatchewan River delta

Jun 11, 2025 | 3:00 PM

The Cumberland House Cree Nation has sued the province of Saskatchewan over the condition of the delta of the Saskatchewan River, which it said is in “a state of ecological crisis because of upstream activities approved and supported by the province.”

The Nation wants a court ruling to stop the province from approving any more projects that might harm the delta and create ways to manage the impacts now.

“For far too long the Province of Saskatchewan has disregarded the delta and our rights”, said Cumberland House Cree Nation Chief Rene Chaboyer. “We are pursuing this litigation against the Province of Saskatchewan to compel the responsible management of upstream activities. The delta and our rights are too important to be ignored.”

The lawsuit alleges the province has violated Treaty 5, which is mainly in Manitoba but covers a portion of northeastern Saskatchewan, right where the delta is located.

Cumberland House and Chaboyer have long held that the delta, the largest in-land delta in North America, is a unique environment in need of protection.

The lawsuit alleges two dams near Nipawin and another further upstream have changed water flow, which in turn impacts the habitats of birds, fish, and animals within the delta.

“The Crown Authorized Activities and the Delta Impacts have caused a significant transformation of the land, waters and natural resources in the Delta in a way that significantly interferes with Cumberland House’s exercise of its Treaty rights. The Treaty Impacts are now so grave that Cumberland House no longer has a meaningful ability to pursue its way of life and to transmit that way of life to future generations, contrary to the promise made in the Treaty,” the lawsuit said.

Of particular concern has been the E.B. Campbell Dam, which opened in 1963 and resulted in the creation of Tobin Lake.

75 kilometers before the EB Campbell dam is the Francois Findley dam, which created Codette Lake and feeds the Nipawin Hydro Electric Station.

The dams and other uses of the North and South Saskatchewan Rivers extending westward into Alberta and British Columbia are drying up the delta, Cumberland House alleges.

“Substantial amounts of wetlands have been lost, and other areas are in the process of drying up. Populations of furbearers, birds and fish have plummeted. CHCN members cannot access key areas of the Delta. Because of the changes in water levels and flows, using the Delta is now far more dangerous,” said CHCN in a recent news release.

READ MORE: How sediment could solve the water issues at Cumberland House

All of that reduces the ability of Cumberland House members to use the delta as they have for centuries, a direct violation of the Treaty, according to the lawsuit.

In March of this year, Chaboyer and Cumberland House and Opaskiwayak Cree Nations were not successful in their legal challenge against SaskPower, the Water Security Agency and the province over consultation on renewed licenses for both Nipawin-area dams.

Chief Rene Chaboyer during a press conference regarding the lawsuit. (Facebook/Cumberland House Cree Nation)

The Saskatchewan Court of Appeal said that only low-level consultation was needed in that case and what was done by the WSA more than exceeded the minimum.

That decision is in the process of being appealed to the Supreme Court of Canada but no decision on whether leave will be granted has been issued as of yet.

In addition to declarations that the province no longer approve activities, CHCN wants the province to develop a framework to manage the impacts on both the delta and their community.

They also seek to have the court declare that the Treaty has been violated and the court give itself supervisory jurisdiction over negotiations for the time being.

They also seek unspecified damage or compensation for breach of their Treaty rights.

The allegations have not been tested in court. A response to the claim has not been issued by the province.

susan.mcneil@pattisonmedia.com

On BlueSky: @susanmcneil.bsky.social

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