(The Canadian Press)

By Derek Craddock

NATURAL RESOURCES

What is the NRTA, and can the government change or scrap it?

Apr 13, 2023 | 8:00 AM

Natural resources and jurisdiction have once again become a topic of debate and discussion in Saskatchewan.

It all stemmed from a conversation that took place during a meeting of the Assembly of First Nations (AFN) Chiefs last week, which featured a question-and-answer period with Federal Justice Minister and Attorney General David Lametti.

Lametti was asked by Saskatchewan Chiefs of the AFN on whether he has the authority to rescind the Natural Resources Transfer Agreements (NRTA). Grand Chief Brian Hardlotte of the PAGC later asked that question in the presence of the entire assembly.

“I re-asked the question so that all the Chiefs from Canada would hear that question and that the media would hear that question,” said Hardlotte in an interview with paNOW.

Lametti told the AFN he would commit to “looking at” federal-provincial natural resource transfer agreements, adding later that he only promised to listen to Indigenous partners, and did not commit to reviewing areas of provincial jurisdiction.

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That response though brought a swift attack from Saskatchewan Premier Scott Moe, who accused Lametti of wanting to change the constitution.

“He (Lametti) didn’t have the good sense to actually answer the question with the only answer that is available to him and that is the federal government does not have jurisdiction when it comes to natural resources,” said Moe during a Prince Albert Chamber Luncheon on Tuesday.

Moe, along with the Premiers of Alberta and Manitoba, released a joint statement asking Trudeau to “immediately retract these dangerous and divisive comments,” saying the agreements are fundamental to the provinces’ economic autonomy.

But what is the NRTA, and can governments actually change or rescind it?

To start, the NRTA is a Memorandum of Agreements signed between the federal government and the provinces of Saskatchewan, Alberta, and Manitoba in 1930.

This meant transferring control over land and natural resources to the provinces. That jurisdiction was originally held by the federal government.

Reserve and Crown lands, however, were not included in the transfer, but some of the lands used by Indigenous peoples to hunt, trap, and fish now fell under provincial jurisdiction and were subjected to conservation regulations.

According to Eric Adams, a law professor at the University of Alberta, the government can not change the NRTA because those agreements were eventually engrained in the 1982 Constitution.

“There is no way for a government, any government, acting unilaterally to change the terms of those agreements or those constitutional provisions,” he said. “They are carved into the stone of the Constitution of Canada and the only way to change that stone is through the highly arduous, nearly impossible use of the Constitution amending formula.”

That formula would involve a consensus from at least seven provinces and the federal parliament for any changes to be made to the Constitution.

Although there are some cases where amendments to the Constitution were attempted, Adams said the reality is it’s next to impossible.

“The idea that this is a realistic threat that the federal government might change some aspect of provincial jurisdiction over resources is completely inaccurate.”

For Hardlotte, the question was never intended to stir division. In fact, the NRTA has been a point of discussion among Western Canadian First Nations leaders for years.

“We have gatherings and discussions,” he said. “The history of it and how it affected our Treaty rights. How our people, our grandmothers and grandmothers were treated because of this act.”

Hardlotte also referred to the United Nations Declaration on the Rights of Indigenous Peoples, which Canada implemented in 2021.

UNDRIP is a policy that sets out the rights of Indigenous peoples around the world. through declarations, conventions and treaties that are intended to define and uphold human rights in international law.

According to the Canadian Museum for Human Rights, the Declaration contains 46 articles describing a variety of collective and individual rights. It identifies states and governments as responsible for protecting and upholding these rights. Its goal is to defend the survival, dignity, and well‐being of Indigenous people.

“We still have to do that work in the western provinces,” said Hardlotte. “The United Nations declaration is about Human Rights.”

At the end of the day, Hardlotte and other First Nations leaders say they just want governments to hear their concerns about the NRTA and for the West to implement UNDRIP.

“We just want to be heard with the concerns. With the state of our communities, we just want the partnerships on that same action plan, and I hope we can align provincial law and policy with UNDRIP.”

–With files from The Canadian Press

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derek.craddock@pattisonmedia.com

Twitter: @princealbertnow