An overhead picture of the Saskatchewan River Delta. (Canadian Parks and Wilderness Society-Saskatchewan Chapter)

By Susan McNeil

Lawsuit ends

Cumberland House lawsuit over Nipawin dams ends at Supreme Court

Nov 27, 2025 | 12:24 PM

The decision by the Saskatchewan Court of Appeal regarding a legal challenge over consultation filed by Cumberland House Cree Nation will stand.

On November 30th, the Supreme Court declined to hear the appeal filed by Cumberland House and Opaskwayak Cree Nation in Manitoba over consultation on renewed licenses for the EB Campbell and Nipawin dams.

Both First Nations challenged how sincere the consultation by the Water Security Agency (WSA) and SaskPower was.

“The appellants questioned whether WSA had ever seriously contemplated denying SaskPower’s applications and alleged that WSA had approached the matter as though the issuance of renewed licences was inevitable,” wrote the Sask. Court of Appeal.

However, the Crown had met its duty to consult and is not expected to be perfect, said the Appeal Court.

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“The record amply supports the conclusion that the Crown made reasonable efforts to inform and consult with interested First Nations and Métis communities. Those communities received timely notice of the decision-to-be-made.”

Now, the Supreme Court has dismissed the application from both First Nations and awarded costs to the WSA and SaskPower.

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susan.mcneil@pattisonmedia.com