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First Nation wants appeal court to nix argument about reserve status – StarPhoenix

The Court of Appeal for Saskatchewan will consider Peter Ballantyne Cree Nation’s request later this month.

October 10, 2018

Lawyers representing a Saskatchewan First Nation want to appeal a decision that allows the provincial government and SaskPower to argue that 600 acres of flooded land near Southend was never properly designated as a reserve and is in fact Crown land.

Court records show that Peter Ballantyne Cree Nation’s counsel, Thomas Berger, filed a motion on Oct. 2 to obtain leave to appeal Court of Queen’s Bench Judge Shawn Smith’s decision allowing the argument. The appellate court is scheduled to consider the request on Oct. 24.

In an emailed statement, Berger said the province and SaskPower are attempting to argue that — 89 years after the land was set aside for the First Nation and 37 years after that decision was confirmed — it was never a reserve.

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