Alberta Government Wins Prelude to the Fight for Aboriginal Water Rights

Mondaq - May 11

On April 28, 2010, the Alberta Court of Appeal dismissed a claim by the Tsuu T'ina Nation and Samson Cree Nation regarding the adequacy of consultation and accommodation with respect to Alberta's Water Management Plan for the South Saskatchewan River Basin. The Decision is a prelude to more innovative claims for Treaty and Aboriginal rights to water that are currently before the courts in Alberta. Although the Court noted that the Tsuu T'ina and Samson Cree's claims to water and management rights would "not be an easy case to win," a ruling on these issues could have significant implications for future Crown consultation obligations for government decisions relating to water use.....click here to read more.