Does the granting of subsurface mineral rights trigger the duty
to consult with Aboriginal groups? In Saskatchewan, the short
answer is "no". The possibility of impact on Treaty 10
rights from the disposition of subsurface oil sands exploration
permits is determined to be "too speculative" by the
Saskatchewan Court of Appeal in Buffalo River Dene Nation v. Saskatchewan
(Energy and Resources), 2015 SKCA 31.
Background
This decision arose from an appeal of a lower court decision in
which the judge found that the duty to consult had not been
triggered when the Province of Saskatchewan granted subsurface
exploration permits to a land agent company. The Buffalo River Dene
Nation had asserted that the Crown's duty to consult had been
triggered by the issuance of subsurface exploration permits, as
this would affect their ability to practise their Treaty 10 rights,
which include hunting, trapping, and fishing. The lower court found
that the First Nation had not shown a
