“Do not take them from myself and my children forever” - Aboriginal Water Rights in Treaty 7 Territories and the Duty to Consult

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“Do not take them from myself and my children forever” - Aboriginal Water Rights in Treaty 7 Territories and the Duty to Consult - Vivienne Beisel

Chief Crowfoot’s plea in 1877 “Take pity on me with regard to …the waters…and do not take them from myself and my children for ever,” indicates that he had no intention of relinquishing their title to the lands and waters of their traditional territories. For this reason, project proponents that have obtained water licences under Alberta’s current water regulations cannot be certain of their tenures. Aboriginal legal issues dominate the list of major risks facing industry in Alberta, Canada regarding project development associated with water. This book explains that Aboriginal and treaty rights to water have not been extinguished by any Crown legislation or policy. Aboriginal and treaty water rights are protected by the Natural Resources Transfer Agreement, 1930 and s.35 of the Canadian Constitution. Because Alberta’s legal regime and consultation policies circumvent the treaty relationship between the Crown and First Nations, they are vulnerable to constitutional challenge. This in-depth analysis will be especially useful to First Nations, legal practitioners, industry, and government executives who need to understand the meaning of Indian treaties and the duty to consult.