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Sept. 6, 2022
EDMONTON – A northern Alberta First Nation has filed what experts say is the province’s first lawsuitclaiming cumulative effects from industry, agriculture and settlement are so pervasive, they violate the band’s treaty rights.
Duncan’s First Nation, southwest of Peace River, alleges the province has permitted so much activity and sold off so much Crown land that band members can only live their constitutionally guaranteed way of life with great difficulty.
“Alberta has engaged in a pattern of conduct that … has significantly diminished the (nation’s) right to hunt, fish and trap as part of their way of life,” says the statement of claim, filed in Edmonton in July.
“Habitats have been fragmented, lands and waters have been degraded, substances have been introduced that cause legitimate fears of contamination, and pollution and lands have been put to uses that are incompatible with the continued meaningful exercise of (the Nation’s) treaty rights.”
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