Can treaties be extinguished by the Canadian courts?
Under Canadian law, prior to 1982, the cases Simon v. R. and Sioudri v. R. established that the Federal Government would have to demonstrate strong intent to extinguish a treaty right under the power derived from section 981 (24) of The Canadian Constitution Act, 1867. Today, both Saskatchewan First Nations and the Federal Government view treaties as a living relationship that needs constant nurturing. The Office of the Treaty Commissioner shares this view, and is currently facilitating treaty table discussions between the Federation of Saskatchewan Indian Nations and the Government of Canada, with the Province of Saskatchewan sitting as an observer. All three parties hope to use the Numbered Treaties as a bridge to a harmonious future where partnerships between First Nations and all peoples of Saskatchewan can build a healthy economy and prosperous society.
