Current Problems

Business and Reconciliation (92)

NexGen Energy failure on Métis Impact Benefit Agreement

September 9, 2020

NationTalk – The Métis Nation – Saskatchewan (“MN-S”) has filed a claim against NexGen Energy Ltd. in the Court of Queen’s Bench for Saskatchewan. MN-S is seeking from the Court:

  • a declaration that NexGen is in breach of its obligations to negotiate an Impact Benefit Agreement (“IBA”) with MN-S in good faith and on a best efforts basis;
  • an interlocutory injunction restraining NexGen from filing its draft environmental impact statement in respect of the Rook 1 Project (the “Project”);
  • damages;
  • and costs.

The Project is located within the heart of MN-S Northern Region II and the Métis Northwest Land Claim. In 2018, Canada agreed to a process to address the Northwest Land Claim. MN-S and MN-S Northern Region II leadership are concerned that the Project will have significant and long-lasting impacts on Métis communities, Métis lands, and Métis rights and culture, particularly in MN-S Northern Region II.

The Project is going to be huge and will impact our communities, culture, lands and rights for generations, and in ways we will not know or understand for years to come. It will also strip away a key resource from the Northwest Claim and leave a hazardous legacy. NexGen’s commitments to negotiate an IBA under the Study Agreement provided an opportunity for us to work together for mutual benefit, and in a way that would respect, protect and advance Métis rights and interests and the health and wellbeing of the communities in MN-S Northern Region II.

NexGen refused to meet MN-S representatives if they had counsel or advisors present. The rights and concerns of Saskatchewan Métis have been marginalized for too long. The Government of Saskatchewan has encouraged this approach through its unconstitutional 2010 First Nation and Métis Consultation Policy Framework, which discourages or outrightly rejects consideration of Métis rights-based concerns