Red Earth and Shoal Lake Cree Nations [Quality of reserve lands (agriculture)]

In June 2004, the Commission accepted a request for an inquiry by the Red Earth and Shoal Lake Cree Nations into their claims that their right to farming lands under their treaty had not been fulfilled. Their claims at that time had not been expressly rejected, and were accepted by the Commission on a "deemed rejection" basis. Canada has refused to participate in the inquiry or fund the First Nations’ participation, and has declined to produce documents. At the beginning of March 2005, the Commission informed Canada that it should either undertake to deliver its documents or submit a mandate challenge; otherwise it would face a subpoena. Canada responded that it intends to submit a mandate challenge.

In April 2005, Canada filed a mandate challenge. The panel denied a request from the British Columbia Treaty 8 First Nations for intervenor status. The oral hearing of the mandate challenge took place in February 2006, in Saskatoon. The transcript of the oral hearing has been distributed to the parties. The panel is continuing its deliberations.