Sask. First Nation challenges government over environmental assessment of uranium mine

Peter Ballantyne Cree Nation is challenging the environmental assessment of a proposed uranium mine in northern Saskatchewan, arguing the project will impede on their traditional territory without proper consultation.

In an application for judicial review filed at the Court of King's Bench last week, Peter Ballantyne Cree Nation is seeking an order to quash the environmental assessment of the proposed Wheeler River project. It wants to force the environment minister to reconsider, arguing the government’s consultation with the First Nation was “inadequate and not meaningful.”

Denison Mines Corporation, a Toronto-based uranium mining, development and exploration company, is the majority stakeholder in the Wheeler River project and is also listed as a respondent to the application.

The project is an in situ recovery uranium mining and processing operation located about 600 kilometres north of Saskatoon and would produce up to 5,400 tonnes of uranium oxide annually for a lifespan of 20 years, according to the federal government's summary of the project status.

Saskatchewan’s Minister of Environment, Travis Keisig, gave the proposed project a provincial stamp of approval in July, satisfied that it had met the requirements.

Court documents say that while the Peter Ballantyne Cree Nation (PBCN) signed an adhesion to Treaty 6, its traditional territory is located in Treaty 10 territory, as is the project. PBCN is comprised of eight communities.

“Most of our communities are in Treaty 10 territory, but they’re PBCN communities, and most of our traditional activities are in that area,” Chief Peter Beatty told CBC.

“We have been hunting, trapping, fishing in these areas for hundreds of years and just because there’s a border line for Treaty 6 does not mean that our traditional rights don’t extend beyond that.”

In an email Friday, the provincial Ministry of Justice said the government had not been served notice about the application but, given it is before the courts, said it would not provide comment.

Saskatchewan government leaders are keen to position the province as a top uranium supplier. The Saskatchewan government also greenlit the largest uranium mine in Canada, the Rook I project, in November 2023. 

Like the Wheeler River project, Rook I is located in the Athabasca Basin, where most of Canada’s uranium reserves are held and home to the world’s largest high-grade uranium deposits. 

So far, Beatty said he is not certain if the project will pose environmental issues for its nearby communities because, he and the court application alleges, PBCN was not given ample time to review documents related to the project.

"We feel that there is going to be, definitely, some impact on the environment and we'd like to know what those are and in order for us to do that, we'd have to do a proper assessment of it and have our own experts look at the data," Beatty said.

PBCN's application alleges that by the time the Government of Saskatchewan looked to consult the First Nation, after failing to do so earlier, Denison Mines had already completed its final environmental impact statement.