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By Susan McNeil

Appeal denied

Supreme Court won’t hear Waterhen claim on Primrose Air Weapons Range

Oct 20, 2025 | 11:40 AM

The Waterhen First Nation north of Meadow Lake had their claim for compensation for the loss of hunting at the Primrose Lake Air Weapons Range denied after the Supreme Court of Canada declined to hear their case.

The Federal Court of Appeal ruled in February the Specific Claims Tribunal was correct when it struck the claim in 2022 because it was based on Treaty harvesting rights and did not fall within the scope of the tribunal’s role. The top court has let the ruling stand.

“For the reasons that follow, I am of the view that the applicant has not established that the decision is unreasonable and that its application for judicial review should therefore be dismissed,” wrote J.A. Heckman for the Appeal Court in February.

Waterhen submitted its claim in May of 2022 and it was denied by the federal minister in September, a decision that was affirmed by the tribunal several months later.

“It held that the Claim was based on Treaty harvesting rights and that it did not fall within the jurisdiction of the Tribunal as defined by section 14 of the Act, particularly given that claims of this nature were specifically excluded from its jurisdiction by paragraph 15(1)(g) of the Act,” wrote Heckman.

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After being denied by the tribunal, Waterhen appealed to the federal court for a review that was again denied. Their effort has ended with the Supreme Court of Canada declining another appeal application.

The Primrose Air Weapons Range straddles the Saskatchewan/Alberta border, with slightly over half of it in Saskatchewan.

It was created in 1954 and is almost 12,000 square kilometers in size. It reaches towards the Cold Lake Air Base to the south and west, wrapping around part of Meadow Lake Provincial Park.

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susan.mcneil@pattisonmedia.com