Kevin and Noelle Beckman had never heard of a Buchshee arrangement
until a few months ago.
Now a dispute between the North Battleford, Sask., couple and a person
on a nearby Indian reserve has left the Beckmans with no summer pasture
for 70 cows.
The Beckmans signed a grazing agreement on Jan. 6 that included a
$1,000 deposit to hold the pasture. However, further requests for money
unsettled them and they became alarmed and demanded their money back
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when they learned other people were offered rental of the same land.
They did not get their money back and may be forced to sell cows
because there is no pasture left in their area.
Their Buchshee agreement left them without a legal leg to stand on.
Invalid in court
Buchshee agreements are informal land rental agreements between farmers
and Indian bands that fail to use a federal government permit. These
agreements are not valid in court when a dispute arises.
“Nobody knew you were supposed to get a permit,” Noelle Beckman said.
“We were uninformed and uneducated. I am grateful it is only $1,000.”
Trevor Sutter, a spokesperson for the federal Indian and northern
affairs department, said Indian groups are aware of these permits.
“Farmers and ranchers are often not aware that these are required,” he
said, adding that permits allow farmers a more effective legal option
if problems arise.
The federal government technically controls reserve land, but the
department prefers a hands-off approach, leaving land management to the
bands.
“The department is not into micro-management of the land. It is up to
the First Nations.”
Sutter said the department knows that many bands and reserve residents
enter into Buchshee agreements with non-reserve residents. Many work
without a hitch.
However, when the department hears of such an agreement, it writes a
letter to the band council reminding it that a permit is required.
