Blood Tribe/Kainaiwa [Akers Surrender 1889]

The Commission released its report into the Akers surrender claim in June 1999. The report details the facts and law behind the claim but makes no recommendations because in April 1998, after 110 years, the federal government agreed, mid-inquiry, to negotiate a resolution
of the claim. The claim involves a clerical error that led to a surrender in 1889 of 440 acres of land from the Blood reserve in southern Alberta.

The First Nation alleged that the government had broken its fiduciary obligation to protect the First Nation’s interests and that it breached Indian Act regulations regarding the surrender of reserve land by not holding a vote of all eligible male band members. After two community sessions in October and December 1997, DIAND agreed to review the claim in light of new case law and evidence gathered at the community sessions. The Commission also facilitated the settlement negotiations (see Blood Tribe/Kainaiwa [Akers surrender mediation] – August 2005).

Response: In April 1998, government accepted claim for negotiation.

To download the government's response - PDF

To download the report - PDF