Completed Inquiries – Reports Released
16/08/2007
Blood Tribe / Kainaiwa [Big Claim] – March 2007
In February 2003, the Commission accepted the request of the Blood Tribe to conduct an inquiry into its rejected claim to over 260 kilometres adjacent to its present reserve. A planning conference was held in August 2003, and community sessions were held in June and August 2004 on the Blood Reserve. Oral arguments were heard in Lethbridge in October 2005. This claim involves the area between the Kootenay (Waterton) and Belly Rivers, the location of the southern boundary of the reserve, and an outstanding treaty land entitlement. The panel concluded that, although a reserve in the Blood Tribe’s home base was not formally set aside by Treaty 7, the Crown was nevertheless obligated to set aside a reserve for the Blood Tribe. Historical events show that the Crown and the Blood Tribe agreed that the reserve would at least be located within the Blood Tribe’s home base and subject to the other terms of Treaty 7, including the treaty land entitlement formula. From the panel’s perspective, the Blood Tribe held what could be described as a cognizable interest in its lands in the home base. With respect to the surrender of the Blood Tribe’s interest in the Bow River reserve, the panel found that a surrender was required. The panel further found that the statutory requirements of a meeting and a vote on the surrender did not take place, and, as a result, the Indian Act was breached. However, the effect of a breach of these statutory requirements is technical in nature and does not render the surrender invalid. In examining whether a breach of fiduciary duty occurred with respect to the surrender, the panel concluded that the Blood Tribe did not abnegate its decision-making power and that the surrender was not an exploitative bargain. No breach of fiduciary duty occurred with respect to the surrender. As for when the Blood Tribe’s reserve was established, the panel concluded that John Nelson’s 1882 survey established the reserve. Although the panel is mindful that the 1883 survey is acknowledged as confirming the reserve, the panel stated that the circumstances surrounding the 1883 survey warrant careful examination. Because the reserve was established in 1882, a surrender was necessary in 1883 to move the southern boundary. Also, the panel concluded that the Crown failed to fulfill its fiduciary obligations with respect to the movement of the southern boundary. With respect to the treaty land entitlement (TLE) portion of this inquiry, the panel noted that the parties had agreed to limit their arguments to the date of first survey (DOFS) only and not address the remaining TLE issues. As the panel had concluded that the Blood Tribe’s reserve was established in 1882, the panel also concluded that the DOFS is 1882. The Commission released a report on this inquiry in August 2007. To download the report - PDF  To download the news release
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