Completed Inquiries – Reports Released

01/03/1996

'Namgis First Nation [Cormorant Island] – March 1996

The 'Namgis First Nation, on the west coast of British Columbia, claimed that Canada was negligent and in breach of both a statutory and a fiduciary obligation when it failed to refer a dispute over lands to a Supreme Court judge as stipulated in the terms of reference for the Joint Reserve Commission of 1879-80. In 1879 and 1880 the Indian Reserve Commissioner G.M. Sproat visited 'Namgis and allotted approximately 1500 acres of Cormorant Island as reserve for the First Nation. This allotment was disallowed by the provincial Chief Commissioner of Lands and Works in 1882. In 1884 Mr. Sproat's successor, Peter O'Reilly, reallotted two reserves on Comorant Island comprising only 48.12 acres to the 'Namgis First Nation.

The 'Namgis First Nation contends that Canada acted improperly in that it failed to refer the disagreement over Mr Sproat's original allotment to a judge of the British Columbia Supreme Court, as required by the existing Order in Council appointing Mr Sproat as Indian Reserve Commissioner.

In its final report issued March 1996, the Commission found that Canada breached its statutory and fiduciary obligations to the 'Namgis First Nation by failing to refer the dispute to a judge of the Supreme Court. Moreover, that there is a strong likelihood that the Band would have been allotted more land than it obtained if Canada had used the dispute resolution process stipulated in both the terms of reference for the Joint Reserve Commission and the relevant order in council.

Response: In May 2001, government rejected recommendation, disagreeing that any fiduciary obligation arose on the facts of this claim.

To download the government's response - PDF

To download the report - PDF