|
 |
Completed Inquiries – Reports Released
01/12/1994
Young Chipeewayan First Nation [Stony Knoll IR No. 107] - December 1994
December 1994 In 1993, the Indian Claims Commission began an Inquiry into the specific claim of the Stoney Knoll Indian Reserve by the Young Chipeewayan "Band." At issue was whether the Government of Canada owes an outstanding lawful obligation to the Young Chipeewayan Band with respect to whether their reserve was taken from them without lawful surrender as required by the Indian Act. The parties defined the issues of the Inquiry as follows: first, are the claimants descendants of the original Young Chipeewayan Band; second, were the claimants entitled to bring the claim; third, was the 1897 Order in Council valid; and fourth, would participation by the claimants in Treaty Land Entitlement settlements disentitle the claimants from raising the claim. The Commission found, and Canada agreed, that the government transferred administration of Indian Reserve No. 107 without surrender in 1897. Canada further conceded that the claimants are descendants of the original Young Chipeewayan Band. However, the Commission found that, based on the Indian Act and the common law, the claimants are not a Band, and therefore that the policy does not allow for acceptance of this claim. Under its supplementary mandate, as broadened in 1993, the Indian Claims Commission may conclude that a policy was implemented correctly, but the outcome is nonetheless unfair. Under this supplementary mandate, the Commission concluded that the issues surrounding the transfer of Young Chipeewayan Band members to the paylists of other First Nations need to be explored in detail, by Canada and the various First Nations that absorbed members of the Young Chipeewayan Band, on a case-by-case basis, including the effects, if any, of the 1992 Treaty Land Entitlement Agreement, to ensure that the provisions of Treaty 6 are honoured. Response: A funding proposal submitted by the Band for research and consultation is under consideration by Indian Affairs. Download Government Response Click Here for the Report
|
|
|
