Completed Inquiries – Reports Released
22/03/2007
James Smith Cree Nation [ Treaty Land Entitlement] – February 2007
Indian Reserve (IR) 100 was surveyed for the James Smith Band in 1884, as promised by Treaty 6. In 1902, Canada amalgamated the James Smith Band with the “owners of Cumberland Reserve No. 100A,” known as the Peter Chapman Band. In the early 1980s, the James Smith Cree Nation submitted an outstanding treaty land entitlement claim. Canada rejected the claim in 1984, stating that the entitlement was met as a result of the 1902 amalgamation of the James Smith Band at IR 100 and the Cumberland Band at IR 100A. In June 1999, the Commission agreed to conduct an inquiry into the rejected claim. Canada objected to the scope of the inquiry and argued that the First Nation was advancing new issues not previously considered by the Minister. The Commission ruled in May 2000 that it would proceed with an inquiry into all issues raised by the First Nation, but that Canada would have time to respond to them. In November 2003, the Commission agreed to deliver its findings on Issue 9, the amalgamation, Canada being given time to respond to the remaining issues. In June 2004, argument was heard on Issue 9, and the Commission issued a report in March 2005, finding the amalgamation invalid, as the consent of the whole of the Cumberland Band had not ben sought. In April 2006, the panel heard argument on the remaining issues: population, land quality and lands occupied prior to treaty. The panel found Canada owes no obligation to the James Smith Cree Nation regarding the quality of land selected as IR 100 or for lands occupied by James Smith prior to treaty. The panel also found that as a result of the transfer of IR 100A when the Cumberland Band was amalgamated with the James Smith Band, the James Smith Cree Nation today has more land than required by Treaty 6, IR 100A remaining in its possession. In its report issued in March 2007, the panel concluded that no land entitlement is owed to the James Smith Cree Nation, but that there is an outstanding obligation owed to the Cumberland House Cree Nation. Reports issued by the Commission in March 2005 concluded three of the four separate but concurrent inquiries into claims by the James Smith Cree Nation and the Cumberland House Cree Nation involving Indian Reserves 98, 100 and 100A. The release of the James Smith Cree Nation Treaty Land Entitlement Inquiry report brought to a close the final inquiry. The Commission released its report into issue 9 (amalgamation) of this inquiry in May 2005. In March 2007, a report on all the remaining issues was released . To download the news release To download the report - PDF  To download the news release on Issue 9: amalgamation To download the report on Issue 9: amalgamation - PDF
|
