Completed Inquiries – Reports Released

01/03/2005

James Smith Cree Nation [Treaty land entitlement: Issue 9 - Amalgamation] - March 2005

May 2005

In 1884, under Treaty 6, the First Nation had 17,792 acres set aside as reserve land. The First Nation claims that it did not receive sufficient land at that time and that it is owed additional acreage under the terms of the treaty. In 1984, the government acknowledged that the First Nation did not receive all the land to which it was entitled at the time the reserve was first surveyed, but it argued that the land gained in 1902, when the Cumberland Band amalgamated with the James Smith Cree Band, more than made up the difference. In November 1999, the government challenged the Commission’s mandate to conduct an inquiry into certain aspects of this claim and, in May 2000, the Commission panel ruled that the inquiry could proceed.

Planning conferences were held in October 2000, December 2000, and January 2001 to discuss issues, research questions, and general scheduling matters, and a community session was held in October 2002. Both the government and the First Nation conducted their own paylist research, according to specific claims guidelines, which had been revised in October 1998. This research was completed in early 2003.Following the submission of additional materials, the evidentiary record was closed and the First Nation made written legal submissions. Because new issues were raised during the course of this inquiry, the parties have agreed to hold two separate oral argument sessions. A hearing on the amalgamation issues respecting this claim was scheduled for June 2004, and a final hearing on the remaining issues will be scheduled on receipt of Canada’s legal opinion on those issues.

The Commission released its report into issue 9 (amalgamation) of this inquiry in May 2005. A report will be published on all the remaining issues at a later date.

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