Completed Inquiries – Reports Released

01/03/2000

The Key First Nation [1909 Surrender] - March 2000

March 2000

In March 2000, the Indian Claims Commission released its findings in The Key Band Inquiry. After a careful review of all evidence presented, including handwriting analyses and elders' oral history gathered at three community sessions, the Commission found that the government does not have an outstanding lawful obligation to the eastern Saskatchewan Band regarding the surrender of approximately 11,500 acres of treaty reserve land in 1909.The First Nation argued that the surrender of 11,500 acres of IR 65 in 1909 is invalid because it was taken in violation of the Indian Act and in breach of the government's pre-surrender fiduciary obligation. In particular, the First Nation argued that Treaty 4 requires a higher level of consent in taking a land surrender than does the Indian Act. It also argued that a group known as the Shoal River Indians were actually members of The Key Band at the time and were not consulted on the surrender. The Commission found no evidence of a higher consent requirement under Treaty 4 or that the Shoal River Indians were members of The Key Band. In addition, using the test established by the Supreme Court in the Apsassin decision, the Commission found no evidence that the federal government breached its fiduciary obligation to ensure that the Band's interests were protected.

Response: No substantive response from government required.

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