|
 |
Completed Inquiries – Reports Released
01/03/1997
Lucky Man Cree Nation [Treaty Land Entitlement] - March 1997
March 1997 In this inquiry, the Lucky Man Cree Nation claimed that the Government of Canada had not fulfilled its obligation under Treaty 6 to set aside sufficient reserve land for the use and benefit of the First Nation. The only issue before the Commission was the appropriate date for calculating the First Nation's population for treaty land entitlement purposes. After adhering to Treaty 6 in 1879, Lucky Man and his followers did not immediately select reserve land. Although Lucky Man indicated in 1880 that he wished to locate near Battleford, Saskatchewan, he continued to hunt for buffalo in southern Saskatchewan and the United States, and showed no inclination to settle on a reserve. In 1882 the bands of Lucky Man and other Chiefs arrived at Fort Walsh after an unsuccessful hunt. Lucky Man requested a reserve at Big Lake east of Fort Walsh, but the government was adamant that the Cree move north to the areas set out in Treaty 6. By 1883 the Lucky Man and Little Pine Bands were camped near Battleford, but no formal survey of a reserve was done. It was not until 1887 that Indian Reserve (IR) 116 was surveyed "For the Bands of Chiefs ‘Little Pine' and ‘Lucky Man.'" The First Nation did not receive a reserve of its own, however, until 1989. In November of that year, the First Nation and Canada entered into a Settlement Agreement under which the First Nation agreed to surrender its interest in IR 116, and Canada agreed to set apart 7,680 acres of land as a reserve for the use and benefit of the First Nation. In its final report issued in March 1997, the Commission concluded that, as a general principle, the most reasonable interpretation of Treaty 6 is that an Indian band's treaty land entitlement should be based on its date of first survey population, unless there are unusual circumstances that would otherwise result in manifest unfairness. Canada and the band must reach a "meeting of the minds" or consensus with regard to the specific lands to be set apart for the band's use and benefit. The completion of a survey and the band's acceptance of the reserve provide conclusive evidence that both parties have agreed to treat the surveyed land as an Indian reserve for the purposes of the treaty. Although "settling down" is not a condition precedent to establishing a reserve, a band may, by settling down, give a strong indication of the location in which it wants its reserve to be surveyed. In this case, the appropriate date for calculating the First Nation's treaty land entitlement population was the date of first survey of IR 116 in 1887. The Commission noted that, under the Settlement Agreement of 1989, the Lucky Man Cree Nation surrendered its interest in IR 116 in exchange for its current reserve. By agreeing to this settlement, the First Nation did not, however, agree that its treaty land entitlement should be based solely on its 1980 population of 60, nor did it forgo its right to seek additional compensation in lieu of additional treaty land. Response: The government accepted the recommendation made in the March 1997 report. Government research indicated no TLE shortfall existed; First Nation is reviewing and conducting its own research. Download Government Response Click Here for the Report
|
|
|
