Completed Inquiries – Reports Released

01/03/1997

Fishing Lake First Nation [1907 Surrender] - March 1997

At issue in this inquiry was the surrender of 13,170 acres of land from Fishing Lake Indian Reserve (IR) 89 on August 9, 1907. The Fishing Lake Reserve and two others, Nut Lake and Kinistino, were set aside for members of the Yellow Quill Band under the terms of Treaty 4. In 1905 the Canadian Northern Railway Company requested that the northern end of the Fishing Lake Reserve be opened for settlement. The Indians at Fishing Lake initially refused to surrender the land because, according to the Indian Commissioner, they did not want the Nut Lake and Kinistino Bands to share equally with them in the proceeds received from the sale of the land. In response, the Department of Indian Affairs had the Indians at Fishing Lake, Nut Lake, and Kinistino sign an agreement recognizing them as three separate bands. The Department then secured the surrender of 13,170 acres from the Fishing Lake Band.

When the First Nation first submitted its claim to the Minister of Indian Affairs in 1989, it argued that the alleged surrender was null and void because it was obtained through duress and undue influence, it was an unconscionable agreement, and it was obtained without strict compliance with the Indian Act. It also contended that the Crown breached its trust or fiduciary obligations in obtaining the alleged surrender. The First Nation later added two new arguments; namely, that the Crown negligently misrepresented the circumstances surrounding the surrender, and that the consent required under Treaty 4 had not been obtained prior to the separation of the three reserves and the surrender of 13,170 acres from Fishing Lake IR 89. Canada did not accept any of these arguments and rejected the claim.

The First Nation asked the Commission to review the rejection of its claim. During the course of the Commission's inquiry, legal counsel for the First Nation discovered that at least one (and possibly three) of the individuals who signed the surrender document in 1907 was not 21 years of age. He also argued that the affidavit certifying the surrender was not properly sworn according to the statutory standards in place at the time. After reviewing the additional evidence and submissions provided by the First Nation, Canada reconsidered its position and offered to negotiate the First Nation's claim. The First Nation accepted Canada's offer and asked the Commission to act as a facilitator for the negotiations. The Commission released its report into this inquiry in March 1997.

Response: In August 1996, the government accepted the claim for negotiation after considering evidence revealed during an ICC community session.

To download the government's response 

To download the report - PDF