Gambler's First Nation [Treaty Land Entitlement] – October 1998
The central question in this inquiry was whether the Gambler's First Nation had received its full treaty land entitlement (TLE) as part of a group of Saulteaux Indians, known as the Fort Ellice Band. During Treaty 4 negotiations, O-ta-ha-o-man, or "The Gambler," was the main spokesperson for the Band, although Treaty 4 indicates that the Band was led by Chief Waywayseecappo. In 1877, the Government of Canada surveyed a reserve for Chief Waywayseecappo's Band. Then, in 1883, the Gambler and his followers in Waywayseecappo's Band sought and received recognition as a separate Band, and the government surveyed a reserve for them. The Indian Claims Commission (ICC) was asked to consider whether the Gambler's TLE should be based on the population of the Fort Ellice Band under Chief Waywayseecappo in 1877 or on the population of the Gambler's Band in 1883, when the survey was completed for the separate reserve. Under the terms of Treaty 4, Canada agreed to set aside reserves of one square mile for each family of five, or 128 acres per person. However, the treaty did not specify when a band's population was to be calculated for the purposes of determining the area of reserve land to be set aside for its collective use, nor did the treaty specify the respective rights and obligations of factions within a band. The ICCs extensive review of the historical record confirmed that the Gambler and his followers and Waywayseecappo and his followers were a single band in 1877 and that it later split into two. Apart of the original reserve was surrendered in exchange for the new reserve set apart for the Gambler's Band in 1883. But the 1877 survey had already been properly approved by the entire Band. As a result, the ICC concluded that the First Nation failed to establish that its TLE should be based on the population at the time of the 1883 survey, and its outstanding entitlement, if any, should be based on the 1877 population. The ICC was not asked in this inquiry to determine how much land the First Nation may be entitled to or whether an outstanding entitlement to land is still owed by the federal government. A report was released in October 1998. Response: In November 1998, the government accepted the Commission's recommendation that the outstanding entitlement, if any, should be based on the 1877 date of first survey. To download the government's response - PDF  To download the report - PDF |
