Kawacatoose First Nation [Treaty Land Entitlement]
March 1995 The Kawacatoose First Nation of southern Saskatchewan claimed an outstanding land entitlement under Treaty 4, signed by Chief Kawacatoose in September 1874. Although enough land was surveyed for 212 people in 1876, the First Nation asserted that two families were not counted as members of the Band, resulting in a shortfall of land on the date of first survey. They also argued that a number of people either adhered to treaty or joined the Band after the date of first survey, and that none of these people have been counted for entitlement purposes elsewhere. Canada rejected the Band's claim, despite the fact that similar claims had been accepted and settled under the 1992 Saskatchewan TLE Framework Agreement (to which Kawacatoose was not a party). By agreement of the parties, three questions were placed before the Indian Claims Commission: 1) Who should be included as a member of the Band? 2) What happens if treaty Indians join the Band after the reserve has been surveyed? 3) What is the applicability of the 1992 Saskatchewan TLE Framework Agreement to the Kawacatoose First Nation? After an extensive analysis of the evidence provided in the documents and by elders of the First Nation, the Commission found as follows: 1) 13 individuals of two families were members of the Kawacatoose Band and should be included in calculating treaty land entitlement. 2) In determining the full and proper meaning of the land entitlement formula set out in Treaty 4, every Indian entitled to be included in Kawacatoose's entitlement calculation had not been included. 3) The terms of the 1992 Saskatchewan TLE Framework Agreement did not impose an obligation on Canada to accept the claim for negotiation. However, the Commission did recommend that Canada and Saskatchewan support an extension of the principles of settlement contained in that Agreement if the claim is accepted for negotiation.
The Commission report, released in March 1996, recommended that the treaty land entitlement claim of the Kawacatoose First Nation be accepted for negotiation under Canada's Specific Claims Policy. Response: The Government accepted the claim for negotiation. The claim was settled in October 2000 for $23 million in federal compensation. Download Government Response Click Here for the Report |
