Mikisew Cree First Nation [Treaty Entitlement to Economic Benefits]

The Mikisew Cree First Nation of northeastern Alberta (previously known as the Fort Chipewyan Cree Band) claimed that, under Treaty 8, there was an existing and outstanding lawful obligation on the part of Canada to provide economic benefits to the First Nation. Pursuant to the terms of Treaty 8 (signed by representatives of the First Nation in 1899), the Crown agreed to set aside reserves for those bands desiring reserves. It also agreed to supply various economic benefits such as agricultural tools and implements, livestock, and seed (sometimes referred to as the “cows and ploughs” entitlement). No reserve lands were set aside for the First Nation until an agreement was reached between Canada and the First Nation in 1986. In addition, the First Nation has no record that it ever received the economic benefits promised under the treaty, except for an annual allocation of ammunition. The First Nation first submitted its claim to the Minister for Indian Affairs and Northern Development in January 1993. Three years later, the First Nation had not received a definite answer from the Department of Indian Affairs and Northern Development as to whether its claim would be accepted for negotiation. As a result, in February 1996, the First Nation asked the Commission to conduct an inquiry into its claim. It argued that the Department’s conduct and delay were tantamount to a rejection of the claim. Canada took the position, however, that the Commission had no authority to consider the matter, since the First Nation’s claim had not been rejected. In a letter dated November 18, 1996, the Commission responded to the preliminary question of its authority to conduct the inquiry. The Commission was of the view that Canada had sufficient time to determine whether an outstanding lawful obligation was owed to the First Nation, and that the lengthy delay was tantamount to a rejection of the claim for the purposes of the Commission’s authority to proceed with the inquiry under its terms of reference. On November 20, 1996, the Commission received word that Canada had accepted the claim for negotiation. Accordingly, the inquiry was suspended and the Commission released its report in March 1997.