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22/03/2007
No Further Obligation Owed to James Smith Cree Nation, Says ICC Panel
Ottawa (March 22, 2007) – The Indian Claims Commission (ICC) has concluded its inquiry into the treaty land entitlement claim of the James Smith Cree Nation near Fort à la Corne, Saskatchewan and it found that the James Smith Cree Nation has sufficient reserve land on Indian Reserve (IR) 100.
The panel, composed of Chief Commissioner Renée Dupuis and Comissioner Alan C. Holman, concluded that there is no outstanding treaty land entitlement owed to the James Smith Cree Nation.
“As a result of an invalid surrender and amalgamation in 1902, the Cumberland House Cree Nation has been deprived of its interest in IR 100A,” said Chief Commissioner Dupuis. “Given that the amalgamation is, in our view, invalid, the IR 100A lands should not have been transferred to the James Smith Cree Nation. The result is that a surplus, not a shortfall, exists in favour of the James Smith Cree Nation.”
The panel also examined issues regarding the quality and location of the land set aside as a reserve for the James Smith Cree Nation. The evidence shows that the Crown set aside the land chosen by the First Nation to support multiple uses, such as farming, hunting and fishing, and that some settlers were moved to accommodate its choice.
The panel found that the First Nation was adequately consulted, that the lands chosen were agreed to by both the Crown and the First Nation and that Canada owes no further obligation to the James Smith Cree Nation regarding the quality or location of land selected as IR 100.
The James Smith Cree Nation alleged that an outstanding treaty land entitlement existed under the terms of Treaty 6, which provided 128 acres for each band member. In 1884, the population of the James Smith Cree Band (the present day James Smith Cree Nation) was determined to be 139. The First Nation claimed that this was incorrect and that a shortfall of land existed.
Following research conducted during the course of ICC's inquiry, both the Crown and the First Nation agreed on a total population figure of 155, representing a 16-person shortfall. Canada’s position throughout the inquiry was that this shortfall was more than adequately fulfilled when the James Smith Band at IR 100 and the Cumberland Band at IR 100A were amalgamated in 1902.
In March 2005, the panel of Commissioners found this amalgamation was invalid, and that the Crown had failed to fulfill its treaty and fiduciary obligations to the Cumberland House Cree Nation. The panel also found that a surplus of reserve land in favour of the James Smith Cree Nation was created when 2,048 acres were transferred to it at the time of amalgamation. In the panel's view, the Crown acted improperly when IR 100A lands were added to IR 100.
These recommendations conclude the Commission’s inquiries into four separate, but related claims, submitted by the James Smith Cree Nation and the Cumberland House Cree Nation. These inquiries proceeded concurrently. In March 2005, three of the inquiries were concluded. The report released today brings to a close the fourth inquiry, into the James Smith Cree Nation’s treaty land entitlement claim.
The ICC was established in 1991. Its mandate is: to inquire, at the request of a First Nation, into specific claims that have been rejected by the federal government or where the First Nation disputes the compensation criteria being considered in negotiations; and to provide mediation services on consent of the parties at any stage of the claims process.
To download the report - PDF 