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14/04/2000
Commission Recommends Against Negotiation of The Key Band Claim
Ottawa (April 14, 2000) - In a report released today, the Indian Claims Commission found that the federal government does not have an outstanding lawful obligation to The Key Band of eastern Saskatchewan regarding the surrender of approximately 11,500 acres of treaty reserve land in 1909.
The Key Band requested an inquiry after the federal government rejected the claim as outside its Specific Claims Policy. In the inquiry, The Key Band claimed the government had "breached its lawful and beyond lawful obligations in obtaining the alleged surrender" of about half of the Band's original reserve (IR 65), set aside in 1883 under the terms of Treaty 4. The Band also claimed the government used "undue influence", "negligent misrepresentation" and did not comply with Indian Act regulations in taking the land.
In particular, the First Nation argued that Treaty 4 requires a higher level of consent from a band in taking a land surrender than does the Indian Act. It also argued that a group known as the Shoal River Indians were actually members of The Key Band at the time and were not consulted on the surrender.
After a careful review of all evidence presented, including hand-writing analyses and elders' oral history, the Commission recommends "that the claim of The Key First Nation regarding the surrender of a portion of IR 65 not be accepted for negotiation under Canada's Specific Claims Policy."
The Commission found no evidence of a higher consent requirement under Treaty 4 or that the Shoal River Indians were members of The Key Band. In addition, using the test established by the Supreme Court in the Apsassin decision, the Commission found no evidence that the federal government breached its fiduciary obligation to ensure that the Band's interests were protected.
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.
