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06/12/1995
Claim for Treaty Land Entitlement Found to be Valid
Ottawa (December 6, 1995) - The Indian Claims Commission (ICC) today released its Report on the Inquiry into the Treaty Land Entitlement Claim of the Fort McKay First Nation.
The Commission's Report concludes that Canada is in breach of its obligation under Treaty 8 to provide land in accordance with the Treaty and the assurances given by Treaty Commissioners in 1899 when Treaty 8 was signed. The Report further finds that Canada owes a lawful obligation to the Fort McKay First Nation to provide treaty land for l35 people, rather than l05 people.
In releasing the report, Jim Prentice, QC, Co-Chair of the Indian Claims Commission, stated, "Because of the many Treaty Land Entitlement disputes across the Prairies, the Commission attempted to define principles which will assist in the settlement of other Treaty Land Entitlement cases in Canada".
He continued... "It is of vital importance that the Government of Canada work together with First Nations to fulfil the obligations of these treaties and the unfinished business of previous administrations. When these matters have been resolved and the treaties fulfilled, First Nations and Canadians can work together in harmony towards a new co-existence."
The Fort McKay First Nation is located l05 km north of Fort McMurray, Alberta and 550 km north of Edmonton. The Fort McMurray area is know for its rich oil sands.
The report of the ICC will not result in immediate transfer of lands as the mandate of the Commission is to independently assess specific land claims and make recommendations to the Federal Government. In this case, the Commission recommends the Fort McKay First Nation and the Government of Canada negotiate a solution. The two parties involved in negotiations will determine the nature of compensation.
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.
