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11/11/2008
ICC Panel recommends Canada not accept the Neskonlith, Adams Lake, and Little Shuswap Bands’ Claim Regarding Reserve Creation in 1862 - November 2008
The Indian Claims Commission (ICC) has concluded its inquiry into whether a reserve had been legally created for the pre-confederation predecessors of the Neskonlith, Adams Lake, and Little Shuswap Indian Bands in or around 1862.
The inquiry focused on these questions:
Was a reserve legally created in 1862?
If a colonial reserve was created, was it reduced by the colonial administration?
If it was reduced, did the colonial or federal Crown breach the honour of the Crown or any fiduciary duty?
The panel concluded that a reserve was not legally created by the colonial government: the land had not been set apart by the Crown, and it was only in 1865 that Crown officials had any knowledge of the boundaries created by Chief Neskonlith. Without the Crown knowing the boundaries, there could be no meeting of the minds or common intention to create a reserve. Also, Governor Douglas did not have the intention to create a legally-binding reserve for the Shuswap tribe in 1862, nor could he delegate to an Assistant Commissioner of Lands and Works the authority to confirm land as an Indian reserve.
As a result of these findings, the panel recommended that the claim of the Neskonlith, Adams Lake and Little Shuswap Indian Bands regarding the Neskonlith Douglas Reserve not be accepted for negotiation under Canada’s Specific Claims Policy.
The panel for this inquiry consisted of Commissioners Sheila G. Purdy (Chair), Jane Dickson-Gilmore, and Daniel J. Bellegarde.
To download the report - PDF 