Backgrounder

The Indian Claims Commission (ICC) received the Bigstone Cree Nation's request for a review of their twice rejected Treaty Land Entitlement (TLE) claim in April, 1996. Their claim, first rejected by the Office of Native Claims (ONC) in 1989 is that Canada has not fulfilled its obligation under Treaty 8 to provide treaty land to the Bigstone Cree Nation.

The claimant's traditional territory is in Northern Alberta, in the Wabasca area and in several separate settlements sometimes referred to as "the isolated communities". These include Trout Lake, Calling Lake, Chipewyan Lake, and Peerless Lake. There were other historical settlements within Bigstone's traditional territory -- these were or are Pelican Portage, Moose Portage, Rock Island Lake, Orloff Lake, Muskwa Lake, Long Lake, and Manitou Lake.

At issue is whether the year used for the Date of First Survey (DOFS) was 1913 (as Canada maintains) or 1937 at the earliest (as the First Nation contends). The Bigstone First Nation first adhered to Treaty 8 on August 14, 1899. The initial reserves for Indians domiciled at Wabasca were set aside 15 years after the First Nation's request for same. Wabasca IR Nos. 166, 166A and 166B were formally set aside in 1924 and 1925 and Wabasca IR No. 166C was not confirmed until 1930. Wabasca IR No. 166D was set aside for the First Nation in 1958.

In an effort to satisfy their obligations under Treaty 8, Canada surveyed additional lands in 1937 and created a reserve for the Bigstone Cree Nation. This reserve was confirmed as such in 1958 ; a final reserve, Jean Baptiste Gambler IR No. 183 , was created and then confirmed in 1966. by that time the Bigstone Cree Nation had accumulated six reserves, totalling 51,932.5 acres, besides the "isolated communities" mentioned above. These lands did not represent the total land entitlement owing to the First Nation.

Canada's second rejection in March 1996, brought to the Commission in April 1996, was based on their longstanding policy of restricting entitlement to the population at the date of first survey of reserve lands -- in this case, 1913. The claimant disagrees on the basis that the population figure from 1913 relied upon by Canada is inaccurate and does not reflect the full extent of the membership at that time. "

In response to their request for an inquiry, the Commission has agreed to reexamine the TLE claim of the Bigstone Cree Nation on the basis of broad principles enunciated in its recent trilogy of TLE reports.

On October 10, 1996, the Indian Claims Commission (ICC) held a Community Session at Wabasca-Desmarais (IR No. 166C) after preliminary visits by staff, including lawyers to hear the "will-says" (what evidence would be presented). Commission staff have also met with Elders from two other communities, Trout Lake and Peerless Lake, in preparation for further community sessions.