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20/03/2003

Commission Recommends Negotiation of Alexis Claim

Ottawa (March 20, 2003) - In a report issued today, the Indian Claims Commission (ICC) recommends that the federal government accept for negotiation a claim by the Alexis First Nation involving the federal Crown's grants of three rights-of-way to Calgary Power (now TransAlta Utilities) on the Band's reserve during the 1950s and 1960s. Alexis First Nation is located about 60 kilometres northwest of Edmonton, Alberta.

The First Nation maintained that the Government of Canada failed to protect the Band's interests in each of the three transactions. The focus of the claim, however, was Calgary Power's construction in 1969 of a transmission line across the reserve, for which the Band received a lump sum payment. The First Nation claimed that Canada failed to achieve fair and reasonable value for Calgary Power's use of reserve land under the 1969 agreement, resulting in a continuing loss of revenue until the late 1990s, when the First Nation began collecting tax revenue from the corporation.

The First Nation requested an inquiry into its claim in October 1999. The First Nation argued that the federal government's inactivity on its claim amounted to a rejection. In April 2000, the Commission ruled that the claim was deemed rejected and an inquiry could proceed. In January 2001, the federal government completed its review and informed the First Nation that the claim was rejected.

Members of the Commission panel included Commissioners Roger Augustine, Daniel Bellegarde and Sheila Purdy. The panel concluded that the Government of Canada owes an outstanding lawful obligation to the Alexis First Nation.

Chief Commissioner Phil Fontaine said that the panel's findings led it to a number of conclusions that supported the First Nation's claim: "As our report indicates, the Crown failed to prevent an improvident or exploitative arrangement. In applying the test used in the Apsassin case of the reasonable person managing his own affairs, we concluded that the Crown would not have made such a deal for itself in 1969, given its knowledge that a one-time, lump sum payment was inadequate compensation for a long-term interest in reserve land. In addition, we found that in this case, the Crown had an ongoing duty after 1969 to take steps to recoup the losses under the expropriation agreement by assisting the First Nation to implement its taxation authority, if necessary collecting tax revenues from Calgary Power on the First Nation's behalf."

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 backgrounder 

To download the report PDF