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10/02/2003

ICC Issues Report on Canupawakpa Inquiry

Ottawa (October 2, 2003) - The Indian Claims Commission (ICC) today issued its report on a claim by the Canupawakpa Dakota First Nation that the 1909 surrender vote for Turtle Mountain IR 60 was improperly taken. The Commission found that the reserve had been validly surrendered and that Canada's conduct as a fiduciary had been reasonable and prudent.

"Canada has demonstrated that it conducted itself with the required diligence," notes the report.

The First Nation's claim was rejected by Canada in January 1995. On May 11, 2000, the First Nation requested the ICC to hold an inquiry into the 1909 Turtle Mountain IR 60 surrender.

In reporting on the results of its inquiry, the Commission exercises its "supplementary mandate", which calls on the Commission to draw to the attention of the government any circumstances where it considers the outcome to be unfair, even if those circumstances do not give rise to an outstanding lawful obligation.

Commissioners Roger J. Augustine, Daniel J. Bellegarde and Sheila G. Purdy urge the Government of Canada to recognize the historical connection of the descendants of the Turtle Mountain Band to the lands once occupied by Turtle Mountain IR 60 and, in particular, the lands taken up by the burial of their ancestors.

They recommend "that, after consultation with the Canupawakpa Dakota First Nation and the Sioux Valley Dakota First Nation, the Government of Canada acquire an appropriate part of the lands once taken up by Turtle Mountain IR 60, to be suitably designated and recognized for the important ancestral burial ground that it is."

The Canupawakpa Dakota First Nation, formerly known as the Oak Lake Sioux First Nation, is located 275 kilometres west of Winnipeg. The Turtle Mountain reserve was located on the northwest slope of Turtle Mountain, 100 kilometres southwest of Brandon, Manitoba, close to the United States border.

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