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20/05/2005

Panel Says Amalgamation Invalid

Ottawa (May 20, 2005) – A treaty land entitlement claim (TLE) was one of a group of four claims from the James Smith and the Cumberland House Cree Nations submitted to the Indian Claims Commission for inquiry.

The panel proceeded with the inquiry into the four claims concurrently. In the TLE claim Canada objected to the scope of the inquiry. Following a hearing, the Commission ruled it would proceed with the TLE inquiry, but would allow Canada time to prepare and respond to issues of land quality and lands occupied prior to treaty.

The panel, composed of Chief Commissioner Renée Dupuis and Commissioner Alan Holman, was first asked to decide on the 1902 amalgamation of the James Smith Band and the Cumberland IR100A Band, one of 11 issues before the panel in this inquiry. The report released today only deals with this issue. The panel will deliver a report on all the remaining issues after receiving Canada’s submissions and following a hearing which will be held in the near future.

In the matter of the 1902 alleged amalgamation between the James Smith Band and the Peter Chapman Band, as the Cumberland IR 100A Band was known, the panel found the amalgamation was invalid.

The Indian Claims Commission was established in 1991 to examine, at the request of a First Nation, specific land claims rejected by Indian and Northern Affairs Canada. The Commission also provides mediation services, at any stage in negotiations, to help First Nations and the government settle specific land claims.

To download the report - PDF