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19/02/1998

Indian Claims Commission recommends negotiations between Canada and six First Nations regarding flooding of reserve lands in the Qu'Appelle Valley

Ottawa (February 19, 1998) - The Indian Claims Commission (the Commission or the ICC) was in Regina today to release its report on the claim of the Qu'Appelle Valley Indian Development Authority (QVIDA). QVIDA was established in 1979 to represent the interests of its member First Nations with regard to the use and development of land and water resources in the Qu'Appelle Valley. Eight Saskatchewan First Nations are members of QVIDA, and six of these participated in the inquiry. The four "western" bands in QVIDA are the Piapot, Muscowpetung, Pasqua and Standing Buffalo First Nations. The "eastern" bands are the Sakimay, Cowessess, Kahkewistahaw and Ochapowace First Nations. Although the Piapot and Kahkewistahaw First Nations decided not to participate in the inquiry, they also have flooding claims against the Government of Canada.

After signing Treaty 4 in 1874, the QVIDA First Nations chose reserves in the Qu'Appelle Valley and settled there. All of the reserves were located near the river, and the First Nations used the Valley's abundant natural resources to develop economies that make use of this invaluable source of water. The relative flatness of the area meant that the haylands were flooded every year, a constant "natural irrigation" that produced large quantities of high quality hay. Other products include livestock, firewood, agricultural products, senega root, wild berries and small game. The First Nations also used various lakes for fishing. The Indians supplemented their livelihood by trading, working off-reserve and transporting goods and hay, tanning leather and looking after cattle on the agency's farm.

This claim can be traced back to the great drought in the 1930s, which turned most of the Canadian Prairies into a parched dust bowl. The poor farming conditions were further aggravated by the global economic crisis. These events prompted the federal government to establish the Prairie Farm Rehabilitation Administration (PFRA), which was responsible for ensuring the rehabilitation of regions affected by the drought and the conservation of surface water reserves for domestic use, for watering the herds and for irrigation. To this end, the PFRA planned to build dams in the Qu'Appelle Valley to store annual spring precipitation and use this water for irrigation during dry seasons. Although these dams were beneficial for agriculture in the region, it was also evident at that time that higher water levels behind the dams would flood the First Nations' reserve lands and valuable haylands.

In 1942, a control structure was built on Echo Lake, which resulted in the continual flooding of certain sections of the Muscowpetung, Pasqua and Standing Buffalo reserves. There is no evidence that the bands authorized the project, or that they were even consulted about the dam. Although federal departments had agreed that the Muscowpetung and Pasqua bands were entitled to compensation, the bands were never compensated. It was not foreseen that the Standing Buffalo reserve would also be flooded, so it was not considered. With respect to the eastern bands, the construction of dams on Crooked and Round Lakes also began, which would result in the flooding of reserve lands belonging to the Sakimay, Cowessess and Ochapowace bands. The PFRA did not consult the affected bands, but paid them $3,330 in compensation in 1943 for damage to the reserve lands caused by flooding.

In any case, the construction of dams resulted in the permanent or occasional flooding of certain portions of reserve lands. The immediate area was negatively impacted through the loss of shelter and food, which led to a decrease in small game populations. Ultimately, the flooding had serious adverse effects on the Indians' economic activities and the benefits their reserves provided.

In 1977, the PFRA attempted to settle requests for compensation with the Pasqua, Muscowpetung and Standing Buffalo bands. The First Nations, represented by a legal advisor, reached a settlement with the PFRA and received a lump-sum payment of $265,000. Shortly after this settlement was reached, the new band councils for these First Nations voted to nullify the 1977 settlement, asserting that the flooded lands were, essentially, permanently alienated. In 1979, the First Nations formed QVIDA to address this situation. The issue was not resolved, and in 1986 the QVIDA bands submitted specific claims to the Department of Indian Affairs in order to receive compensation, citing the illegal disposition and flooding of their respective reserves. When Indian Affairs closed the file in 1994, the bands contacted the Indian Claims Commission to ask that an inquiry be conducted.

After the inquiry into this claim, the Commission determined that Canada had a legal obligation to the QVIDA First Nations, which it did not meet with regard to the unlawful use of their reserve lands for the purposes of flooding. In reviewing the history of the claim, the Commission discovered that authorization was not given to build the dams, either by surrender or expropriation, as required under the express provisions of the Indian Act. Since the necessary authorization to flood these lands was not received, the PFRA in fact trespassed on the reserve lands of the six First Nations, starting in the early 1940s until at least 1977, and continues to trespass on the Sakimay, Cowessess and Ochapowace reserves to this day.

"The evidence clearly shows that the First Nations were never consulted, and that the required authorization was never received before flooding their reserve lands," noted Commission Co-Chair, James Prentice. "The QVIDA First Nations have established that the Government failed to discharge its lawful obligations towards them by wrongfully authorizing the use and occupation of reserve lands by the PFRA without valid surrender or expropriation for public purposes. The parties must discuss how Canada can properly acquire the reserve lands in order to maintain the control structures, and they must also discuss the compensation to be paid to the First Nations for the flooded lands and related damage. Amounts previously received by the First Nations must, of course, be taken into account in discussions regarding this compensation, but we are confident that the parties will be able to settle the outstanding issues, provided they are willing to negotiate in good faith."

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 report PDF