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06/03/1998

Saskatchewan First Nation's Claim Accepted for Negotiation by Canada

Ottawa (March 6, 1998) - The Indian Claims Commission (the Commission) today released its report on the claim of the Sturgeon Lake First Nation, located near Prince Albert, Saskatchewan. The First Nation approached the Commission after Indian Affairs declined to consider their claim because "...the events on which the grievance is based are recent. The Specific Claims process is intended to address long-standing historical grievances." As a part of the Inquiry, the ICC held a Planning Conference to facilitate discussion between the parties. During this phase, Canada agreed to accept the First Nation's claim for negotiation.

"It is important to provide the parties an opportunity to consider alternatives to a full inquiry before engaging in a formal process to determine whether Canada owes an outstanding lawful obligation to the First Nation," said ICC Commissioner Carole Corcoran. "If negotiations can be started at this stage, there is no need for a full inquiry. Both parties gain substantial savings in time and expense in dealing with the claim."

The Sturgeon Lake First Nation claim concerned a failed lease of reserve land which resulted in a financial loss to the First Nation. In 1982, the Band and Red Deer Holdings Ltd. (RDH) asked the Department of Indian Affairs to issue an Agricultural Permit to RDH on behalf of the Band. In order for any third party to use or occupy reserve land lawfully, this permit had to be obtained. When the "lessee" defaulted on payments, the First Nation contended that the Department of Indian Affairs should have collected monies owed to the Band. The First Nation argued that the federal Crown breached its lawful obligations arising out of their administration of Indian lands by, among other things, permitting the lessee to crop and harvest on the reserve without an Agricultural Permit as required by the Indian Act. The result was an alleged loss to Sturgeon Lake of some $73,000.00.

One of the central issues the Commission had been asked to review was the validity of Canada's reason for declining to consider Sturgeon Lake's claim - namely, that it did not constitute a "long-standing historical grievance". During the Commission's Planning Conferences, it was revealed that the Department of Indian Affairs' interpretation of a "long-standing historical grievance" means that it will not accept claims for negotiation that are not at least 15 years old. This "15-year Rule" is not explicitly stated anywhere in the Department's Specific Claims Policy, Outstanding Business (1982). Commissioners found that it was inconsistent for Canada to arbitrarily insist on a 15 year waiting period, given the stated objective of the Policy, which is to address all outstanding claims "between Indians and Government which for the sake of justice, equity and prosperity now must be settled without further delay."

The Commission's report points out that imposing a 15-year wait not only delays justice but is tantamount to asking the First Nation to assume the risk that first-hand knowledge, salient evidence and important documents may be lost. Further, a First Nation with a recent claim has no other option but to pursue litigation, which increases both time and costs dramatically. Canada's policy, Outstanding Business, expressly states that the resolution of claims has long been a concern to both the Government and First Nations.

Commissioners therefore recommended that Canada should withdraw its arbitrary, internal "15 year" policy ("15-year Rule") and notify all First Nations whose claims have been refused for consideration on this basis.

"Given the unanimous agreement of the parties regarding the need for claims to be resolved in a more fair and timely manner, it is clear that this arbitrary waiting period should be struck from the Policy," said Co-Chair James Prentice. "We can see in cases like this that there is a valid claim and a basis for settlement. There is no reason justice should be put on hold until a grievance becomes "long-standing" or "historical"."

The Sturgeon Lake First Nation has not yet confirmed its intention to enter into negotiations with Canada on the basis offered, but the acceptance should provide a foundation for a negotiated settlement between the parties.

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