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02/05/1997

Indian Claims Commission Recommends Saskatchewan First Nation Claim be Accepted for Negotiation by Federal Government

Ottawa (May 2, 1997) - The Indian Claims Commission (the Commission) today released its report on the Inquiry into the claim arising from the 1909 surrender of Indian Reserves 112 and 112A by Saskatchewan's Moosomin First Nation. The Commission found that Canada breached its fiduciary obligations and owes an outstanding lawful obligation to the First Nation. The surrendered land lies between the Battle and Saskatchewan Rivers, twelve miles west of Battleford.

"There is ample evidence -- including extensive government documentation -- that the Moosomin people were thriving. They were farming fertile, prime land and naturally they were unwilling to leave it," said Commissioner Carole Corcoran. "We found, however, that the federal government of the day consistently ignored the people's pleas and letters of refusal and continued to arrange for a surrender."

On May 7, 1909, the Moosomin Band surrendered 15,360 acres of some of the best agricultural land in Saskatchewan in exchange for a remotely-located reserve that Indian Commissioner William Graham in 1930 described as "hilly, stony, in a frost belt and practically useless as a farming proposition." The Band's entire livelihood was destroyed as a result of the move.

Even though the Department's records are replete with information on virtually every other subject involving the Band, there is a startling absence of any details of the alleged surrender meeting. The Commission questioned whether a surrender meeting and vote were even held on the day of the surrender, particularly since some members of the Band, unaware that a surrender had been given, later had to be removed from the reserve under police escort. In light of the lack of specific evidence regarding the surrender, the Commission was unable to determine whether the formal surrender requirements of the 1906 Indian Act were satisfied. However, the Commission concluded that the Crown breached its fiduciary obligations to the Band in three ways. First, the Crown engaged in "tainted dealings" by pressing for the surrender in the interests of non-aboriginal settlement while failing to respect and honour the Band's desire to remain on the lands allocated to it under Treaty 6.

Second, the Crown overwhelmed and usurped the Band's decision-making power in relation to the surrender and in effect substituted its own decision for that of the Band. Finally, with respect to the Crown's duty to protect bands by rejecting surrenders that are foolish, improvident and exploitative, the Commission concluded:

"The evidence is clear that the surrender was foolish, improvident and exploitative, both in the process and in the end result. The Crown's failure to prevent the surrender under these circumstances amounted to a breach of fiduciary duty."

In the result, the Commission's Report recommends that the Band's claim be accepted for negotiation under the Specific Claims Policy.

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