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10/02/1996

Fishing Lake First Nation

Ottawa (October 2, 1996) - The Government of Canada has agreed to enter into negotiations for compensation with the Fishing Lake First Nation in Saskatchewan. The First Nation's claim, which was submitted to the Minister of Indian Affairs on March 23, 1989 concerns the surrender and subsequent sale of approximately 13,170 acres of reserve land on August 9, 1907. The government has concluded that they have a lawful obligation to the First Nation within the meaning of the federal government's 1982 Specific Claims Policy.

In its submissions to the Minister of Indian Affairs, the First Nation challenged the validity of the surrender. The First Nation maintained that the surrender is invalid and not binding on the First Nation for noncompliance with the requirements of the Indian Act. They also maintained that the Government breached its trust or fiduciary obligations owed to the First Nation in obtaining the surrender.

The Government originally rejected the First Nation's claim in February of 1993 and again in June of 1995 following the presentation of further information and legal arguments by the First Nation. The First Nation made an application to the Indian Claims Commission (ICC or the Commission) to conduct an inquiry into the rejection of the claim. The ICC accepted the First Nation's application and an Inquiry was undertaken.

ICC Commissioner Roger Augustine said he is pleased that the ICC's unique inquiry process has helped the First Nation and Canada to resolve their dispute over the land claim so they can get to the negotiating table. "The fact that this claim is now accepted for negotiation shows a willingness on the federal government's part to revisit its past legal opinions when provided with further clear evidence. This is a good sign for First Nations and Canadians alike because it provides an opportunity to settle the claim through negotiation rather than litigation and other adversarial means. Our process is effective because it allows for the full and open exchange of documents and provides an opportunity for the parties to put their minds to the issue."

The Inquiry began with the parties discussing their positions as well as matters such as third party interests at a Planning Conference chaired by the ICC in February 1995. Further information was submitted to the ICC including information from the Elders of the First Nation at a Community Session held on the Fishing Lake reserve on July 27, 1996. It was just prior to the legal argument stage of the Inquiry, after further review, that the Government of Canada decided it should reassess their rejections of the First Nation's claim. The decision was a result of detailed correspondence exchanged by the parties and a thorough review of extensive historical documentation and research reports. This review was in preparation for the legal argument stage which precedes an actual ICC inquiry session.

To download the report PDF