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27/09/1995

Indian Claims Commission Recommends that Negotiations be Held Concerning the Loss of Hunting and Fishing Rights

Ottawa (September 27, 1995) - The Indian Claims Commission today submitted a report containing its recommendations regarding the Joseph Bighead, Buffalo River, Waterhen Lake and Flying Dust First Nations land claims. These claims deal with the loss of traditional hunting, trapping and fishing territory when the Primrose Lake Air Weapons Range was created. In 1975, the claimants asked for compensation, pursuant to the Specific Claims Policy, for damage caused by the development of this bombing zone, but their claim was refused. In June 1993 and in February 1994, the Commission agreed to conduct an inquiry into these claims.

The Commission concluded that "the Government of Canada did breach its fiduciary duty by failing to ensure that First Nations people were compensated for lost commercial harvesting rights, consistent with its undertaking to compensate all those whose "property rights in trap lines, etc." were affected by the creation of the range." The Commission noted, however, that in creating the PLAWR the Crown did not breach its treaty obligations towards the claimant First Nations.

"In terms of treaty violations, the Commission found that the creation of the weapons range did not have such a dramatic impact on these communities as it did on the Cold Lake and Canoe Lake First Nations," noted Co-Chair Dan Bellegarde. "The area over which the claimants could exercise their treaty hunting and fishing rights was reduced, but, unlike the people of Cold Lake and Canoe Lake, the claimants were able to continue their traditional activities."

In its report, the Commission recommended that the claims of the Flying Dust, Buffalo River and Waterhen Lake First Nations be accepted for negotiation with respect to lost commercial harvesting rights only. It also pointed out that the claim of the Joseph Bighead First Nation was rejected in accordance with the Specific Claims Policy.

"The loss of commercial hunting and fishing rights certainly did have a negative impact on these communities," added Mr. Bellegarde. "But it is also very evident that they were entitled to some compensation."

These findings are based on the testimony given by Elders during public hearings and on numerous volumes of documentation gathered by Commission researchers, statements submitted by the parties, various maps and other items.

The Commission's report on the Cold Lake and Canoe Lake First Nations claims, which also dealt with the creation of the Primrose Lake Air Weapons Range, was released in August 1993.

To download the backgrounder

To download the report PDF