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21/12/1993

Athabasca Denesuline Report Released

Ottawa (Dec. 21, 1993) - The Indian Claims Commission released its report today regarding aland claim of the Fond du Lac, Black Lake and Hatchet Lake First Nations (the AthabascaDenesuline) located in northern Saskatchewan. The claim arises from Canada's denial that these First Nations have Treaty harvesting rights in the Northwest Territories based on Treaties 8 and 10.

The Athabasca Denesuline had originally pursued their claim through the Department of Indian Affairs and Northern Development (DIAND) who rejected the claim in 1989. In December 1992 the First Nations requested an inquiry into Canada's rejection of their claim. The Commission agreed and commenced its inquiry in January 1993.

"The Commission finds that the Athabasca Denesuline have treaty harvesting rights to hunt, fishand trap throughout all of their traditional territories, which include lands north of the 60th parallel, and that the Government of Canada has an obligation to recognize and protect those rights," said Chief Commissioner Harry LaForme.

"However, Canada's Specific Claims Policy, as it presently stands, is ill-equipped to deal withthis type of grievance. Other processes, such as the administrative referrals process, may be more appropriate. Therefore, we recommend that the Department of Indian Affairs and the Athabasca Denesuline enter into discussions under the administrative referrals process to ensure that the treaty harvesting rights of the Denesuline people are respected and fulfilled." The Indian Claims Commission was established under the Inquiries Act by the Government of Canada in consultation with First Nation Chiefs across the country. 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 date, 74 claims from First Nations have been submitted to the Commission for review. This year, the Commission completed three inquiries, issued two reports on findings andrecommendations and is currently working on 36 claims.

Eleven claims have been accepted and are in various stages of the inquiry process. Nineteen claims are currently being considered and six claims involve mediation. In 13 cases, First Nations found that as a direct result of bringing their claims to the Commission they were able toinvolve themselves in direct negotiations with DIAND.

To download the report PDF