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27/09/2007

Panel Recommends Sandy Bay First Nation’s Claim Not Be Accepted for Negotiation

Ottawa (September 27, 2007) – In a report released today, an Indian Claims Commission (ICC) panel recommended that Canada not accept the Sandy Bay Ojibway First Nation’s treaty land entitlement (TLE) claim for negotiation.

The panel for this inquiry, composed of Chief Commissioner Renée Dupuis (Chair) and Commissioners Daniel J. Bellegarde and Alan C. Holman, was asked to determine if the Sandy Bay First Nation, located on the southwest shore of Lake Manitoba, had an outstanding treaty land entitlement. To answer this question, the panel needed to establish the First Nation’s population count, calculate how much land it was entitled to according to Treaty 1, and determine how much land was originally set aside for it.

One of the original signatories of Treaty 1 was the Portage Band, which later split into three distinct bands: the Long Plain First Nation, the Portage Band and the Sandy Bay Ojibway First Nation. Each band was to have its own reserve and a proportional share of the original Portage reserve which was a joint reserve for all three bands. Indian Reserve (IR) 5 was confirmed for the Sandy Bay First Nation in 1913. In the 1920s, questions surrounding the eastern boundary of the reserve were raised. The First Nation believed that the lake was the boundary; however, the marshland on the shore of the lake was not confirmed as part of the reserve until the 1930s.

The panel concluded that 12,102 acres were originally set aside for Sandy Bay in 1913, and that no marshland was included in the original reserve. The panel also found that the 3,840 acres of marshland confirmed as part of the reserve in the 1930s cannot be counted as part of the First Nation’s treaty land entitlement, since the fundamental goal of Treaty 1 was to encourage First Nations to settle on reserves and develop an agriculturally based economy. Marshland would not have promoted this goal.

In addition, the panel found that the farms occupied prior to treaty by two band members, which fell within the boundaries of the reserve, should not be credited toward Sandy Bay’s treaty land entitlement, since the band members occupied and improved the lands prior to entering into treaty. The panel noted that lands occupied by First Nation members prior to treaty should be in addition to reserve land granted to the First Nation and should not diminish the First Nation’s TLE. The panel also concluded that both band members should be included in the First Nation’s population count.

The panel found that the population count for Sandy Bay is 207, and that 17 people claimed by both the Sandy Bay First Nation and the Long Plain First Nation should be counted with the Long Plain First Nation. The Commissioners also noted that additional research should be conducted to determine if 38 non-treaty women should be added to Sandy Bay’s population count.

“Due to limited evidence, the panel could not conclude whether to add 38 non-treaty women and  an additional seven people to the Sandy Bay First Nation’s population count. The First Nation declined to hold a community session, which would have made the oral history of its Elders available to the panel and may have clarified the evidence at the panel’s disposal,” said Chief Commissioner Renée Dupuis. “As it stands, the First Nation received enough land for 213 members, even though its population count is 207. Based on the record, we cannot recommend that this claim be accepted for negotiation.”

In 1982, the Sandy Bay Ojibway First Nation submitted a TLE claim that was rejected by the Department of Indian Affairs and Northern Development in 1985. In 1998, the Sandy Bay First Nation requested that the ICC conduct an inquiry into its TLE claim; however, Canada objected to the scope of the inquiry, arguing that it had not been asked to consider all the issues presented to the ICC. The panel ruled that the inquiry could proceed, but that Canada would be given time to consider any new matters. A TLE working group was organized and facilitated by the Commission to assist the parties in sorting out the population count, but it could not agree on a final figure.

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 accepted claims where the First Nation disputes the compensation criteria being considered; and to provide mediation services on consent of the parties at any stage of the claims process.

To download the backgrounder

To download the report - PDF