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ICC Finds Canada Has Outstanding Treaty Land Entitlement to the Lucky Man Cree Nation
The Indian Claims Commission (ICC) has concluded its Phase II inquiry into the treaty land entitlement (TLE) claim of the Lucky Man Cree Nation near Battleford, Saskatchewan. The panel determined that Canada has an outstanding obligation to provide land to the Lucky Man Cree Nation under the terms of Treaty 6. The panel, composed of Chief Commissioner Renée Dupuis, Commissioner Alan C. Holman and Commissioner Jane Dickson-Gilmore, concluded that TLE shortfall remains, even after taking into account TLE lands provided under the Treaty Land Entitlement Settlement Agreement signed between the First Nation and Canada in 1989. “In 1989, because the Lucky Man Cree Nation had never had a reserve to itself, Canada and the First Nation agreed that Canada should set aside TLE lands for sixty people,” said Chief Commissioner Renée Dupuis, “but the parties also agreed that if a shortfall continued to exist, the First Nation could make a claim for additional treaty land.” The Lucky Man Cree Nation alleged that an outstanding treaty land entitlement continued even after the settlement agreement, under the terms of Treaty 6, which provided 128 acres of land for each band member. In 1887, Canada surveyed a reserve for both the Little Pine and Lucky Man Bands. Some Lucky Man band members continued to live there although most band members left the area for the United States as a result of the North-West Rebellion. As a result of a TLE settlement agreement with the Little Pine First Nation, the reserve surveyed in 1887 has been credited entirely to Little Pine. In the first phase of this inquiry, the parties asked the ICC to determine the date of first survey. In March 1997, the Phase I panel reported that 1887 was the appropriate date for calculating the whether the First Nation had a historic treaty land shortfall. After negotiations, the parties asked the ICC to conduct a further inquiry into whether a shortfall existed. About the Indian Claims Commission 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. A copy of this release and of the inquiry report can be found on the Indian Claims Commission website at www.indianclaims.ca For further information, please contact: Media and Communications Officer
Marieke Grimes
613 947-9330 To download backgrounder To download report - PDF
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