News

2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000 | 1999 | 1998 | 1997 | 1996 | 1995 | 1994 | 1993 | 1992

28/01/2009

ICC Recommends Carry the Kettle First Nation’s 1905 Surrender Claim Not Be Accepted for Negotiation

Ottawa (January 28^th, 2009) -  A panel of the Indian Claims Commission (ICC) today issued an inquiry report which concluded that the federal Crown did not exceed its jurisdiction under the Indian Act or breach its fiduciary duty when it consented to the 1905 surrender of the southern portion of Carry the Kettle’s reserve.

Carry the Kettle First Nation is descended from the Assiniboine bands who were living in the Cypress Hills and who adhered to Treaty Four in September 1877. Indian Reserve 76 was created for Carry the Kettle Band at Indian Head and in 1889 was confirmed as a reserve encompassing 46,854 acres.

In December 1904, the Band requested permission to surrender the nine southernmost sections of the reserve, amounting to 5,760 acres. A surrender of the nine sections was taken on April 26, 1905. One month later the Governor in Council approved the surrender and the following February, the surveyed sections were sold at auction. Proceeds of the sale were distributed consistent with the conditions of the surrender, as specified by the Band, including repayment of the Band’s debts to the department and the purchase of some farming equipment.

The panel considered several issues, including: whether the Governor in Council exceeded its jurisdiction under the Indian Act when it consented to the surrender and later used the proceeds of the sale as were set out in the surrender document. It also considered whether the surrender was taken in compliance with the requirements of the Indian Act, and whether Canada had breached any fiduciary duty to the First Nation.

The panel concluded that "the Crown did not breach the law when it permitted the Band to surrender land in 1905. The Band initiated and fully understood the consequences of the surrender. On the basis of the historical evidence, it was reasonable for the Band to sell these sections of the land."

Carry the Kettle First Nation submitted a claim under the federal Specific Claims Policy in 1988, challenging the validity of the 1905 surrender of a portion of its reserve. In May 1994, the Minister of Indian Affairs rejected this claim, and the First Nation then applied to the ICC for an inquiry into the rejected claim. On December 1, 1994, the ICC agreed to conduct the inquiry, but at the request of the First Nation, it was placed in abeyance until November 2004.

The ICC was established in 1991 to conduct inquiries at the request of First Nations into specific claims that have been rejected by the federal government or where the First Nation disputes the compensation criteria being considered in negotiations. In addition, the ICC provides mediation services at the request of the parties for claims in negotiation.

By Order in Council, the Indian Claims Commission will formally close its doors on March 31, 2009. This is one of the last reports that will be completed by this Commission.

To download report - PDF