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21/04/2006

ICC releases report on Blueberry River and Doig River First Nations claim

Ottawa (April 21, 2006) – In a report issued today, the Indian Claims Commission (ICC) provides the background to a claim brought to the ICC by the Treaty 8 Tribal Association on behalf of the Blueberry River and Doig River First Nations. These First Nations formerly comprised the Fort St. John (or Beaver) Band. The claim concerns land for a highway right of way through the Band’s St. John Indian Reserve in the Peace River area of northeastern British Columbia that was transferred to the province in 1934. Since the ICC’s inquiry process commenced, the Crown has recognized that a lawful obligation is owed to the First Nations, and negotiations for appropriate compensation are now underway.

The First Nations contended that the Crown had breached its legal obligations to them by agreeing to transfer lands for a highway right of way through the reserve (IR 172) to the Province of British Columbia, without appropriate notification or compensation to the Band.

In 1934, the Province of British Columbia requested that Canada transfer the land to it in order to create the right of way. The province’s position was that the land was not being used by the Band members and the right of way was needed for nearby settlers. Provincial officials also felt that, since the Indians would benefit from the improved access, the transfer should be free. In 1934, Canada transferred the 32.11 acres of land to the province, without paying compensation or notifying the Band of the transfer.

The Treaty 8 Tribal Association submitted a specific claim to the Department of Indian Affairs and Northern Development on February 13, 1995, on behalf of the Blueberry and Doig River First Nations, claiming that the Crown had breached its legal and fiduciary obligations. Since the First Nations had obtained no decision by late 2003, the ICC agreed to conduct an inquiry on the ground that the claim had been constructively rejected by the Minister.

In 2004, Canada accepted the claim for negotiation, and, for the purposes of negotiation, recognized that a lawful obligation was owed to the Blueberry River and Doig River First Nations . In view of this acceptance, the Commission panel declared the ICC’s inquiry closed on May 31, 2005.

The Indian Claims Commission 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 at the request of the parties for claims in negotiation.

To download the backgrounder

To download the report - PDF