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Blood Tribe/Kainaiwa Land Claim Report Released
Ottawa (July 18, 1999) - The Indian Claims Commission today released its report on the surrender of 440 acres of reserve land in southern Alberta. The Blood Tribe/Kainaiwa say the land was improperly surrendered to the federal government in 1889 under "undue duress" in breach of both the Indian Act and the government's fiduciary obligations. The Blood Tribe/Kainaiwa brought the claim to the Commission after the federal government rejected the claim in 1996. Since the acceptance was achieved in April 1998 while the claim was mid-Inquiry, there was no need for the Commission to make recommendations. "The Commission commends the parties for their cooperation regarding matters of substance and form throughout the proceedings. We affirm and encourage this spirit of justice and fairness during the negotiations for settlement, being ever mindful of both the passage of time since the events precipitating this inquiry, and those elders of the Blood Tribe/Kainaiwa who await a just resolution to this matter." The government accepted the claim after the Commission led an extensive review of the historical record, including elders’ testimony on the details of the surrender vote. This evidence, in light of the Apsassin decision of the Supreme Court of Canada, persuaded Canada that it had an outstanding lawful obligation to the Blood Tribe/Kainaiwa. 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 download the backgrounder To download the report PDF
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