Backgrounder

In 1956, the Government of Canada abruptly and without prior notice dispossessed the Cold Lake First Nations and Canoe Lake First Nation of 4500 square miles of their traditional land to create a bombing and gunnery range known as the Primrose Lake Air Weapons Range.

The Indian Claims Commission (ICC) conducted Inquiries into the claims of these two First Nations in October 1992. Created by the Government of Canada in consultation with the Assembly of First Nations and the Chiefs' Committee on Claims in the aftermath of the 1991 Oka Crisis, the Commission embodies a consensus existing among Canadians that historical Aboriginal grievances must be quickly and fairly addressed.

The Commissioners were greatly moved by the experience of investigating these claims. They visited the communities and listened to the compelling and uncontradicted narratives of three generations of people who had experienced the devastation of abrupt exclusion from their former trapping, hunting and fishing lands. It had been 40 years since the air weapons range was established, yet this was the first chance these people had to express themselves directly to anybody concerned about their claims. They were deeply appreciative that an Indian Commission such as the ICC had been struck, after all these years, which would travel to their community and listen.

It was clear from the overall historical record that when these First Nations people signed the treaties assurances and guarantees were given by senior government officials and treaty commissioners that the treaties would protect and preserve the peoples' ability to make a living and to remain self-sufficient. The Commissioners were also moved by the peoples' belief that they were giving up these lands temporarily "for the good of Canada". Whatever induced them to depart from their traditional lands, one thing is clear: The creation of the air weapons range completely destroyed their independence. The result was an abrupt and complete termination of a centuries-old traditional lifestyle.

Realizing the tragic consequences of an abrupt dispossession, Indian Affairs attempted to negotiate assistance for the Bands in beginning a new livelihood, but unfortunately, after a few years of genuine but futile effort, ending sometime in 1961, the momentum to provide for rehabilitation died away. By that time the First Nations had become destitute.

In the last 30 years these claims for fair compensation and reasonable rehabilitation have been repeatedly advanced by the First nations and repeatedly rejected by successive governments.

The overall issue put before the Commission was whether the Government of Canada breached any lawful obligation?

The Commissioners concluded:

1. That as a consequence of the abrupt exclusion of the peoples of the Cold Lake and Canoe Lake First Nations from virtually all of their traditional territories and the consequent destruction of their independent lifestyle despite all assurances and guarantees to the contrary, the Government of Canada is in breach of Treaties 6 and 10.

2. That the Government of Canada was a fiduciary on behalf of those First Nations and breached its fiduciary duty in consciously failing to provide adequate compensation or any means of rehabilitation for the claimant First Nations.