Backgrounder

1874 Treaty Four is struck between First Nations and the federal Crown in what was then the North-West Territories and is now northern Saskatchewan. The Muscowpetung, Pasqua, Standing Buffalo, Sakimay, Cowessess and Ochapowace First Nations adhere to Treaty Four and reserves are created. In this period, the Qu'appelle Valley was subject to cyclical flooding which supported abundant natural resources. First Nations support themselves through farming, raising hay and cattle, gathering and selling firewood as well as fishing, hunting and gathering.

1876 The first Indian Act is passed setting out the federal government's obligations to Aboriginal people classified as "Indian." Among the many provisions, the Act requires the Minister to manage Indian land, monies and assets in the best interests of Indian people.

1894 The North-West Irrigation Act is passed, which vested in the federal Crown the right to use water in the North-West Territories. The Act stipulates that any person who already held water rights similar to those described in Act could apply to obtain authorization to continue to exercise those rights. There is no evidence that any application was made on behalf of Qu'appelle Valley bands.

1930s An extended drought and the Depression cripple the Prairie economy. The federal government creates the Prairie Farm Rehabilitation Administration (PFRA) to help non-Aboriginal farmers.

1935 Farmers petition the federal government to construct dams to flood hay lands each spring. The PFRA began to commission studies and plan the construction of water control structures throughout the Valley.

1942 The PFRA builds a dam on Echo Lake. Land on Muscowpetung, Pasqua and Standing Buffalo reserves is damaged by flooding. The PFRA had consulted the Department of Indian Affairs, which commissioned a study on the affects on some reserve land and requested compensation for damages for some bands. The Department of Indian Affairs assumed that PFRA had the right to expropriate the land. Compensation of $8,050 was agreed to, but never paid. Affected bands were not consulted.

1942 The PFRA builds dams on Crooked and Round Lakes. Land on Sakimay, Cowessess, Kahkewistahaw and Ochapowace reserves is damaged by flooding. Again, Indian Affairs had commissioned a study and recommended that compensation be paid the bands, but assumed that PFRA had the right to use the land and did not try to prevent construction. Affected bands were not consulted.

1943 The PFRA pays $3330 to the Sakimay, Cowessess and Ochapowace Bands.

1972 After meeting with Muscowpetung Chief Dave Benjoe, Saskatchewan MLA Gary Lane writes to then Minister of Indian Affairs Jean Chrétien to inquire whether the First Nation had ever been paid for land flooded by the Echo Lake Dam. The PFRA deteremines that it had not compensated either the Muscowpetung or the Pasqua Bands and that there was no evidence of any formal agreement between the PFRA and Indian Affairs or the First Nations.

1973 The Muscowpetung First Nation and the PFRA begin to negotiate compensation but fail to reach an agreement on an amount.

1975-6 The Piapot, Muscowpetung, Pasqua and Standing Buffalo First Nations hire a lawyer to pursue damages. In 1976, the Piapot decides to pursue damages separately.

1977 The Muscowpetung, Pasqua and Standing Buffalo First Nations agree to accept $265,000 in damages from the PFRA and pass band council resolutions to that affect.

1978-9 The Muscowpetung attempts to rescind its band council resolution, after concerns are raised that the "perpetual" nature of the settlement could amount to a surrender. Indian Affairs rejects the request. The Band Council passes another resolution permitting use of land only for as long as the land is required for flooding purposes. The Pasqua and Standing Buffalo First Nations issue their own rescinding band council resolutions.

1979 The Piapot, Muscowpetung, Pasqua, Standing Buffalo, Sakimay, Cowessess, Kahkewistahaw and Ochapowace First Nations form the Qu'appelle Valley Indian Development Authority Indian Development Authority (QVIDA) to protect their interests in the use and development of land and water resources.

1986 QVIDA First Nations submit claims to the federal government under the specific claims policy for damages "based on the loss of use of portions of reserve lands by flooding attributable to certain water storage projects constructed in the Qu'appelle River in the early 1940s under the Prairie Farm Rehabilitation Administration."

1988 The Department of Indian Affairs responds to QVIDA First Nations, stating that the it "greatly doubt[s] that the QVIDA claim is strong enough to merit a presentation to the Department of Justice."

1989 The Department of Indian Affairs closes the QVIDA claim due to a lack of activity on the file. QVIDA First Nations view this as "constructive rejection."

1994 QVIDA asks the ICC to conduct an inquiry into its claim.

1998 The ICC finds that the use and occupation of the reserve land for flooding could not be authorized under the Indian Act and was without band consent. The ICC recommends that Canada negotiate to acquire the land and compensate for damages. The ICC recommends that previously paid compensation be deducted from any final settlement.