Backgrounder

The Saulteau First Nation Indian Reserve (IR) 169, which is also known as Moberly Lake Reserve, is located approximately 25 km from the town of Chetwynd, BC, and 1,212 km northeast of Vancouver.

On June 21, 1899, the federal government signed Treaty 8 with the Cree, Chipewyan, and Beaver Indians at Lesser Slave Lake. The treaty provided for reserves with an area equal to 640 acres for each family of five, as well as allowing 160 acres for each family or individual who wished to live apart from the reserve. This provision, called the land in severalty provision, is unique to Treaty 8.

In November 1913, the Department of Indian Affairs was informed that 23 Saulteau, who had never adhered to Treaty 8, were living at the eastern end of Moberly Lake. Their houses were said to be comfortable, and their gardens well kept. The Indian Agent noted that they were anxious to keep their land, and he suggested that reserves be set aside for them, as well as for two other groups, before settlers arrived in the area. Officials did not feel it was necessary to negotiate a new treaty as the groups were located in the area covered by Treaty 8. The correspondence of officials at Indian Affairs indicates that, although the Saulteau were entitled to lands in severalty, the department preferred that use of the provision be avoided.

In May 1914, it was reported that some of the Saulteau were claiming squatter’s rights, including one band member named Charles Gauthier, who claimed the northeast quarter of what would become section 22 of the Moberly Lake Reserve. In June of that same year, 34 Saulteau received their treaty annuities at Moberly Lake.

A surveyor was sent in July 1914. He described the land he recommended be set aside for the Saulteau as being suitable for grazing and “mixed farming,” and that there were whitefish and trout in the lake, plentiful game, and ample timber and hay. In 1916, the Department of Indian Affairs applied to set aside the East Moberly Lake reserve. Charles Gauthier’s claim was mentioned, but the department’s position was that he didn’t have rights to the land because he had accepted treaty after he made his claim. IR169 was set aside by Order in Council PC 2302 on September 19, 1918, and totalled 7,646 acres.

In 1974, Gauthier’s great-grandson sought title to 91.06 hectares of Crown land on Deadman Creek, located between IR 169 and the town of Chetwynd. Citing the overcrowding of IR 169, he asserted that he was entitled to the 160 acres of severalty land which his great-grandfather failed to receive. A claim regarding this, as well as a treaty land entitlement claim, were filed on the behalf of the Saulteau First Nation by the Treaty 8 Tribal Association.

The First Nation requested that the inquiry be concluded before a list of issues was agreed upon, as it anticipated the acceptance of its treaty land entitlement claim for negotiation. As a result, the panel of Commissioners declared this inquiry closed.

To download the report - PDF