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10/02/2009

ICC Recommends Federal Government Not Accept Claim of the Sturgeon Lake First Nation for the 1913 Surrender

Ottawa (February 10, 2009) The Indian Claims Commission (ICC) today issued a report on a specific claim by the Sturgeon Lake First Nation regarding the validity of the 1913 surrender of a portion of its reserve in exchange for other lands. A Panel of Inquiry examined whether the provisions of the 1906 Indian Act were met, and whether a majority of eligible voters participated in the surrender vote. The Panel also considered whether contract principles may apply in determining the First Nation’s understanding and intentions related to the surrender, and if so, whether this resulted in an invalid surrender.

The Sturgeon Lake Indian Reserve (IR 101) was created pursuant to Treaty 6 and confirmed by Order in Council in 1889. The First Nation had a reputation of being expert woodsmen, earning money in the lumber industry and selling timber, as well as skilled and successful in raising cattle and horses. Because of larger herds, the Band’s need for more hayland was recognized early on. In December 1913 the Band voted at a meeting to exchange land north of Sturgeon Lake for an equivalent amount of haylands in two separate locations. This meeting, as well as a list of voters and results of the vote, was duly recorded by the Indian agent.

In 1993, the First Nation submitted a specific claim to the Department of Indian and Northern Affairs contesting the validity of the surrender, alleging that a majority of eligible voters had not been present at the 1913 meeting. The claim was rejected by the department in June 1995, and in 1996 the First Nation requested that the ICC conduct an inquiry on the issues of voter eligibility and irregularities in the surrender process. At the First Nation’s request, the inquiry was placed in abeyance, in order to complete additional research, and a second time, to conduct interviews with the Elders.

The inquiry resumed in December 2002. The ICC conducted planning conferences, heard testimony of the Elders, toured the reserve, and in May, 2008, held a hearing to receive the legal submissions of the parties.

The Panel found that there were irregularities surrounding the 1913 surrender process. However, the Panel concluded that while these may have been the result of carelessness or human error, the validity of the 1913 surrender was not called into question. Regarding the number of eligible voters in attendance, the Panel determined that of 33 eligible voters, 17 were in attendance, thereby complying with the requirement for a majority of eligible voters. Of those 17, 16 voted in favour of the surrender, with one abstention.

With respect to the applicability of contract law principles to surrenders of Indian reserve lands, the Panel concluded that in a small minority of claims (most likely where insufficient evidence exists to prove a breach of the Crown’s fiduciary duty), contract law principles may be the preferred or only option available to a First Nation to prove its true intention. In this case, the First Nation chose to advance its claim based on the law of mistake in contract, and should not be prohibited from doing so. But in that case, it is open to the Crown to avail itself of defences based on contract law, unless prohibited by the Specific Claims Policy.

The Panel concluded that the Sturgeon Lake voters were not confused with a previous surrender of timber, in 1906, and did not misunderstand the nature and consequences of the 1913 surrender. They intended to surrender a portion of their reserve for other lands. Elder evidence that their ancestors believed they were surrendering only timber in exchange for haylands is in stark contrast to a very detailed written record, which indicates consistent band leadership, band members’ knowledge of the timber industry, a long-standing need for more haylands, and the considerable amount of time the Band took to make a final decision. As a result, the Panel recommended that the claim of the Sturgeon Lake First Nation regarding the 1913 surrender not be accepted for negotiation under the Canada’s Specific Claims Policy.

The ICC was established in 1991 to conduct inquiries at the request of First Nations into specific claims that have been rejected by the federal government or where the First Nation disputes the compensation criteria being considered in negotiations. In addition, the ICC provides mediation services at the request of the parties for claims in negotiation.

By Order in Council, the Indian Claims Commission will formally close its doors on March 31, 2009. This is one of the last inquiry reports that will be completed by this Commission.

To download report - PDF