OTTAWA Dec. 19, 1994
The Indian Claims Commision today released its report of findings and
recommendations on the Young Chepeewayan inquiry into the claim to the Stoney
Knoll Indian Reserve No. 127. The inquiry was conducted to determine whether
the Government of Canada owes any outstanding obligation to the Young
Chipeewayan Band.
The claiments alleged that, in 1897, their reserve was taken without
lawfull surrender, as required by section 38 of the INDIAN ACT. Further, the
Commision was asked to decide if the contemporary claimants are decendants of
the Young Chipeewayan Band and, as such, eligible for compensation. The Young
Chipeewayan Band was effectively disbanded at the end of the 19th century.
The Commision's review of this claim found these claimants are not a
"Band" within the meaning of the Indian Act. The Specific Claims Policy as
defined in Outstanding Business does not allow for the validation of this claim
brought by the claimants, as they are not a Band.
The Commision also found potential beneficiaries are those bands that
can show they absorbed Indians from the historic Young Chipeewayan Band during
the the late 19th century.
Signatories in the 1992 Saskatchewan Treaty Land Entitlement Agreement
that are able to establish a historic shorthfall of land, as a result id the
absorbing former Young Chipeewayan band members, should pursue those claims. If
any such bands are not signatory to the 1992 agreement, a separte specific
claim, based on treaty land entitlement, may still exist.
To ensure that the provisions of Treaty 6 honoured, the Commision
recommends that issues surrounding the transfer of Young Chipeewayna Band
members to the Treay paylist of other First Nations be explored in detail by
Canada and various First Nations that absorbed members of the Young Chipeewayna
Band, on a case by case basis. The review should also include the effects, if
any, of the 1992 Treaty Land Entitlement Agreement.
The Indian Claims Commison was established by the Government of Canada
in consultation with First Nation Chiefs across Canada to accelerate the
process of specific land claims settlement. It is an independant and impartial
agency that assists parties in negotiations. The Commision is mandated to
review disputes over the validity of claims and compensation issues. It can
also provide mediation services at any point throughout negotiation process at
the request of the parties.
For futher information please contact Cathy Compton, Director of
Cummunications at (613) 943-1607