SUBJECT Landmark by DugMartin



    “I have heard the elders say that when the
    terms of the treaties were deliberated the
                                                       Message from the Commissioners
    smoke from the pipe carried that agree-
    ment to the Creator binding it forever. An
                                                       On The 10th Anniversary Of The ICC
    agreement can be written in stone, stone
    can be chipped away, but the smoke from
                                                           This year, the Indian Claims Commission
    the sacred pipe signified to the First Nation
    peoples that the treaties could not be                 (ICC) celebrates its tenth anniversary.
    undone.”                                               During the past decade, the ICC has
    Ernest Benedict, Mohawk Elder                          served as a "last resort" for First Nations
    Akwesasne, Ontario
                                                           who have had their claims rejected by
    June 1992
                                                           the federal government. Except for the
                                                           courts, the Commission provides First
    CONTENTS                                               Nations with a final opportunity to have
    Message from the                                       their claims reviewed.
    Commissioners                              1
                                                           The ICC was born out of the 1990 Oka cri-
    Two New Commissioners
                                                           sis. Following that event, the government
    Appointed                                2             asked First Nations Chiefs to recommend
    Human Rights, Justice,                                 ways to improve the claims process. One
    and the Need for an                                    of the 27 recommendations made by the
    Independent Claims Body                  3             Chiefs was to create an "independent
                                                           and impartial claims body with authority
    Speakers Bureau                          4             to ensure expeditious resolution of
    INTERVIEW with Ralph Brant,                            claims". In July 1991, the ICC was estab-
    Director of Mediation       5                          lished     temporarily     as   a   Royal
                                                           Commission of Inquiry, pending the cre-
    Specific Land Claims Statistics 7
                                                           ation of a permanent, independent             be created or that the Commission be
                                                           claims body (ICB).                            given power to reject or accept a claim in
    Landmark is published by the Indian
    Claims Commission to inform readers of                                                               the first instance.
    Commission activities and developments in
    specific claims. Landmark and other ICC
                                                           Since its inception, the Commission has
    publications are also available on our web             completed 55 inquiries of 75 requests for     The credibility of the ICC rests entirely
    site at:
                                                           inquiries received. Of these, 26 were set-    upon solid and dispassionate legal deci-
    Please circulate or distribute
    the material in this newsletter.                       tled or accepted for negotiation. This is     sions. However, close examination of
    If you have questions, comments,
    or suggestions, contact:                               an impressive track record; however, it is    historic documents often reveals injus-
    Lucian Blair,                                          only a fraction of the 631 claims cur-        tices that need to be addressed on moral
    Director of Communications
    Tel: 613 943-1607                                      rently in the entire claims system, 408 of    grounds. In some instances, government
    Fax: 613 943-0157                                      which are under review by the federal         actions which were conducted according
    E-mail:                                 government. Add to this the 61 new            to the letter of the law resulted in unfair
    The Indian Claims Commission offices are                claims that are added on average to the       outcomes for First Nations. Every effort
    located at:
    The Enterprise Building                                system every year and it becomes clear        must be made to try to redress such
    Suite 400-427 Laurier Avenue West
    Ottawa, ON K1R 7Y2
                                                           that there is a problem. This log-jam         unfortunate situations. One way to do
                                                           grows against the backdrop of repeated        this is to increase awareness of the issues
                                                           ICC recommendations either that an ICB        involved in specific claims. Recently, the
This special edition contains a
pull-out poster, One Decade!,
depicting the history of the ICC.

I     N      D     I     A     N           C       L   A     I   M   S       C    O   M     M    I   S   S   I   O   N                            1
ICC was invited to appear before the            many recommendations made by the              an effective negotiation tool. This issue
House      of  Commons        Standing          Commission over the last ten years, by        contains an interview with ICC’s
Committee on Aboriginal Affairs to              consulting the 1999-2000 ICC Annual           Director of Mediation, Ralph Brant.
discuss its work and to share its con-          Report*.
cerns with Committee members. Our                                                             From the aftermath of the Oka crisis to
lead story in this special issue is an          Another more recent aspect of the             this summer of 2001, the ICC has
account of that presentation.                   ICC’s work may well prove to be one of        accomplished much and learned even
                                                the Commission’s most significant con-         more over the course of its inquiries. The
Even though the ICC’s recommenda-               tributions. The ICC mediation and             research, historical and legal analyses
tions are not binding they can often be         facilitation unit is growing in popularity    and community sessions have resulted
a motivating force for government to            and effectiveness. Alternative dispute        in a national overview that is perhaps
negotiate settlement of a claim. They           resolution is a viable method of reducing     unique to the ICC. We once again call
can even effect change in government            the process and cost of negotiating the       upon the federal government to expedite
policy; as is far too often the case,           settlement of land claims and most often      creation of a permanent, independent
though, the recommendations are sim-            results in a win/win situation for both       claims body.
ply ignored. Readers can easily judge           parties. For these reasons, mediation has     * For more information on our publications,
for themselves the outcomes of the              been widely accepted by First Nations as        see our addresses at the begining of this publication.

Two New Commissioners Appointed
The ICC was very pleased to welcome the appointment of Commissioners
Renée Dupuis and Alan Holman in March 2001.

                  Renée Dupuis has              served as consultant to various federal       with CBC in Inuvik, N.W.T.; and a
                  had a private law             and provincial government agencies,           reporter    for    the   Charlottetown
                  practice in Quebec            authored numerous books and articles          Guardian, Windsor Star and Ottawa
                  City    since    1973.        and lectured extensively on human             Citizen. From 1980 to 1986, he was
                  From the outset, she          rights, administrative law and aborigi-       Atlantic Parliamentary Correspondent
                  focussed largely on           nal rights. Mme Dupuis is a graduate in       for CBC-TV news in Ottawa. In 1987,
                  human rights and              law from l’Université Laval and holds a       he was appointed Parliamentary Bureau
specifically on the rights of Canada’s          master’s degree in public administration      Chief for CBC radio news, a position he
aboriginal peoples. From 1972 to 1975,          from l’École nationale d’administration       held until 1994.     That same year, he
she served as lawyer for the Association        publique.                                     left national news reporting to become
of Indians of Quebec and beginning in                                                         Principal Secretary to then-P.E.I.
1978, acted as legal advisor to the three                           Alan C. Holman is a       Premier, Catherine Callbeck. He left the
Attikamek and nine Montagnais bands                                 writer and broadcaster    premier's office in 1995 to head public
in her home province, representing the                              who grew up on            sector development for the P.E.I.
bands in their land claims negotiations                             Prince Edward Island.     Department of Development. Since the
with    the    federal,   Quebec     and                            In his long journalis-    fall of 2000, Mr. Holman has worked as
Newfoundland governments and in the                                 tic career, he has been   a freelance writer and broadcaster. He
constitutional negotiations. From 1989                              an     instructor    at   was educated at Kings College School in
to 1995, Mme Dupuis served two terms            Holland College in Charlottetown,             Windsor, N.S. and Prince of Wales
as Commissioner of the Canadian                 P.E.I.; editor-publisher of a weekly news-    College in Charlottetown, where he
Human Rights Commission. She has                paper in rural P.E.I.; a radio reporter       makes his home.

2                            I   N   D      I    A    N        C   L    A   I   M    S        C     O      M      M      I    S     S     I    O         N
Human Rights, Justice and the Need
for an Independent Claims Body:
Co-Chairs Brief House of Commons Standing Committee on Aboriginal Affairs
On May 29, 2001, the Indian Claims
Commission was invited to appear before
the House of Commons Standing
Committee on Aboriginal Affairs to discuss
the ICC’s latest annual report and to
respond to questions from Committee
members on specific claims.

Co-Chairs Daniel Bellegarde and James
Prentice represented the ICC at the
Committee table during a presentation
that    lasted   almost      two    hours.
Commissioners Roger Augustine, Renée
Dupuis and Sheila Purdy were also in atten-
dance, along with ICC staff.

Commissioner          Prentice   thanked          Co-Chairs Bellegarde and Prentice with Nancy Karetak-Lindell,
Committee Chair Nancy Karetak-Lindell             Chair of the House Standing Committee on Aboriginal Affairs
(Nunavut - Lib.) for the opportunity to
share the ICC’s views on specific land             sioned by former Prime Minister, the late            crisis. The ICC—the "only independent
claims and the pressing need for a funda-         Pierre Elliott Trudeau: "In our view, both           body in Canadian history mandated to
mental reform of this process. The ICC’s          aboriginal and non-aboriginal Canadians              investigate and report upon specific
appearance, he said, was meaningful               expect and are deserving of much better.             claims"— was born in 1991 out of the ashes
because of the important historical rela-         In fact, in the absence of immediate insti-          of Oka. Commissioner Prentice noted that
tionship between the work of the                  tutional change, the specific claims process          the ICC has had a direct impact on the res-
Committee and the Indian Claims                   will continue to limp along towards an               olution of a number of claims as well as on
Commission, the current Committee’s pre-          inevitable collapse."                                the redefinition of federal government pol-
decessors having been "one of the primary                                                              icy.
parliamentary architects on the subject of        The ICC’s brief outlines the long history of
the independent claims body." In 1947,            the specific claims process in Canada—"a              He highlighted the ICC’s 1996 decision in
1958 and 1990, he reminded members, the           fifty-year saga of incomplete attempts to             the Fort McKay case which resulted in the
Committee advocated creation of an inde-          grapple with the longest-standing griev-             federal government’s reversing its policy
pendent claims body to adjudicate specific         ances in our nation" — drawing to                    position    regarding     Treaty    Land
claims fairly and justly.                         Committee members’ attention the fact                Entitlement. The government’s current
                                                  that in each of its annual reports from 1994         policy, he said, is based entirely on the
Continuing in that vein, Commissioner             through 1998, the ICC has recommended                Commission’s report.
Prentice pointed out that the resolution of       that Canada and the First Nations create an
specific claims in Canada is a justice issue       independent claims body with the legisla-            Citing statistics that show how incredibly
and a human rights issue and that "at the         tive authority to make binding decisions.            slow the process of resolving a specific
end of the day, our society shall be mea-                                                              claim is—a First Nation can expect its claim
sured and judged by how we have dealt             The document goes on to say that First               to take ten to fifteen years in the govern-
with these claims."                               Nations increasingly are frustrated by the           ment process prior to resolution—the ICC
                                                  federal government’s specific claims                  brief states that "the clear conclusion to be
The process, he said, does not measure up         process, a frustration that on occasion has          drawn is that Canada is not allocating suf-
to the standards of the just society envi-        erupted in violence; witness the 1990 Oka            ficient resources to the Departments of

I   N   D    I   A   N        C    L   A      I    M     S         C    O     M     M     I   S    S    I   O     N                            3
Justice and Indian Affairs to adequately           In responding to questions from                   evident throughout our submission to this
address the hundreds of claims submitted           Committee member Richard Marceau                  committee." The main issue, he contin-
to it pursuant to its own policy. In our           (Charlesbourg–Jacques Cartier - BQ), as to        ued, is "the kind of injustice present within
view, history will judge the current process       why the ICC’s recommendations have                the policy, whereby the claims brought
very harshly. There is no other area of pub-       either been set aside, shelved or forgotten       against Canada are judged by the
lic policy in Canada, or perhaps in any            by the federal government, Commissioner           Government of Canada itself. It is a clear
other western democracy, which operates            Daniel Bellegarde pointed to repeated             conflict of interest."
in this manner."                                   refusals by the government both to create
                                                   an independent claims body and to aug-            Commissioner Prentice reminded mem-
Committee member John Finlay (Oxford -             ment resources to allow for the rapid set-        bers of the Committee of the important
Lib.) asked what the reason was for the            tlement of claims found to be valid. "The         role they have to play in the area of specif-
gridlock in setting up an independent              results speak to a lack of political will, per-   ic claims process reform. "If institutional
body. Commissioner Prentice replied that           haps on both sides of the issue." The ICC’s       reform is to come in this country, it will
he believed it was the inability of both the       brief points out that in 1998, a Joint Task       only come with the encouragement and
government and the Assembly of First               Force including representation from the           the wisdom of parliamentarians such as
Nations to agree upon what a new inde-             federal government and the Assembly of            yourselves." He concluded, "Once the
pendent claims body would look like.               First Nations submitted a report calling for      harsh light of disclosure has been shone on
                                                   creation of an independent specific claims         a historical grievance and thereby exposed
"The problem with the current system is            commission and tribunal. The recommen-            an inequity, justice is inevitable. Perhaps it
that in the absence of some binding tri-           dations have never been acted upon.               will arrive quickly, perhaps it will arrive
bunal, the system has no policeman. There                                                            slowly, but justice is nonetheless inevitable
is no one who can push the parties along.          Asked by Mr. Marceau whether requesting           because in a democracy governed by the
It may be that at the end of the day, only         creation of an independent tribunal with          rule of law, there is eventually no place to
10% of claims actually go before a new tri-        power to make binding decisions was tan-          hide."
bunal for adjudication; however, it’s the          tamount to admitting that the current
                                                                                                     * This presentation is available on our Web site:
fact that this is possible that, in a sense,       negotiation process is a failure,          , or by contacting us at
drives the whole system and makes it work.         Commissioner Bellegarde agreed that it              the address at the beginning of this publication.
That is what is missing now and why, at the        was: "I would suggest that the specific
present time, the system isn’t working."           claims policy is indeed a failure and this is

                                                                                                     guished panel included author and
Speakers Bureau                                                                                      teacher Dr. Harold Cardinal, founder of
                                                                                                     the National Aboriginal Achievement
Commissioners were busy fulfilling speak-                                                             Awards, John Kim Bell and Aboriginal
ing engagements across the country this                                                              Times publisher Rolland Bellerose.
past spring. As part of the ICC Speakers
Bureau public education initiative, three                                                            Commissioner Sheila Purdy addressed the
commissioners spoke to widely-different                                                              largest youth forum in Canada, Encounters
audiences about the ICC, its role and its                                                            With Canada, in Ottawa in March. Over
responsibilities.                                                                                    100 students from across the country with
                                                                                                     an interest in the law and law enforcement
In March, Commissioner Roger Augustine                                                               peppered Commissioner Purdy with
met with University of New Brunswick                                                                 thoughtful questions about aboriginal
Law School students and faculty in                 Co-Chair Bellegarde addressing the Calgary        issues following her presentation. In May,
Fredericton.                                       Chamber of Commerce                               she travelled to London, Ontario on two
                                                                                                     separate occasions to speak to members of
During the same month, Commissioner                in a panel discussion organized by the            the Forest City Kiwanis Club and the
Daniel Bellegarde spoke to students at             Calgary Chamber of Commerce.          The         Business Club of London.
Brandon University and to members of               event, part of Native Awareness activities,
the Halifax North West Rotary Club. In             was entitled "Myths and Misconceptions            Plans for speaking engagements for the
May, Commissioner Bellegarde took part             of Current Aboriginal Issues". The distin-        fall are now underway.

4                              I   N    D      I     A    N         C    L    A    I   M        S    C     O      M       M      I     S     S     I       O   N
with Ralph Brant, Director of Mediation
Recently, Ralph Brant, ICC Director of Mediation, sat down with Landmark to talk
about the Commission’s mediation process and its role in the settlement of claims.

Landmark: Is mediation’s role in the              Landmark: Is interest in mediation the             negotiate with the federal government
negotiation process increasing?                   same between First Nations and the federal         on their own or they can go to court, and
                                                  government?                                        court is a long, drawn-out, expensive
Ralph Brant: Mediation is a form of                                                                  proposition. So mediation is not the
alternative dispute resolution that seems         Ralph Brant: Nearly all the requests for           only choice but it is an option that’s
to be a growing alternative to the court-         our mediation services have come from              proving to be very successful.
room. You’ll find that lawyers in all walks        First Nations. I think that is the case
of life are into mediation in one way or          because they see the ICC as an indepen-            Landmark: What do you like most about
another. In some provinces like                   dent body that can assist them in                  the process?
Saskatchewan, it’s mandatory to have              moving the negotiation process along.
mediation before you get into a civil law                                                            Ralph Brant: The most positive aspect
suit. Mediation can take place at any             Landmark: How do you persuade the gov-             is that we take away all the extraneous
stage in negotiations—at the beginning,           ernment to give mediation a try?                   conversations that usually occur in these
midway or at the end. We’ve experi-                                                                  situations. We set the agenda. We consult
enced all three. Mediation can be                 Ralph Brant: Well, it’s one of those               with both the First Nations and the fed-
requested for a rejected claim or one that        things where you just have to keep at it.          eral government but we control the
has been accepted in the first instance.          I have made some inroads. For instance,            agenda, we control the time. For me,
At the ICC, we provide mediation ser-             some federal government negotiators see            controlling the process is probably the
vices in two situations. First of all, our        the advantage in having an independent             best part of it. We don’t leave it to one
primary mandate is to provide mediation           person chairing the meetings, so we can            side or the other: it’s somebody neutral
services when a claim is being negotiated         keep it on track, keep out all the fluff that       controlling the process.
for settlement. This is done at the request       surrounds the negotiations and stick to
of both the federal government and the            the agenda. That’s my job—to keep the              Landmark: What would you change
First Nation. Last year, for instance, I          parties focussed—but it’s going to take            about the process if you could?
chaired 45 negotiation sessions and 35            time. The federal negotiators see some
conference calls. Secondly, part of my job        benefit in having the ICC there but by              Ralph Brant: Personally, I would make
is to chair planning conferences. That’s          the same token, they don’t want to lose            mediation mandatory for all land claims
when a First Nation comes to ICC and              control of how quickly they will proceed           negotiations. Once a land claim has been
asks us to hold an inquiry into their             with these negotiations. I think they feel         accepted, I think mediation should be
claim. It’s an important aspect of the            that if they give too much to ICC, they’re         mandatory. In some cases, I would want
mediation function. It’s the first meeting         sort of losing control of their own                to go farther and make mediation bind-
between the parties, and having three             process. In fact, it’s the exact opposite:         ing. We don’t have that now. At present,
lawyers there—ICC counsel, the federal            we help them with the process, we don’t            the ICC cannot make binding recom-
government’s lawyer and the First                 push them beyond what they can han-                mendations but if the ICC had a
Nation’s lawyer—can become a legal                dle.                                               mediation department and an arbitra-
free-for-all and that’s not what it’s                                                                tion department, we would have it
intended to be. It’s meant to be an               Landmark: How do you rank mediation                covered.
opportunity for the government and the            as an option: is it the only way to go?
First Nation to sit down and talk about                                                              Landmark: Do you think ICC is able to
the issues. My role is to try to get agree-       Ralph Brant: There are two other                   accommodate the needs of both First
ment on what those are.                           things First Nations can do. They can              Nations and the government?

I   N   D    I   A   N        C    L   A      I    M     S       C    O    M    M     I   S      S    I   O    N                         5
Ralph Brant: The First Nations want to            Landmark: Can you give an example of          also do loss-of-use studies and of course
get on with it and get the claims settled         the effectiveness of mediation?               they would be significantly different.
quickly because in most instances,                                                              We’re now doing joint loss-of-use studies
they’ve been waiting for a hundred or             Ralph Brant: Kahkewistahaw comes to           so we can agree at the outset on what loss
more years. They want to get it solved            mind. This was a land surrender. The ICC      of use is. Then we can go to the next step
and get on with their lives. The federal          first did an inquiry on the 1907 surren-       of negotiating the settlement. In the
government takes a long time to solve             der and right after that, the First Nation    past, when each party did their own sep-
these claims, they have a very protracted         asked us to act as a mediator. Here we        arate studies, it simply didn’t work. We
process that’s made even lengthier by the         have an example of a model claim: it was      coordinate the studies for each party so
huge backlog of cases waiting to be               rejected by INAC and submitted to the         that the First Nation doesn’t have to
heard. In addition, the federal govern-           ICC by the First Nation for inquiry. The      worry and the government doesn’t have
ment only has so much money every                 ICC recommended acceptance and the            to worry. We deal with the contractors
year to spend on claims and the first              federal government agreed to this recom-      and make sure all the work is done when
roadblock is the amount of money they             mendation. We were able to establish a        it is supposed to be done.
can spend on research. They have a bud-
get of about $5 million a year; well, in
this day and age, researchers and lawyers
don’t come cheaply. First Nations don’t
have the ability to do that work them-
selves so, as we saw this past fiscal year,        “We’re getting more and more
that budget can be used up very quickly.
In some cases, we couldn’t begin negoti-
ations because there was no more money
                                                       requests for our services.”
to fund First Nations to carry on negoti-
ations.                                                                                     — Ralph Brant, Director of Mediation

Landmark: Have First Nations them-
selves accepted the process wholeheartedly?       good rapport with the First Nation, with      Landmark: How do you view the ICC’s
                                                  the federal negotiator and with the law       mediation role in the future?
Ralph Brant: No. We’ve only had a                 firm for the First Nation, so we’ve had a
separate mediation function for about             very good working relationship. We were       Ralph Brant: A lot depends on what
two years and it takes time for the notion        there from the start to help them devel-      the federal government is going to do
that we’re doing something good to get            op the terms of reference for the land        about setting up an independent claims
out. It’s spread very quickly in                  appraisals and the loss-of-use studies and    body (ICB), which the ICC has been
Saskatchewan and it’s starting to spill           to act as coordinator for these studies.      advocating for some time. If there is an
over into other provinces now. We                 The studies, of course, become the basis      ICB, mediation is going to be an essential
haven’t had very much business in                 for negotiating a settlement.                 component of it. If there is no ICB, I
Ontario, for example, because the Indian                                                        think this present mediation unit will
Commission of Ontario was acting as               Landmark: So prior to ICC, there was no       continue to grow. We’re getting more
facilitator/mediator for most of the              common sharing of the information needed      and more requests for our services. I
claims in that province. But it was shut          by First Nations and government in order to   think both parties are beginning more
down a year ago, and First Nations in             negotiate?                                    and more to see the benefits of having
Ontario may not be aware of the media-                                                          the ICC provide its mediation services to
tion services we can provide. We’re               Ralph Brant: Well, what traditionally         the negotiations process. We are neutral
looking to do a mailing of our brochure           happened was that the federal govern-         and our focus is to help the parties reach
to First Nations in Ontario to let them           ment would accept a claim and agree           an agreement that is acceptable not only
know what we do.                                  what the compensation criteria would          to the negotiating teams but to the First
                                                  be, including loss of use or value of land.   Nation community and to the federal
                                                  The First Nation would do loss-of-use         government.
                                                  studies, the federal government would

6                             I   N    D      I    A    N        C   L    A   I   M    S        C   O    M    M    I   S   S   I   O    N
Specific Land Claims Statistics
Indian and Northern Affairs Canada

· Total specific claims                                                             Breakdown of 1071 claims
  received by Canada ...................1071
· Total claims currently                                                         in the Specific Claims process
  in the system:
    Claims under review.................408
    Claims under negotiation ........115
    Claims in active litigation ........47
    Claims under review by ICC ......61
       TOTAL ..................................631
                                                                                             251                       408
· Claims settled ..............................223
· Claims resolved through
  administrative remedy...................28
· Files closed .....................................80
· Claims in which no lawful
  obligation was found ..................109                                           189
· Average since 1991: 61 new                                                                                      47
  specific claims per year, and                                                                     115
  18 specific claims resolved yearly.

Indian Claims Commission

· Requests for inquiries received ......75
· Inquiries completed with reports ....55
· Reports where recommendations
  were rejected ....................................9        Additional Information                                   “Under review”
· Claims settled or accepted
  for negotiation ...............................26          · Avg time to resolve disputed claim,                    Active Ligitation
                                                               beginning to end ........10 to 15 years
Mediation / Facilitation                                     · Avg cost (legal and associated)                        Before the ICC
· Requests for                                                 to settle one claim* ...........$2 million
  Mediation/Facilitation ...................14               · Potential savings by                                   In Negotiation
· Claims settled through Mediation ....4                       expediting claims over the
                                                               next 40 years ......$16 to $75 billion
                                                                                                                      Rejected / Closed /
Administration                                                                                                        No further action by Band
· ICC budget ....................$5.7 million                  *(From a report by Fiscal Realities,
· Staff (approximately                                           Kamloops, BC, Jan. 1998)
  50% Aboriginal) .............................37
                                                             As of May 2001

I   N      D     I    A     N           C     L    A     I    M     S        C    O    M     M      I    S   S    I    O     N                    7
                                              · Mississaugas of the New Credit First    · Moosomin First Nation
CLAIMS IN INQUIRY                               Nation (Ontario) - Toronto Purchase       (Saskatchewan) -1909 surrender

· Alexis First Nation (Alberta) -             · Ocean Man Band (Saskatchewan) -         · Muskowpetung First Nation and
  Trans-Alta Utilities right of way             treaty land entitlement                   Standing Buffalo Dakota First Nation
                                              · Paul Indian Band (Alberta) -              (Saskatchewan) - IR 80B
· Canupawakpa Dakota First Nation
  (Manitoba) - Turtle Mountain                  Kapasawin Townsite                      · Qu’Appelle Valley Indian
  surrender                                   · Peepeekisis First Nation                  Development Authority
                                                (Saskatchewan) - File Hills Colony        (Saskatchewan) - flooding
· Chippewas of the Thames (Ontario) -
  Clench defalcation                          · Roseau River Anishinabe First Nation    · Standing Buffalo First Nation
                                                (Manitoba) - 1903 surrender               (Saskatchewan) - flooding
· Chippewa Tri-Council (Ontario) -
  Coldwater-Narrows Reserve                   · Sandy Bay Ojibway Nation                · Thunderchild First Nation
                                                (Manitoba) - treaty land entitlement      (Saskatchewan) - 1908 surrender
· Conseil de bande de Betsiamites
  (Quebec) - Highway 138 and                                                            · Touchwood Agency (Saskatchewan) -
  Betsiamites Reserve                                                                     1920-24 - mismanagement
                                              CLAIMS IN FACILITATION
· Conseil de bande de Betsiamites
  (Quebec) - Betsiamites River bridge         OR MEDIATION                              CLAIMS WITH
· Cumberland House Cree Nation
  (Saskatchewan) - claim to Indian            · Blood Tribe/Kainaiwa (Alberta) -        REPORTS PENDING
  Reserve 100A                                  Akers surrender 1889
· James Smith Cree Nation                     · Cote First Nation (Saskatchewan) -      · Esketemc First Nation (British
  (Saskatchewan) - Chakastaypasin               pilot project - 1905 surrender            Columbia) - IR, 15, 17 and 18
  land claim                                                                            · Mistawasis First Nation
                                              · Fishing Lake First Nation
· James Smith Cree Nation                       (Saskatchewan) - 1907 surrender           (Saskatchewan) - 1911, 1917, 1919
  (Saskatchewan) - treaty land                                                            surrender
                                              · Fort William First Nation (Ontario) -
  entitlement                                                                           · Mistawis First Nation (Saskatchewan) -
                                                pilot project
· James Smith Cree Nation                                                                 compensation criteria
                                              · Fort Pelly Agency (Saskatchewan) -
  (Saskatchewan) - Peter Chapman
                                                Pelly haylands
  Band and claim to Cumberland
  House Indian Reserve 100A                   · Kahkewistahaw First Nation
                                                (Saskatchewan) - 1907 surrender
· Kluane First Nation (Yukon) -
  Kluane National Park Reserve                · Michipicoten First Nation (Ontario) -
  and Kluane Games Sanctuary                    pilot project

                                                          What are Indian land claims? What is a TLE claim? What is a sur-
                                                          render claim? How many times have you been asked these
                                                          questions only to spend 20 minutes answering? Specific claims
                                                          are based in history, law, and policy and are often complex. Now,
                                                          the Indian Claims Commission has launched a series of fact sheets
                                                          called The Facts on Claims to explain the basics behind specific
                                                          claims. They are available free of charge as a useful public educa-
                                                          tion tool for any organization or First Nation with an interest in
                                                          claims. To get the Facts on Claims, call (613) 947-3939 or email

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