Annex A: Specific Claims Snapshot

Between April 2013 and March 6, 2014, Canada settled 15 claims through negotiated agreements with 14 First Nations. The information below outlines each claim.

British Columbia

Kitselas First Nation

The First Nation: Kitselas First Nation is located near Terrace. There are 613 members.

The Claim: Alleged discrepancies between the allotments of Kitselas Reserves and the subsequent surveys of these reserves in 1901. Canada offered to negotiate on December 21, 2009.

The Settlement: The final settlement was signed on December 19, 2013. The settlement agreement included $566,390 in compensation to settle the claim.

Mount Currie Indian Band

The First Nation: Mount Currie Indian Band is located 8 kilometres east of Pemberton. There are 2,138 members.

The Claim: First Nation alleged improper taking of power line easements; failure to inform the band; and inadequate compensation.

The Settlement: The final settlement was signed on January 29, 2014. The settlement agreement included $54,860 in compensation to settle the claim.

Cheam First Nation

The First Nation: Cheam First Nation is located on the north shore of Cheam Lake, 20 kilometres east of Chilliwack. There are 516 members.

The Claim: Presented by the Alliance of Tribal Councils. Alleged improper alienation of land from Cheam I.R. No. 1 for CNR right-of-way. Canada offered to negotiate on December 21, 2009.

The Settlement: The final settlement was signed on August 16, 2013. The settlement agreement included $515,472 in compensation to settle the claim.

Doig First Nation and Blueberry River First Nation

The First Nation: Treaty 8 Tribal Association submitted the claim on behalf of Doig First Nation and Blueberry River First Nation. Doig River is located approximately 30 kilometres northeast of Fort St. John. There are 299 members. Blueberry River First Nations are located approximately 80 kilometres northwest of Fort St. John. There are 472 members.

The Claim: Alleged that the Crown breached its legal and fiduciary obligations to the then Fort St. John First Nation by agreeing to the transfer of lands within Fort St. John Indian Reserve No. 172 to the Province of British Columbia in 1934, without consent of, or compensation to, the First Nation.

The settlement: The final settlement was signed on November 25, 2013. The settlement agreement included $3,244,136 in compensation to settle the claim.

Alberta

Tsuu T'ina Nation

The First Nation: Tsuu T'ina Nation is located adjacent to southwest Calgary city limits. There are 2,125 members. Three claims were settled with Tsuu T'ina Nation between April 2013 and January 7, 2014.

A) The Claim: 1930 Surrender for Gravel Lease - The First Nation alleged that the 1930 surrender for a gravel lease was invalid. Alternatively, if the surrender was valid, Canada breached a pre-surrender fiduciary duty to the First Nation by assigning a five year gravel lease in favour of Bennett & White Construction Company Limited to the City of Calgary without the consent of the First Nation or payment of any further compensation for the extraction of gravel for construction of the Glenmore Reservoir.

The Settlement: The final settlement was signed on June 6, 2013. The settlement agreement included $6,975,000 in compensation to settle the claim.

B) The Claim: 1931 Surrender for Sale - Alleged that both the surrender of land in 1913 and the surrender of land in 1931 were not valid because the federal government breached its fiduciary obligation to the First Nation due to the presence of duress, undue influence and negligent misrepresentation and because the surrender bargains were unconscionable. It is further alleged that the federal government failed to follow the terms and conditions associated with the 1913 surrender and unlawfully transferred approximately 193.5 acres of land in question to the City of Calgary in 1931.

The Settlement: The final settlement was signed on June 6, 2013. The settlement agreement included $6,872,832 in compensation to settle the claim.

C) The Claim: Priddis Trail - The First Nation sought confirmation that the 10.23-acre portion of the Priddis Trail located within lands surrendered in 1900, and sold to the City of Calgary in 1931, did not legally pass to the City and that the legal title to the Priddis Trail continues to be vested in the Crown as part of the reserve. The First Nation further alleged that, in light of the Osoyoos decision, the City of Calgary did not acquire any legal interest in the Priddis Trail lands because the First Nation surrendered only a limited right of way interest for only so long as these lands were used for road purposes.  When the Priddis Trail land ceased to be used for road purposes, it was to revert to the Crown to be held as reserve land for the use and benefit of the First Nation.

The Settlement: The final settlement was signed on June 6, 2013. The settlement agreement included $6,975,000 in compensation to settle the claim.

Saskatchewan

Sakimay First Nations

The First Nation: Sakimay First Nations are located 15 kilometres northeast of Grenfell. There are 1,566 members.

The Claim: The Qu'Appelle Valley bands alleged improper alienation of reserve land and damage due to flooding dating back to 1942.

The Settlement: The final settlement was signed on May 1, 2013. The settlement agreement included $24,403,611 in compensation to settle the claim.

Cowessess First Nation

The First Nation: Cowessess First Nation is located 15 kilometres north of Broadview. There are 4,044 members.

The Claim: The Qu'Appelle Valley bands alleged improper alienation of reserve land and damage due to flooding dating back to 1942.

The Settlement: The final settlement was signed on May 1, 2013. The settlement agreement included $14,678,064 in compensation to settle the claim.

Muscowpetung First Nation

The First Nation: Muscowpetung First Nation is located 70km northeast of Regina. There are 290 members.

The Claim: The Qu'Appelle Valley bands alleged improper alienation of reserve land and damage due to flooding dating back to 1942.

The Settlement: The final settlement was signed on March 6, 2014. The settlement agreement included $34,119,372 in compensation to settle the claim.

Pasqua First Nation

The First Nation: Pasqua First Nation is located approximately 60km northeast of Regina. There are 475 members.

The Claim: The Qu'Appelle Valley bands alleged improper alienation of reserve land and damage due to flooding dating back to 1942.

The Settlement: The final settlement was signed on March 6, 2014. The settlement agreement included $26,008,664 in compensation to settle the claim.

Ontario

Ochiichagwe’babigo’ining First Nation

The First Nation: Ochiichagwe'babigo'ining First Nation is located approximately 14 kilometres northwest of Kenora. There are 434 members.

The Claim: Alleged inadequate compensation for timber taken on Dalles Indian reserve 38C in 1909-1925. Canada offered to negotiate on February 14, 2011.

The Settlement: The final settlement was signed by Canada on May 20, 2013. The settlement agreement included $551,000 in compensation to settle the claim.

Sandy Lake First Nation

The First Nation: Sandy Lake First Nation is located 600 kilometres northwest of Thunder Bay. There are 2,908 members.

The Claim: Alleged Canada failed to prevent the taking of approximately 296 acres of reserve land by the Catholic Mission. This land was included as part of the reserve (I.R. 88) upon its creation in 1945. Canada offered to negotiate on September 29, 2011.

The Settlement: The final settlement was signed on August 29, 2013. The settlement agreement included $424,015 in compensation to settle the claim.

Nipissing First Nation

The First Nation: Nipissing First Nation is located 23 kilometres west of North Bay. There are 2,559 members.

The Claim: Alleged location of the boundaries of I.R. #10 not surveyed in 1852 in accordance with the provisions of the Robinson-Huron Treaty of 1850, resulting in loss of land to First Nation. This is a pre-Confederation claim.

The Settlement: The final settlement was signed on October 2, 2013. The settlement agreement included $123,900,000 in compensation to settle the claim.

Chippewas of the Thames First Nation

The First Nation: Chippewas of the Thames First Nation is located approximately 20 kilometres southwest of London. There are 2,738 members.

The Claim: Alleged that the 5,120 acre Big Bear Cree Reserve was patented and sold by the Crown in the 1830s without a proper surrender by the First Nation. Furthermore, the compensation paid by the Crown for the loss of the reserve in 1849-50 was inadequate. The land in question was reserved for the First Nation under the Longwoods Treaties (1819-1822).

The Settlement: The final settlement was signed on November 25, 2013. The settlement agreement included $119,998,658 in compensation to settle the claim.