Summary Comments continued: • possible return of up to about 16,000 acres of former St. Peters Reserve land by ; Review: Negotiation of a Settlement • a permanent tri-partite Implementation Committee including Treaty Land Entitlement of and Manitoba to oversee implementation and resolve problems encountered; and Peguis First Nation • an advance tax ruling confirmation that the settlement funds to be Newsletter No. 8 May 2006 paid and deposited into the Peguis Trust will be exempt from taxation.

Settlement funds will be administered in the Peguis First Questions & Answers Introduction Nation Trust, a separate legal body under the control of the Peguis membership. Although Council will act as the Our members will soon be asked to con- Mis-Koo-Kinew (a.k.a. Henry Prince), the son of Chief Peguis, was sider the terms of settlement. We will be “initial Trustees”, they will be replaced by Trustees elected the first Chief to sign on August 3, 1871. He signed Treaty planning a series of open meetings, for on behalf of the “St. Peter’s Band” as the Peguis First Nation was by the Peguis membership. Two independent Trustees are Peguis Members, in the near future. As then called (in fact, the official name of the First Nation is still the appointed by Council. always should any members of Peguis have any questions, you are invited to “Peguis Indian Band”). Under the written terms of Treaty 1, Peguis Inside this issue: Chief Louis Stevenson has carried the responsibility for refer your questions to any member of was entitled to 160 acres of reserve land for each family of 5 persons advancement of the Peguis TLE claim for over 20 years, Council, or set out your question on the to be held in common by the band. In addition, all Chiefs signing Peguis Claims Additional 2 Treaty 1 had been orally assured by the Treaty Commissioners that a responsibility shared with the many Chiefs and Councils attached postcard and mail to the Peguis TLE Administration offices. the amount of land already occupied by Band members would that came before his long term in office. The settlement of Peguis Requests an 2 TLE has been difficult to negotiate and we have faced many Independent Federal not be included in the calculation of the amount of common Also for further information Inquiry Reserve to be set aside for the First Nation under Treaty 1. complicated issues. The detailed terms of settlement are see our website at Peguis TLE Claim is 3 over 200 pages in length, but the most important terms with Accepted Canada also agreed to complete an “accurate census” to respect to land, implementation costs, payment of negotiation Peguis.ca. Negotiations on Amount 3 determine the actual number of members before Canada set loans and legal costs are described in this Newsletter. of Additional TLE due to Peguis aside land as Reserve. However, it failed to take an accurate ✁ Other Key Terms of 4 census. Instead the written historical record confirms that Canada Potential TLE Settlement I have a question about: estimated the number of Peguis members. Canada’s estimate was Advance Tax Ruling 5 incorrect. The actual number of members was higher than Canada Transfer of Former St. estimated before the St. Peter’s Reserve Treaty Land Entitlement Peter's Reserve Land 5 was surveyed in 1873/74. Approval of a TLE Surrender Claim Settlement by the Peguis 6 Membership "...The Band of which Peguis did not then Henry Prince, otherwise Summary Comments 7 receive all of the Date: ______Mis Koo Kinew, is Chief comprised according to Reserve to which Questions & Answers- 8 More Information the Paylist 1166 persons it was entitled but 20 per Cent should under Treaty 1. This My question: be added for Absentees making together -1399- shortfall in land say 1400 persons This Reserve is near St. amount is called an Peters Parish on Red outstanding “Treaty River. ..." land entitlement” or TLE.

Canada's 1872 population estimate

Peguis Peguis Page 8 First Nation First Nation Page 1 Newsletter Newsletter community purposes, resolution of third Peguis Claims Additional TLE Canada essentially refused to reply to the Summary Comments: Peguis TLE claim until the confrontation with party interests, the repayment of negotiation the Mohawks of Kanesetake at Oka, Quebec A TLE settlement by Peguis is a positive step, loan funding and all final legal costs, a Peguis has long asserted that it has outstanding in the summer of 1990 brought the state of the provision of land to Peguis in the long land selection study and the costs of the TLE - a related claim was submitted as long land claims policy in Canada into question. overdue implementation of Treaty 1. Canada has community approval process; ago as 1978, but rejected by Canada. In July 1991, nearly 8 years after submission struggled with its historic debt, the provision by Peguis, Canada replied to Peguis – reject- of outstanding TLE since Treaties were signed, • entitlement to approximately 260 square In November 1983, some 130 years after Treaty ing its claim to additional TLE, asserting that but only recently has Canada begun the process miles (166,794 acres) of additional Reserve 1, Peguis submitted a claim to Canada under its the amount of land provided under the 1907 of meeting its lawful obligations. Even so, a land that would triple the existing land base new “specific land claims policy” asserting that surrender satisfied all Peguis TLE due under Peguis TLE settlement is one of some 70 TLE of Peguis, providing increased opportunities Canada had failed to provide Peguis the TLE it Treaty 1. settlements in the Prairies since the early 1990s. for community growth and economic was due under Treaty 1. It claimed: development; Settlement of the Peguis TLE would be the Peguis refused to accept Canada’s reply because (a) that land occupied by Peguis mem- largest combined cash and land TLE settlement • a substantial land purchase fund of $51.4 it did not deal with the specific assertions made bers should not have been included with a First Nation in the history of Manitoba. million based on current market values by Peguis (as stated in the above paragraphs) in the calculation of Peguis TLE; determined by independent appraisals; or the technical legal issues they reflected. A (b) that Canada had inaccurately esti- The acceptance of the proposed TLE settlement revised claim submission was made to Canada mated the number of Peguis mem- by the Members of Peguis will be a positive and • allocation of $1.6 million of the land in March 1992. When Canada again failed to bers in calculating its TLE; and important event for the First Nation involving purchase fund to address any third party respond after 2 years had passed, Chief Louis (c) that the setting aside of the Peguis the implementation of our . Peguis interest encountered; Stevenson sought the intervention of the then Reserves after the 1907 surrender will have more opportunity to provide a secure Minister of Indian Affairs Ron Irwin. As a • a $5 million community purposes fund to did not fulfill Canada's TLE obli- foundation for the future generations of the First result, Indian Affairs did respond, but rejected compensate Peguis for Canada's delay in gations to Peguis. Nation. the Peguis TLE claim a second time in their providing TLE owed to Peguis; letter dated May 27, 1994. The Peguis settlement to TLE will include many notable achievements: • an unprecedented level of funding for implementation administration expected to • lump sum payment of an all inclusive take 25 or more years to complete; Peguis Requests an Independent Federal amount of $64,425,000.00 for land purchase, Inquiry ✁

After the confrontation at Oka, Quebec, Canada ATTENTION: Lloyd Stevenson Affix was compelled to establish the independent Legal Advisor Postage federal Indian Specific Claims Commission (ISCC) with the authority to inquire into the reasons for rejection of land claims by Canada. Peguis formally requested an inquiry in June 1994. The ISCC agreed to conduct an inquiry in September 1994.

Between January 1995 and April 1997, the Peguis First Nation ISCC held 5 planning conferences - formal P.O. Box 10 discussions supervised by retired Ontario Peguis Reserve, MB Supreme Court Justice Robert Reid of the ISCC R0C 3J0 to examine the claim and views of both parties. During this period of time, the parties agreed that the validity of the 1907 surrender of St. Peter’s ISCC Report 2001 - 14 ICCP

Peguis Peguis Page 2 Newsletter No. 8 First Nation First Nation Newsletter No. 8 Page 7 Newsletter Newsletter Approval of a TLE Settlement by the Peguis on the Membership List must cast a vote. In order Reserve should be reviewed, and in particular, After extensive research and review of the legal Membership to confirm a settlement of TLE, the majority of the status of Peguis Reserve 1B set apart under issues raised by Peguis before the ISCC and a Peguis members who vote must vote “YES” in the terms of surrender. Peguis asserted that re-examination of the facts and law by Justice Most of the last 2 years have been dedicated to favour of settlement. If the majority of eligible Peguis Reserve 1B was not set apart under the Canada, Canada finally agreed that Peguis had the completion of the form of TLE settlement voting members do not vote on the first vote, a terms of Treaty 1, but as consideration for those outstanding TLE for the reasons asserted by agreement. The final form was initialed by second vote may be called within six months. In matters released under the 1907 surrender. Peguis. Canada at the beginning of March confirming the case of the second vote, a simple majority of the conclusion of negotiations. Once the that vote is required to approve a settlement. arrangements for a vote are completed by Peguis and Indian Affairs, Council must set dates for Current Information is Required: community consultation meetings and a voting Peguis TLE Claim is Accepted date. Once again, Council requests that all members on the Membership List who are 18 years of age On June 29, 1998, in addition to accepting that All "eligible voting members of Peguis," mean- or older provide the Administration office with Peguis had outstanding TLE, Canada agreed ing those persons on the Membership List who a current address. In addition, if you know of that the 1907 surrender of St. Peter’s Reserve will be 18 years of age and older on the voting a relative 18 years or older that may not have was legally invalid and offered to enter into date, will receive notice of the meetings and a their current address on file, we encourage you negotiations on both claims. Although the 1907 large information package if their current mailing to provide their address or contact information. surrender claim remains in negotiation, the terms address is on file. The information package will It is important that the addresses of all of a possible TLE settlement will soon be placed contain the proposed TLE settlement agreement, Members of Peguis have current, accurate before members of Peguis for consideration. the Peguis Trust Agreement, various explanations, contact information on file. If you have any Canada's letter of June 29, 1998, accepting Peguis' TLE and Surrender claims for negotiation information on the voting process and mail-in bal- questions regarding Membership please contact lots from Indian Affairs. the Membership Clerk at 654-2359 or toll free at 1-866-645-2359. Membership applications are Negotiations on Amount of Additional TLE Treaty Land Entitlement (1997 MFA). Peguis available at www.peguis.ca or through telephone Members are entitled to vote by mail-in ballot, at due to Peguis then negotiated its TLE applying the formulas an advance poll, or by personal attendance on the request to have one sent to you. If you wish to used in the 1997 MFA, but incorporated its provide information regarding mailing addresses, voting day. Canada’s view is that Peguis is entitled to only own ideas on entitlement and implementation please contact Linda McPherson at the numbers 9,637 acres of additional Reserve under Treaty into the final result. In August 2003, Peguis listed above. For a valid first vote in favour of settlement, the 1. Regardless, the parties agreed to be guided accepted Canada’s offer of an additional 166, majority of the number of eligible voting members by the 1997 Manitoba Framework Agreement on 794 acres of land for Reserve under Treaty 1 as a first step in reaching agreement on a possible TLE settlement.

Land Amount 182,943 acres Agreed Land Amount By comparison, Peguis Reserve 1B is estimated 166,794 acres to contain 77,208 acres of land. The additional TLE may then triple the Reserve land base of Peguis after implementation.

Of the 166,794 acres, at least 55,038 acres will

Land Amount (acres) be selected from suitable Crown land within the areas encompassed by Treaty 1 and . With some conditions, Crown land may also be selected from anywhere in Manitoba. The Land Amount 9,637 acres balance of land will be purchased, on a willing Comparison buyer / willing seller basis, by Peguis anywhere Peguis Chief and Council: Based on Canada’s Based on Peguis Based on Peguis of TLE calculation of population TLE Negotiations Peguis TLE based December 31, 1999 August 2003 Shortfall in Manitoba. (L to R) Lloyd Sinclair, Chief Louis Stevenson, Glennis Sutherland, Mary Sutherland, Glen Cochrane. on adjusted DOFS population Calculations

Peguis Peguis Page 6 Newsletter No. 8 First Nation First Nation Newsletter No. 8 Page 3 Newsletter Newsletter Other Key Terms of Potential TLE of the community consultation process leading Advance Tax Ruling Settlement to the vote of the Peguis membership on the settlement. This amounts to $3,027,785.00. Treaty 1 is silent on the tax status of . Canada’s operating policy is to recognize the Final negotiations have resulted in modest The provides little protection against inherent right of self-government. Consistent adjustments to the August 2003 consensus, Land Selection Study: In addition to funds taxation today, except for employment income with this policy, Canada agreed, among other but the essential terms of settlement remain already provided for this purpose, Peguis will of status Indians living and working on Reserve. things, that Peguis is a body performing a unchanged. receive a further $25,000.00 to offset costs of In order to ensure that neither the settlement function of government in Canada under Section community planning in relation to economic, funds, nor the income on its investment would 149(1)(c) of the Income Tax Act, and provided Land Purchase Fund: Funds required social and cultural goals of the First Nation be subject to taxation, Peguis hired specialist Peguis follows the terms of the Trust agreement, for land purchase were estimated using 2 associated with its land purchase program. tax lawyers and obtained a written ruling from the capital and investment income will be exempt independent appraisals, resulting in the amount Canada (the Canada Revenue Agency) to from taxation by Canada. of $51,400,000.00. Of this sum $1,600,000.00 Overall Settlement Compensation: Overall, confirm that fact. will be allocated by Peguis for resolution of including funds for the repayment of loans third party interests on land. to offset negotiation costs and final legal costs, Canada will pay Peguis the sum of Federal Payment: Canada will provide Peguis $64,425,000.00 as explained above. Of that compensation for its delay in providing TLE. amount, after the repayment of negotiating Transfer of Former St. Peter's Reserve Land Peguis. Fortunately, Canada accepted the Peguis Peguis will allot $5,000,000.00 to a community loans provided by Canada, final legal costs and view and agreed not to reduce the amount of trust for community purposes under control of setting aside the Land Selection Study funding, In 1946, Manitoba purchased from Canada the land purchase fund which remains at $51.4 Peguis Trustees. a total of $61,372,215.00 will be paid into the approximately 16,000 acres of unsold million (less $1.6M allocated for resolving Third Peguis Trust. surrendered land formerly part of the St. Peter’s Party Interests). Claim Implementation: Peguis Reserve. During the course of TLE negotiations

27 26 25 30 Of the $61,372,215.00 30 29 28 will require funds for its relating to the payment of costs of holding land 26 25 administration of land deposited into the Peguis purchased by Peguis pending Reserve creation, 20 23 24 19 20 21 22 purchases, holding Trust for investment Peguis proposed to Manitoba that it transfer that 23 24 19 and safekeeping, 17 costs, monitoring of 14 13 18 land to Peguis for Reserve under the agreement 17 16 15 14 13 18 15-5-E 15-6-E Reserve creation Land Purchase Fund $ 5 , 0 0 0 , 0 0 0 . 0 0 15-4-E to offset any potential holding costs for Peguis. 8 8 9

7 8 will be set apart 10 11 12 and reporting to Manitoba agreed to this proposal, but Canada 11 12 7

3 the members in a Community initially refused to agree to the selection/transfer, 5 2 1 6 5 over the Fund to be used unless its financial contribution to the land 2 1 6 over time for 32 25+ years it purchase fund was reduced. 36 31 32 35 36 31 will take to c o m m u n i t y 29

p u r p o s e s . 25 30 29 i m p l e m e n t Since Peguis would not have to buy the amount 26 25 30 26 the TLE The balance of of former St. Peter's Reserve land transferred 20 Community Fund for 24 19 20 a g r e e m e n t . the settlement 23 24 19 Community Purposes by Manitoba and the Peguis land purchase 23 14-6-E Negotiation Costs 14-5-E funds to be 14-4-E (Federal Payment) 17 Peguis will allot fund was based on an average of $440.00 14 13 18 Legal Services & 14 13 18 $4,972,215.00 Community used to buy per acre of land, the reduction demanded by Claim Implementation/ land for reserve 11 12 7 8 for these Approval Costs Canada could have been in the range of $4.4 11 12 7 Land Purchase Costs purposes. and for related million to $6.6 million depending on how much 1 6 5 i m p l e m e n t a t i o n 2 Breakdown of Financial Terms of Settlement land was finally transferred (assuming between costs. Initial Selection Negotiation and Legal 10,000 acres to 16,000 acres would be ultimately Libau Community Pasture 35 36 31 32 Leases - Ducks Unlimited Canada Costs: Compensation will transferred). Reducing the purchase fund would 13-4-E 13-5-E 13-6-E 26 include additional amounts for the The Peguis Trust document have provided 100% credit for the Peguis 25 30 29 repayment of negotiation loan funding specifically provides that the Trust negotiations to Canada and no financial offset Map of Initial Selection from Canada of $1,527,785.00, final legal costs funds may not be used to pay the debt or for Peguis – a totally unacceptable result for of $1,250,000.00 and $250,000.00 for the costs operational deficit of Peguis or to make any per capita distribution.

Peguis Peguis Page 4 Newsletter No. 8 First Nation First Nation Newsletter No. 8 Page 5 Newsletter Newsletter Other Key Terms of Potential TLE of the community consultation process leading Advance Tax Ruling Settlement to the vote of the Peguis membership on the settlement. This amounts to $3,027,785.00. Treaty 1 is silent on the tax status of First Nations. Canada’s operating policy is to recognize the Final negotiations have resulted in modest The Indian Act provides little protection against inherent right of self-government. Consistent adjustments to the August 2003 consensus, Land Selection Study: In addition to funds taxation today, except for employment income with this policy, Canada agreed, among other but the essential terms of settlement remain already provided for this purpose, Peguis will of status Indians living and working on Reserve. things, that Peguis is a body performing a unchanged. receive a further $25,000.00 to offset costs of In order to ensure that neither the settlement function of government in Canada under Section community planning in relation to economic, funds, nor the income on its investment would 149(1)(c) of the Income Tax Act, and provided Land Purchase Fund: Funds required social and cultural goals of the First Nation be subject to taxation, Peguis hired specialist Peguis follows the terms of the Trust agreement, for land purchase were estimated using 2 associated with its land purchase program. tax lawyers and obtained a written ruling from the capital and investment income will be exempt independent appraisals, resulting in the amount Canada (the Canada Revenue Agency) to from taxation by Canada. of $51,400,000.00. Of this sum $1,600,000.00 Overall Settlement Compensation: Overall, confirm that fact. will be allocated by Peguis for resolution of including funds for the repayment of loans third party interests on land. to offset negotiation costs and final legal costs, Canada will pay Peguis the sum of Federal Payment: Canada will provide Peguis $64,425,000.00 as explained above. Of that compensation for its delay in providing TLE. amount, after the repayment of negotiating Transfer of Former St. Peter's Reserve Land Peguis. Fortunately, Canada accepted the Peguis Peguis will allot $5,000,000.00 to a community loans provided by Canada, final legal costs and view and agreed not to reduce the amount of trust for community purposes under control of setting aside the Land Selection Study funding, In 1946, Manitoba purchased from Canada the land purchase fund which remains at $51.4 Peguis Trustees. a total of $61,372,215.00 will be paid into the approximately 16,000 acres of unsold million (less $1.6M allocated for resolving Third Peguis Trust. surrendered land formerly part of the St. Peter’s Party Interests). Claim Implementation: Peguis Reserve. During the course of TLE negotiations

27 26 25 30 Of the $61,372,215.00 30 29 28 will require funds for its relating to the payment of costs of holding land 26 25 administration of land deposited into the Peguis purchased by Peguis pending Reserve creation, 20 23 24 19 20 21 22 purchases, holding Trust for investment Peguis proposed to Manitoba that it transfer that 23 24 19 and safekeeping, 17 costs, monitoring of 14 13 18 land to Peguis for Reserve under the agreement 17 16 15 14 13 18 15-5-E 15-6-E Reserve creation Land Purchase Fund $ 5 , 0 0 0 , 0 0 0 . 0 0 15-4-E to offset any potential holding costs for Peguis. 8 8 9

7 8 will be set apart 10 11 12 and reporting to Manitoba agreed to this proposal, but Canada 11 12 7

3 the members in a Community initially refused to agree to the selection/transfer, 5 2 1 6 5 over the Fund to be used unless its financial contribution to the land 2 1 6 over time for 32 25+ years it purchase fund was reduced. 36 31 32 35 36 31 will take to c o m m u n i t y 29

p u r p o s e s . 25 30 29 i m p l e m e n t Since Peguis would not have to buy the amount 26 25 30 26 the TLE The balance of of former St. Peter's Reserve land transferred 20 Community Fund for 24 19 20 a g r e e m e n t . the settlement 23 24 19 Community Purposes by Manitoba and the Peguis land purchase 23 14-6-E Negotiation Costs 14-5-E funds to be 14-4-E (Federal Payment) 17 Peguis will allot fund was based on an average of $440.00 14 13 18 Legal Services & 14 13 18 $4,972,215.00 Community used to buy per acre of land, the reduction demanded by Claim Implementation/ land for reserve 11 12 7 8 for these Approval Costs Canada could have been in the range of $4.4 11 12 7 Land Purchase Costs purposes. and for related million to $6.6 million depending on how much 1 6 5 i m p l e m e n t a t i o n 2 Breakdown of Financial Terms of Settlement land was finally transferred (assuming between costs. Initial Selection Negotiation and Legal 10,000 acres to 16,000 acres would be ultimately Libau Community Pasture 35 36 31 32 Leases - Ducks Unlimited Canada Costs: Compensation will transferred). Reducing the purchase fund would 13-4-E 13-5-E 13-6-E 26 include additional amounts for the The Peguis Trust document have provided 100% credit for the Peguis 25 30 29 repayment of negotiation loan funding specifically provides that the Trust negotiations to Canada and no financial offset Map of Initial Selection from Canada of $1,527,785.00, final legal costs funds may not be used to pay the debt or for Peguis – a totally unacceptable result for of $1,250,000.00 and $250,000.00 for the costs operational deficit of Peguis or to make any per capita distribution.

Peguis Peguis Page 4 Newsletter No. 8 First Nation First Nation Newsletter No. 8 Page 5 Newsletter Newsletter Approval of a TLE Settlement by the Peguis on the Membership List must cast a vote. In order Reserve should be reviewed, and in particular, After extensive research and review of the legal Membership to confirm a settlement of TLE, the majority of the status of Peguis Reserve 1B set apart under issues raised by Peguis before the ISCC and a Peguis members who vote must vote “YES” in the terms of surrender. Peguis asserted that re-examination of the facts and law by Justice Most of the last 2 years have been dedicated to favour of settlement. If the majority of eligible Peguis Reserve 1B was not set apart under the Canada, Canada finally agreed that Peguis had the completion of the form of TLE settlement voting members do not vote on the first vote, a terms of Treaty 1, but as consideration for those outstanding TLE for the reasons asserted by agreement. The final form was initialed by second vote may be called within six months. In matters released under the 1907 surrender. Peguis. Canada at the beginning of March confirming the case of the second vote, a simple majority of the conclusion of negotiations. Once the that vote is required to approve a settlement. arrangements for a vote are completed by Peguis and Indian Affairs, Council must set dates for Current Information is Required: community consultation meetings and a voting Peguis TLE Claim is Accepted date. Once again, Council requests that all members on the Membership List who are 18 years of age On June 29, 1998, in addition to accepting that All "eligible voting members of Peguis," mean- or older provide the Administration office with Peguis had outstanding TLE, Canada agreed ing those persons on the Membership List who a current address. In addition, if you know of that the 1907 surrender of St. Peter’s Reserve will be 18 years of age and older on the voting a relative 18 years or older that may not have was legally invalid and offered to enter into date, will receive notice of the meetings and a their current address on file, we encourage you negotiations on both claims. Although the 1907 large information package if their current mailing to provide their address or contact information. surrender claim remains in negotiation, the terms address is on file. The information package will It is important that the addresses of all of a possible TLE settlement will soon be placed contain the proposed TLE settlement agreement, Members of Peguis have current, accurate before members of Peguis for consideration. the Peguis Trust Agreement, various explanations, contact information on file. If you have any Canada's letter of June 29, 1998, accepting Peguis' TLE and Surrender claims for negotiation information on the voting process and mail-in bal- questions regarding Membership please contact lots from Indian Affairs. the Membership Clerk at 654-2359 or toll free at 1-866-645-2359. Membership applications are Negotiations on Amount of Additional TLE Treaty Land Entitlement (1997 MFA). Peguis available at www.peguis.ca or through telephone Members are entitled to vote by mail-in ballot, at due to Peguis then negotiated its TLE applying the formulas an advance poll, or by personal attendance on the request to have one sent to you. If you wish to used in the 1997 MFA, but incorporated its provide information regarding mailing addresses, voting day. Canada’s view is that Peguis is entitled to only own ideas on entitlement and implementation please contact Linda McPherson at the numbers 9,637 acres of additional Reserve under Treaty into the final result. In August 2003, Peguis listed above. For a valid first vote in favour of settlement, the 1. Regardless, the parties agreed to be guided accepted Canada’s offer of an additional 166, majority of the number of eligible voting members by the 1997 Manitoba Framework Agreement on 794 acres of land for Reserve under Treaty 1 as a first step in reaching agreement on a possible TLE settlement.

Land Amount 182,943 acres Agreed Land Amount By comparison, Peguis Reserve 1B is estimated 166,794 acres to contain 77,208 acres of land. The additional TLE may then triple the Reserve land base of Peguis after implementation.

Of the 166,794 acres, at least 55,038 acres will

Land Amount (acres) be selected from suitable Crown land within the areas encompassed by Treaty 1 and Treaty 2. With some conditions, Crown land may also be selected from anywhere in Manitoba. The Land Amount 9,637 acres balance of land will be purchased, on a willing Comparison buyer / willing seller basis, by Peguis anywhere Peguis Chief and Council: Based on Canada’s Based on Peguis Based on Peguis of TLE calculation of population TLE Negotiations Peguis TLE based December 31, 1999 August 2003 Shortfall in Manitoba. (L to R) Lloyd Sinclair, Chief Louis Stevenson, Glennis Sutherland, Mary Sutherland, Glen Cochrane. on adjusted DOFS population Calculations

Peguis Peguis Page 6 Newsletter No. 8 First Nation First Nation Newsletter No. 8 Page 3 Newsletter Newsletter community purposes, resolution of third Peguis Claims Additional TLE Canada essentially refused to reply to the Summary Comments: Peguis TLE claim until the confrontation with party interests, the repayment of negotiation the Mohawks of Kanesetake at Oka, Quebec A TLE settlement by Peguis is a positive step, loan funding and all final legal costs, a Peguis has long asserted that it has outstanding in the summer of 1990 brought the state of the provision of land to Peguis in the long land selection study and the costs of the TLE - a related claim was submitted as long land claims policy in Canada into question. overdue implementation of Treaty 1. Canada has community approval process; ago as 1978, but rejected by Canada. In July 1991, nearly 8 years after submission struggled with its historic debt, the provision by Peguis, Canada replied to Peguis – reject- of outstanding TLE since Treaties were signed, • entitlement to approximately 260 square In November 1983, some 130 years after Treaty ing its claim to additional TLE, asserting that but only recently has Canada begun the process miles (166,794 acres) of additional Reserve 1, Peguis submitted a claim to Canada under its the amount of land provided under the 1907 of meeting its lawful obligations. Even so, a land that would triple the existing land base new “specific land claims policy” asserting that surrender satisfied all Peguis TLE due under Peguis TLE settlement is one of some 70 TLE of Peguis, providing increased opportunities Canada had failed to provide Peguis the TLE it Treaty 1. settlements in the Prairies since the early 1990s. for community growth and economic was due under Treaty 1. It claimed: development; Settlement of the Peguis TLE would be the Peguis refused to accept Canada’s reply because (a) that land occupied by Peguis mem- largest combined cash and land TLE settlement • a substantial land purchase fund of $51.4 it did not deal with the specific assertions made bers should not have been included with a First Nation in the history of Manitoba. million based on current market values by Peguis (as stated in the above paragraphs) in the calculation of Peguis TLE; determined by independent appraisals; or the technical legal issues they reflected. A (b) that Canada had inaccurately esti- The acceptance of the proposed TLE settlement revised claim submission was made to Canada mated the number of Peguis mem- by the Members of Peguis will be a positive and • allocation of $1.6 million of the land in March 1992. When Canada again failed to bers in calculating its TLE; and important event for the First Nation involving purchase fund to address any third party respond after 2 years had passed, Chief Louis (c) that the setting aside of the Peguis the implementation of our Treaty rights. Peguis interest encountered; Stevenson sought the intervention of the then Reserves after the 1907 surrender will have more opportunity to provide a secure Minister of Indian Affairs Ron Irwin. As a • a $5 million community purposes fund to did not fulfill Canada's TLE obli- foundation for the future generations of the First result, Indian Affairs did respond, but rejected compensate Peguis for Canada's delay in gations to Peguis. Nation. the Peguis TLE claim a second time in their providing TLE owed to Peguis; letter dated May 27, 1994. The Peguis settlement to TLE will include many notable achievements: • an unprecedented level of funding for implementation administration expected to • lump sum payment of an all inclusive take 25 or more years to complete; Peguis Requests an Independent Federal amount of $64,425,000.00 for land purchase, Inquiry ✁

After the confrontation at Oka, Quebec, Canada ATTENTION: Lloyd Stevenson Affix was compelled to establish the independent Legal Advisor Postage federal Indian Specific Claims Commission (ISCC) with the authority to inquire into the reasons for rejection of land claims by Canada. Peguis formally requested an inquiry in June 1994. The ISCC agreed to conduct an inquiry in September 1994.

Between January 1995 and April 1997, the Peguis First Nation ISCC held 5 planning conferences - formal P.O. Box 10 discussions supervised by retired Ontario Peguis Reserve, MB Supreme Court Justice Robert Reid of the ISCC R0C 3J0 to examine the claim and views of both parties. During this period of time, the parties agreed that the validity of the 1907 surrender of St. Peter’s ISCC Report 2001 - 14 ICCP

Peguis Peguis Page 2 Newsletter No. 8 First Nation First Nation Newsletter No. 8 Page 7 Newsletter Newsletter Summary Comments continued: Peguis First Nation • possible return of up to about 16,000 acres of former St. Peters Reserve land by Manitoba; Review: Negotiation of a Settlement • a permanent tri-partite Implementation Committee including Canada Treaty Land Entitlement of and Manitoba to oversee implementation and resolve problems encountered; and Peguis First Nation • an advance tax ruling confirmation that the settlement funds to be Newsletter No. 8 May 2006 paid and deposited into the Peguis Trust will be exempt from taxation.

Settlement funds will be administered in the Peguis First Questions & Answers Introduction Nation Trust, a separate legal body under the control of the Peguis membership. Although Council will act as the Our members will soon be asked to con- Mis-Koo-Kinew (a.k.a. Henry Prince), the son of Chief Peguis, was sider the terms of settlement. We will be “initial Trustees”, they will be replaced by Trustees elected the first Chief to sign Treaty 1 on August 3, 1871. He signed Treaty planning a series of open meetings, for on behalf of the “St. Peter’s Band” as the Peguis First Nation was by the Peguis membership. Two independent Trustees are Peguis Members, in the near future. As then called (in fact, the official name of the First Nation is still the appointed by Council. always should any members of Peguis have any questions, you are invited to “Peguis Indian Band”). Under the written terms of Treaty 1, Peguis Inside this issue: Chief Louis Stevenson has carried the responsibility for refer your questions to any member of was entitled to 160 acres of reserve land for each family of 5 persons advancement of the Peguis TLE claim for over 20 years, Council, or set out your question on the to be held in common by the band. In addition, all Chiefs signing Peguis Claims Additional 2 Treaty 1 had been orally assured by the Treaty Commissioners that a responsibility shared with the many Chiefs and Councils attached postcard and mail to the Peguis TLE Administration offices. the amount of land already occupied by Band members would that came before his long term in office. The settlement of Peguis Requests an 2 TLE has been difficult to negotiate and we have faced many Independent Federal not be included in the calculation of the amount of common Also for further information Inquiry Reserve to be set aside for the First Nation under Treaty 1. complicated issues. The detailed terms of settlement are see our website at Peguis TLE Claim is 3 over 200 pages in length, but the most important terms with Accepted Canada also agreed to complete an “accurate census” to respect to land, implementation costs, payment of negotiation Peguis.ca. Negotiations on Amount 3 determine the actual number of members before Canada set loans and legal costs are described in this Newsletter. of Additional TLE due to Peguis aside land as Reserve. However, it failed to take an accurate ✁ Other Key Terms of 4 census. Instead the written historical record confirms that Canada Potential TLE Settlement I have a question about: estimated the number of Peguis members. Canada’s estimate was Advance Tax Ruling 5 incorrect. The actual number of members was higher than Canada Transfer of Former St. estimated before the St. Peter’s Reserve Treaty Land Entitlement Peter's Reserve Land 5 was surveyed in 1873/74. Approval of a TLE Surrender Claim Settlement by the Peguis 6 Membership "...The Band of which Peguis did not then Henry Prince, otherwise Summary Comments 7 receive all of the Date: ______Mis Koo Kinew, is Chief comprised according to Reserve to which Questions & Answers- 8 More Information the Paylist 1166 persons it was entitled but 20 per Cent should under Treaty 1. This My question: be added for Absentees making together -1399- shortfall in land say 1400 persons This Reserve is near St. amount is called an Peters Parish on Red outstanding “Treaty River. ..." land entitlement” or TLE.

Canada's 1872 population estimate

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