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Review: Negotiation of a Settlement Treaty Land Entitlement of Peguis First Nation

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Review: Negotiation of a Settlement Treaty Land Entitlement of Peguis First Nation 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 Peguis Peguis Page 8 First Nation First Nation Page 1 Newsletter Newsletter Canada essentially refused to reply to the Summary Comments: community purposes, resolution of third Peguis Claims Additional TLE 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 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.
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