Kakisiwew Final Written Arguments
Court File No. T-2155-00 FEDERAL COURT – TRIAL DIVISION BETWEEN: WESLEY BEAR, FREIDA SPARVIER, JANET HENRY, FREDA ALLARY, ROBERT GEORGE, AUDREY ISAAC, SHIRLEY FLAMONT, KELLY MANHAS, MAVIS BEAR and MICHAEL KENNY, on their own behalf and on behalf of all other members of the KAKISIWEW INDIAN BAND, Plaintiffs, - and - HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by THE MINISTER OF INDIAN AND NORTHERN AFFAIRS and THE OCHAPOWACE INDIAN BAND NO. 71, Defendants. Court File No.: T-2153-00 FEDERAL COURT – TRIAL DIVISION BETWEEN: PETER WATSON, SHARON BEAR, CHARLIE BEAR, WINSTON BEAR and SHELDON WATSON, being the Heads of Family of the direct descendants of the Chacachas Indian Band, representing themselves and all other members of the CHACACHAS INDIAN BAND, Plaintiffs, - and - HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by THE MINISTER OF INDIAN AND NORTHERN AFFAIRS CANADA and THE OCHAPOWACE FIRST NATION, Defendants. FINAL WRITTEN REPRESENTATIONS On behalf of the Plaintiffs Wesley Bear et al. BOUDREAU LAW Barristers & Solicitors 100-1619 Pembina Highway Winnipeg, MB R3T 3Y6 Phone: 204-318-2688 Facsimile: 204-477-6057 TABLE OF CONTENTS Page No. Overview 2 Part I FACTS 2 Part II POINTS OF ISSUE 13 Part III SUBMISSIONS 13 Part IV ORDER SOUGHT 50 Part V LIST OF AUTHORITIES 52 1 OVERVIEW 1. This final submission is provided on behalf of the Plaintiffs Wesley Bear et al. (the “Bear” or “Kakisiwew” plaintiffs) in Court Action T-2155-00. 2. The Kakisiwew Indian Band was a recognized Band under Treaty 4 and the Indian Act, (1876). Chief Kakisiwew was the first to put his mark on Treaty 4 on September 15, 1874.
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