Page 1 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) Alexander (BAND-438) 1905 Surrender Settled - Research Start Date : 1991/12/01 Settled Through Negotiations - Date Litigation Became Active : 1994/12/15 - Date Legal Opinion Signed: 1997/07/30 Alleged 1905 surrender of 9,518 acres of Reserve - Canada Offered to Negotiate: 1998/02/03 No. 134, near Edmonton, was improperly taken - Settlement Signed by Canada: 2002/06/01 and that land sales were improperly administered.
Mismanagement of Trust Fund Under Assessment - Date Claim Filed: 2008/10/16 - Relief and Medical Assistance Legal Opinion Signed - Date Legal Opinion Signed: 2010/12/10
The FN alleges mismanagement of its Trust Fund from 1905-1950. The FN alleges that the crown spent money from the FN's Trust fund during this time on food, supplies, relief and medical assistance. The FN alleges that under Treaty 6, it was entitled to receive relief and medical assistance free of charge. The FN alleges that the Crown failed to fulfill the relief and medicine chest provisions of Treaty 6.
Oil and Gas Concluded - Research Start Date : 1992/03/15 Resolved Through Administrative Remedy - Date Legal Opinion Signed: 1992/11/05 - Not Accepted for Negotiations: 1993/01/04 Claim linked to Treaty Land Entitlement. - Date Referred for Admin. Remedy : 1993/03/24
Treaty Land Entitlement Settled - Research Start Date : 1987/03/04 Settled Through Negotiations - Date Legal Opinion Signed: 1991/11/25 - Canada Offered to Negotiate: 1992/01/23 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Claimant: 1998/09/03 Treaty No. 6. - Settlement Signed by Canada: 1998/10/13
Alexis Nakota Sioux Nation (BAND-437) Oil and Gas Settled - Canada Offered to Negotiate: 1991/11/21 Settled Through Negotiations - Research Start Date : 1991/11/23 - Settlement Signed by Canada: 1993/01/27 Claim linked to Treaty Land Entitlement. Page 2 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) TransAlta Utilities Right-of-Way Concluded - Date Litigation Became Active : 1998/07/10 File Closed - Research Start Date : 1999/02/17 - Date Legal Opinion Signed: 2000/08/24 Alleged federal government breached its fiduciary - Not Accepted for Negotiations: 2001/01/29 obligation when it allowed the construction of - Date of ISCC Process/Active: 2001/01/30 transmission lines across the reserve. - File Closed: 2005/07/05
Treaty Land Entitlement Settled - Research Start Date : 1977/08/02 Settled Through Negotiations - Date Legal Opinion Signed: 1990/03/22 - Canada Offered to Negotiate: 1990/04/16 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 1995/03/23 Treaty No. 6.
Athabasca Chipewyan First Nation (BAND-463) Fort Chipewyan - Bennett Dam Concluded - Research Start Date : 1993/01/08 File Closed - Date of ISCC Process/Active: 1996/03/12 - Date Litigation Became Active : 1998/12/04 Alleged construction of the Bennett Dam in - Date Legal Opinion Signed: 2000/10/04 north-eastern BC changed water flow in its - Not Accepted for Negotiations: 2001/04/02 reserve, affecting traditional trapping and fishing - File Closed: 2003/05/01 activities.
Treaty 8 Benefits In Negotiations - Research Start Date : 1994/02/28 Active Negotiations - Date Legal Opinion Signed: 1998/02/16 - Date Litigation Became Active : 1998/05/09 Failure to provide agricultural benefits pursuant to - Date of ISCC Process/Active: 1998/05/10 Treaty No. 8. - Canada Offered to Negotiate: 2008/10/16
Beaver First Nation (BAND-445) Lands Taken For Road Under Assessment - Date Claim Filed: 2008/10/16 Purposes Justice Department Preparing Legal Opinion
Alleges that the transfer of land to Alberta in 1941 and 1972 for road purposes lacked legal validity. The First Nation did not provide informed consent, was inadequately compensated, and lands continue to be trespassed. Page 3 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) Treaty Land Entitlement In Negotiations - Date Claim Filed: 2008/10/16 Active Negotiations - Canada Offered to Negotiate: 2009/01/29 - Pending FN's BCR Accepting to Negotiate: 2009/01/30 Unfulfilled treaty land entitlement pursuant to - Claimant Agreed to Negotiate: 2009/06/04 Treaty No. 8.
Beaver Lake Cree Nation (BAND-460) Treaty Land Entitlement Concluded - Research Start Date : 1985/05/01 File Closed - File Closed: 1994/09/14
Unfulfilled treaty land entitlement pursuant to Treaty No. 6.
Big point-Misteye Mineewatim Group (ASSCTN) Treaty Land Entitlement Concluded - Research Start Date : 1991/05/01 No Lawful Obligation Found - Not Accepted for Negotiations: 1991/12/02
Substance of Claim Not Defined
Bigstone Cree Nation (BAND-458) Survey Discrepancy Concluded - Date Legal Opinion Signed: 1977/01/11 No Lawful Obligation Found - Not Accepted for Negotiations: 1977/06/14
Alleged discrepancy in the survey of its reserve.
Bigstone Cree Nation / Peerless Trout (ASSCTN) Ammunition and Twine Settled - Date Litigation Became Active : 2000/11/29 Settled Through Negotiations - Date Legal Opinion Signed: 2006/03/24 - Canada Offered to Negotiate: 2008/10/16 Failure to provide ammunition and twine pursuant - Settlement Signed by Claimant: 2010/07/21 to Treaty No. 8. - Settlement Signed By Province: 2010/12/12 - Settlement Signed by Canada: 2010/12/13
Treaty 8 Agricultural Settled - Date Litigation Became Active : 2000/11/29 Benefits/Tools Settled Through Negotiations - Date Legal Opinion Signed: 2005/04/19 - Canada Offered to Negotiate: 2008/10/16 Failure to provide agricultural benefits and tools - Settlement Signed by Claimant: 2010/07/21 pursuant to Treaty No. 8. - Settlement Signed By Province: 2010/12/12 - Settlement Signed by Canada: 2010/12/13 Page 4 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s)
Treaty Land Entitlement (Global Settled - Research Start Date : 1991/08/31 Settlement) Settled Through Negotiations - Date Legal Opinion Signed: 1996/02/09 - Not Accepted for Negotiations: 1996/03/15 Unfulfilled treaty land entitlement pursuant to - Date of ISCC Process/Active: 1996/04/18 Treaty No. 8. - Date Litigation Became Active : 2000/11/29 - Canada Offered to Negotiate: 2008/10/16 - Settlement Signed by Claimant: 2010/07/21 - Settlement Signed By Province: 2010/12/12 - Settlement Signed by Canada: 2010/12/13
Blood (BAND-435) 1889 Akers Surrender - Settled - Research Start Date : 1995/06/09 Mismanagement Settled Through Negotiations - Date Legal Opinion Signed: 1995/08/02 - Date Litigation Became Active : 1995/12/16 Surrender of reserve land without compensation. - Canada Offered to Negotiate: 1996/10/07 - Settlement Signed by Canada: 1997/03/27
1889 Akers Surrender-Validity Settled - Research Start Date : 1995/06/09 (Akers II) Settled Through Negotiations - Date Litigation Became Active : 1995/12/16 - Date of ISCC Process/Active: 1996/09/09 Validity of the 1889 surrender. - Date Legal Opinion Signed: 1998/02/18 - Canada Offered to Negotiate: 1998/04/15 - Settlement Signed by Claimant: 2003/12/01 - Settlement Signed by Canada: 2004/03/31
Big Claim Other - Date Claim Filed: 2008/10/16 Active Litigation - File Closed: 2009/05/04 - Date Litigation Became Active : 2011/05/20 This is a TLE/Specific Claim, wherein the FN alleged that the reserve was created in 1880 based on a description given by the chief at the time. Alternatively, that its reserve was set aside by an 1882 survey. The current area of the reserve is based on an 1883 survey. The difference in area between the two surveys is 102 square miles. Further in the alternative, the Band alleges a TLE. Page 5 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) Mismanagement of Assets Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2011/06/20 Alleges the mismanagement of the FN's assets and resources related to cattle ranching on the Blood Tribe Reserve during the period of 1894 to 1923. The claim also alleges the Crown failed to assist in the building and maintenance of an alternate economy.
Timber Limit Reserve 148 A Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2011/06/01 The First Nation alleges that the Crown promised to assist the First Nation with the transition to a different way of life, including the provision of sufficient timber resources. The Blood Tribe further alleges that the Reserve lands set aside for the benefit of the Blood Tribe contained insufficient resources to meet the needs of the Blood Tribe. The Blood Tribe also alleges that DIAND did not protect Reserve 148 A when it was included in the Waterton Lakes National Park and parts of Reserve 148 A were illegally used and occupied by what is now Parks Canada.
Treaty Entitlement Cattle Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2011/06/14 Alleged crown breached obligation by not providing cattle & bulls pursuant to Treaty 7, despite requests made. The Blood Tribe alleges that they were provided with none of the cattle promised under Treaty, and that all cattle owned by the Band was acquired in exchange for horses.
Treaty Land Entitlement Concluded - Date Legal Opinion Signed: 1978/03/21 No Lawful Obligation Found - Date Litigation Became Active : 1980/01/10 - Not Accepted for Negotiations: 1981/10/09 Page 6 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) FN alleges the final survey of their reserve in 1883 didn't accurately reflect their population, resulting in a shortfall of reserve land totalling 102 square miles.
World War II Bombing and In Negotiations - Date Claim Filed: 2008/10/16 Gunnery Range Active Negotiations - Date Legal Opinion Signed: 2008/11/26 - Canada Offered to Negotiate: 2010/08/06 Claimant First Nation alleges 55,000 acres of - Pending FN's BCR Accepting to Negotiate: 2010/08/07 Reserve were taken without a surrender for lease - Claimant Agreed to Negotiate: 2010/10/15 to Department of Defence as a bombing and gunnery range.
Chipewyan Prairie First Nation (BAND-470) Treaty 8 Agricultural Benefits In Negotiations - Date Legal Opinion Signed: 1998/02/16 Active Negotiations - Canada Offered to Negotiate: 2008/10/16
(Band previous name: Janvier) Failure to provide agricultural benefits pursuant to Treaty No. 8.
Treaty Land Entitlement Settled - Research Start Date : 1986/08/05 Settled Through Negotiations - Date Legal Opinion Signed: 1990/03/30 - Canada Offered to Negotiate: 1990/05/31 (Band previous name: Janvier) Unfulfilled treaty - Settlement Signed by Claimant: 1993/03/04 land entitlement pursuant to Treaty 8. - Settlement Signed by Canada: 1993/03/25
Cold Lake First Nations (BAND-464) Primrose Lake - Interest Concluded - Research Start Date : 1990/05/24 No Lawful Obligation Found - Date Legal Opinion Signed: 1994/06/07 - Not Accepted for Negotiations: 1994/06/14 Relates to Primrose claims and is a claim to an entitlement to the interest that had accrued on compensation payments to FNs affected by the range. Page 7 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) Primrose Lake Air Weapons Concluded - Date Legal Opinion Signed: 1975/05/15 Range-PLAWR I Resolved Through Administrative Remedy - Not Accepted for Negotiations: 1975/12/04 - Date Litigation Became Active : 1989/09/28 Alleged inadequate compensation for loss of - Date of ISCC Process/Active: 1992/10/31 traditional harvesting lands (trapping, hunting, - Date Referred for Admin. Remedy : 1995/03/02 fishing, etc.) due to the establishment of the Primrose Lake Air Weapons Range.
Dene Tha' (BAND-448) Ammunition/Twine Provisions Other - Date Litigation Became Active : 1999/02/26 of Treaty 8 Active Litigation
Alleged Crown had obligations to provide Ammunition, Twine and other provisions pursuant to Treaty 8.
Treaty Land Entitlement Other - Date Litigation Became Active : 1999/02/26 Active Litigation
First Nation alleges it did not receive its full land entitlement when reserves were set aside in 1950 and 1960.
Driftpile First Nation (BAND-450) Ammunition & Twine Provisions Under Assessment - Date Claim Filed: 2008/10/16 inTreaty 8 Legal Opinion Signed - Date Legal Opinion Signed: 2009/02/16
The FN alleges that an outstanding lawful obligation exists on the part of the Crown for not having provided sufficient amounts of ammunition and twine from 1899-1952.
Lands Taken for Public Under Assessment - Date Claim Filed: 2008/10/16 Purposes Legal Opinion Signed - Date Legal Opinion Signed: 2011/03/31 Page 8 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) Lands within Driftpile IR# 150 surrendered for lease by the Crown in 1919 were transferred to Alberta in 1931 and 1971granting a fee simple interest. FN claims Canada acted without statutory authority under the Indian Act, and breach of its fiduciary duties, and that the surrendered lands remain under the administration and control of the Crown in Right of Canada for the use and benefit of the FN. The FN seeks a negotiated settlement of restitution and compensation for breach of the Crown's fiduciary duty.
Treaty Land Entitlement Under Assessment - Date Claim Filed: 2008/10/16 Research - Research Start Date : 2009/04/17
Alleges treaty land entitlement shortfall, pursuant to Treaty 8.
Duncan's First Nation (BAND-451) 1928 and 1943 Surrenders- I.R. Settled - Not Accepted for Negotiations: 1994/08/22 151H Settled Through Negotiations - Date Legal Opinion Signed: 1996/12/12 - Canada Offered to Negotiate: 1997/01/31 Alleged surrender of Reserve No. 151H was - Date Litigation Became Active : 1998/06/18 improper. - Settlement Signed by Canada: 1999/03/31
1928 and 1943 Settled - Research Start Date : 1990/03/20 Surrenders-Compensation Settled Through Negotiations - Not Accepted for Negotiations: 1993/04/06 - Date Legal Opinion Signed: 1994/07/07 Alleged invalid surrender taken in 1928 and 1943. - Canada Offered to Negotiate: 1994/08/22 - Settlement Signed by Claimant: 1995/12/15 - Date Litigation Became Active : 1996/01/31 - Settlement Signed by Canada: 1996/02/01 Page 9 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) 1928 and 1943 Concluded - Research Start Date : 1991/08/17 Surrenders-Validity File Closed - Date of ISCC Process/Active: 1994/10/28 - Date Legal Opinion Signed: 1996/12/12 Alleged two surrenders taken in 1928 and 1943 - Not Accepted for Negotiations: 1997/01/31 were invalid. This claim was split off from Claim - Date Litigation Became Active : 1997/02/12 1, which was accepted on the basis of the - File Closed: 2001/06/13 improper application of the FCAA to the land sales proceeds.
1955 Roadway Alienation Concluded - Date Litigation Became Active : 2000/02/08 File Closed - File Closed: 2007/07/05
Band alleges that the Province of Alberta was unauthorized to use the land that was taken for the McKenzie roadway. They allege that Alberta continues to use the land without compensatiion to the band.
Treaty 8 Agricultural Benefits Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/10/22
Alleges Canada did not provide agricultural benefits, ammunition and twine pursuant to Treaty 8.
Enoch Cree Nation #440 (BAND-440) 1888 Passpasschase Concluded - Date Legal Opinion Signed: 1975/04/15 Surrender No Lawful Obligation Found - Not Accepted for Negotiations: 1975/05/12
Alleged illegal surrender of 1888.
1902 Surrender Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/05/01
Alleges Canada has an unfulfilled, lawful obligation to compensate for the wrongful surrender of 9,000 acres of Enoch Reserve in 1902 and the loss of use and benefits therefrom. Page 10 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) 1908 Surrender Concluded - Date Legal Opinion Signed: 1975/04/15 File Closed - Not Accepted for Negotiations: 1975/05/12 - Date Litigation Became Active : 1975/06/30 Alleged illegal surrender. - File Closed: 2004/01/29
Treaty 6 Agricultural Assistance Under Assessment - Date Claim Filed: 2008/10/16 Justice Department Preparing Legal Opinion
The FN alleges it did not receive the agricultural implements which it was promised pursuant to Treaty 6, including agricultural implements, stock and farming assistance.
Treaty Land Entitlement Under Assessment - Date Claim Filed: 2010/05/05 Research - Research Start Date : 2010/05/06
Alleges a shortfall of land of 9,280 acres and seeks financial compensation for loss of use of IR 135. Treaty Land Entitlement Concluded - Research Start Date : 2005/07/08 No Lawful Obligation Found - Not Accepted for Negotiations: 2008/07/31
The FN alleges that it did not receive sufficient land under Treaty 6.
Wrongful Expenditures on Under Assessment - Date Claim Filed: 2010/07/15 Medical Expenses Research - Research Start Date : 2010/07/16
Alleges a breach of Treaty 6 statutory obligations and fiduciary duties by expending capital and revenue account monies on medical expenses.
Yekau Lake Bombing Range Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/03/31
Alleged alienation of IR #135 by the Department of Munitions and Supply and failure by the Crown to consider the environmental impact of the actions by said department. Page 11 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s)
Fort McKay First Nation (BAND-467) Treaty 8 Agricultural Benefits Settled - Date Litigation Became Active : 1990/05/07 Settled Through Negotiations - Date Legal Opinion Signed: 1998/02/16 - Canada Offered to Negotiate: 1998/05/11 Failure to provide agricultural benefits pursuant to - Settlement Signed by Claimant: 2003/10/24 Treaty No. 8. - Settlement Signed by Canada: 2004/03/31
Treaty Land Entitlement Settled - Research Start Date : 1987/05/02 Settled Through Negotiations - Date Litigation Became Active : 1990/05/07 - Date Legal Opinion Signed: 1993/04/01 Unfulfilled treaty land entitlement under Treaty - Not Accepted for Negotiations: 1993/07/14 No. 8. - Date of ISCC Process/Active: 1994/05/17 - Canada Offered to Negotiate: 1998/04/28 - Settlement Signed by Claimant: 2003/10/24 - Settlement Signed by Canada: 2004/03/31
Fort McMurray #468 First Nation (BAND-468) 1927 Surrender Concluded - Research Start Date : 1990/09/26 No Lawful Obligation Found - Date Legal Opinion Signed: 1993/05/21 - Not Accepted for Negotiations: 1993/05/26 Unfulfilled treaty land entitlement pursuant to Treaty No. 8.
Treaty 8 Agricultural and Other Under Assessment - Date Claim Filed: 2008/10/16 Benefits Legal Opinion Signed
Alleged that it did not receive various articles, promised in Treaty 8, namely: farming implements, stock, flags and medals, triennial clothing, ammunition and twine.
Treaty Land Entitlement In Negotiations - Date Legal Opinion Signed: 1993/05/21 Active Negotiations - Date Litigation Became Active : 2001/02/26 - Canada Offered to Negotiate: 2008/10/16 Unfulfilled treaty land entitlement pursuant to - Pending FN's BCR Accepting to Negotiate: 2008/10/17 Treaty No. 8. - Claimant Agreed to Negotiate: 2008/10/23
Frog Lake (BAND-465) Page 12 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) 1889 Wrongful Surrender Concluded - File Closed: 2003/01/12 File Closed
FN alleges that Canada illegally deducted ten acres from Reserve No. 121 in 1889, ten years after the Reserve had been created. The deduction was allegedly made without consent and without a surrender.
Illegal Withholding of Treaty Concluded - Research Start Date : 2004/07/29 Payments File Closed - File Closed: 2008/06/18
The Department of Indian Affairs unlawfully terminated the Treaty Annuities owed to Frog Lake FN in the aftermath of the Northwest Rebellion.
Heart Lake (BAND-469) Primrose Lake Air Weapons Concluded - Research Start Date : 2005/08/23 Range (PLAWR) File Closed - File Closed: 2008/07/03
The band seeks monetary damages and an agreement allowing Heart Lake members access to their traditional lands.
Treaty Land Entitlement Concluded - Research Start Date : 1993/01/14 No Lawful Obligation Found - Not Accepted for Negotiations: 1993/01/18
Unfulfilled treaty land entitlement under Treaty No. 6.
Horse Lake First Nation (BAND-449) 1928 Surrender Settled - Research Start Date : 1991/10/31 Settled Through Negotiations - Date Legal Opinion Signed: 1994/07/07 - Canada Offered to Negotiate: 1994/09/22 Alleged 1928 surrender of its reserve was - Date Litigation Became Active : 1997/03/04 improper. - Settlement Signed by Canada: 2001/03/15 Page 13 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) 1932 Transfer of Road Settled - Settlement Signed by Canada: 2001/03/15 Allowances Settled Through Negotiations
Alleged improper transfer of land in 1932 to Province of Alberta for road purposes. Transfered land had been surrendered in 1928 (Surrender is at issue in another claim).
Kapawe'no First Nation (BAND-452) Deficiencies in Delivery of Concluded - Date Litigation Became Active : 1997/12/03 Programs File Closed - Research Start Date : 2001/07/16 - File Closed: 2006/08/04 (Band previous name: Grouard) Alleged unfair delivery of health, housing, social services, employment, band governance, and economic development programs due to inadequate reserve lands.
Treaty 8 Agricultural Benefits In Negotiations - Research Start Date : 1994/04/25 Active Negotiations - Date Legal Opinion Signed: 1998/02/16 - Date Litigation Became Active : 2001/11/23 (Band previous name: Grouard) Failure to provide - Claimant Agreed to Negotiate: 2006/01/10 agricultural benefits pursuant to Treaty No. 8. - Canada Offered to Negotiate: 2008/10/16
Treaty 8 Ammunition and Twine Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/05/10
(Band previous name: Grouard) The FN is claiming insufficient provision of ammunition and twine according to Treaty 8.
Treaty Land Entitlement Settled - Research Start Date : 1980/10/01 Settled Through Negotiations - Date Legal Opinion Signed: 1986/04/01 - Canada Offered to Negotiate: 1989/01/27 (Band previous name: Grouard) Unfulfilled treaty - Settlement Signed by Claimant: 1991/11/24 land entitlement pursuant to Treaty 8. - Settlement Signed by Canada: 1991/11/29
Kehewin Cree Nation (BAND-466) Page 14 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) Treaty Land Entitlement Under Assessment - Date Claim Filed: 2009/07/08 Research - Research Start Date : 2009/07/09
Alleges a shortfall of land of 4,352 acres (34 people) pursuant to Treaty 6. Treaty Land Entitlement Concluded - Date Legal Opinion Signed: 1996/12/02 No Lawful Obligation Found - Not Accepted for Negotiations: 1997/03/18
Also known as Kehewin #123.
Little Red River Cree Nation (BAND-447) Agricultural Land Entitlement Concluded - Date Litigation Became Active : 2000/07/07 No Lawful Obligation Found - Research Start Date : 2002/11/25 - Not Accepted for Negotiations: 2006/12/22 The FN alleges that there was a shortfall in reserve lands received under Treaty 8. The FN received additional lands in 1965 to compensate for an increase in population and poor quality lands. This additional land was surveyed in 1958 and the FN feels they should have been compensated based on the 1958 band population, not the 1955 population. FN asserts that Canada has misapplied the terms of Treaty 8; a breach of fiduciary duty on the part of the Crown resulting from its failure to advise individuals of the severalty option in Treaty 8; and a shortfall in land entitlement since members of the FN were not given the option of taking land in severalty at 160 acres per person.
Ammunition/Twine Provisions Under Assessment - Date Claim Filed: 2008/10/16 of Treaty 8 Legal Opinion Signed - Date Legal Opinion Signed: 2011/06/21
Alleged Crown has an obligation to provide Ammunition/Twine, according to Treaty 8. Page 15 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) Hunting - Trapping and Fishing Concluded - Research Start Date : 2004/07/14 Rights - Treaty 8 File Closed - File Closed: 2008/07/03
The crown has breached its fiduciary duty and its solemn promise that the Indians would be as free to hunt, trap and fish after the treaty as they would if they never entered into it.
Treaty 8 Agricultural Benefits In Negotiations - Research Start Date : 1994/04/10 Active Negotiations - Date Legal Opinion Signed: 1998/02/16 - Canada Offered to Negotiate: 2008/10/16 Failure to provide agricultural benefits pursuant to Treaty No. 8.
Loon River Cree (BAND-476) Treaty Land Entitlement Settled - Canada Offered to Negotiate: 1992/03/05 Settled Through Negotiations - Settlement Signed by Claimant: 1999/03/10 - Settlement Signed by Canada: 1999/06/23 Unfulfilled obligation for lands and economic benefits pursuant to Treaty No. 8
Louis Bull (BAND-439) 1909 Surrender Other - Research Start Date : 1987/12/01 Active Litigation - File Closed: 1992/11/05 - Date Litigation Became Active : 1997/11/13 Alleged 1909 land surrender was illegal.
Lubicon Lake (BAND-453) Severalty 11/L1 + L7 Settled - Canada Offered to Negotiate: 1991/08/01 Settled Through Negotiations - Settlement Signed by Canada: 1993/07/06
Members of the Lubicon FN received land in severalty allowed under Treaty 8 in the province of Alberta.
Michel Band Members (ASSCTN) Page 16 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) Enfranchisement Concluded - Research Start Date : 1985/04/10 File Closed - Date Legal Opinion Signed: 1987/05/19 - Not Accepted for Negotiations: 1987/05/28 Alleged improper enfranchisement of some of the - Date Litigation Became Active : 1988/10/11 FN members in 1928 and the remainder in 1958. - Date of ISCC Process/Active: 1995/03/14 - File Closed: 2000/10/03
Mikisew Cree First Nation (BAND-461) Severalty 11-B1 Settled - Research Start Date : 1982/01/01 Settled Through Negotiations - Date Legal Opinion Signed: 1984/04/10 - Canada Offered to Negotiate: 1984/07/20 Members of the Mikisew FN, (Previously known - Settlement Signed by Claimant: 1991/04/05 as the Cree Chip) received land in severalty - Settlement Signed by Canada: 1991/12/09 allowed under Treaty 8 in Fort McMurray, Alberta area.
Treaty 8 Agricultural Benefits In Negotiations - Research Start Date : 1993/07/13 Active Negotiations - Date of ISCC Process/Active: 1996/03/05 - Date Legal Opinion Signed: 1996/10/16 (Band previous name: Cree Chip) Failure to - Date Litigation Became Active : 1996/12/15 provide agricultural benefits pursuant to Treaty - Canada Offered to Negotiate: 2008/10/16 No. 8.
Treaty Land Entitlement Settled - Research Start Date : 1978/02/02 Settled Through Negotiations - Settlement Signed by Claimant: 1986/12/19 - Settlement Signed by Canada: 1986/12/23 (Band previous name: Cree Chip) Unfulfilled treaty land entitlement pursuant to Treaty 8.
Montana (BAND-442) Bobtail Reserve Concluded - Research Start Date : 1984/08/03 No Lawful Obligation Found - Date Litigation Became Active : 1985/02/04 - Date Legal Opinion Signed: 1986/09/11 Alleged ownership and wrongful alienation of the - Not Accepted for Negotiations: 1986/09/15 Bobtail Reserve.
O'Chiese (BAND-431) Page 17 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) 1951 Land Exchange Concluded - Research Start Date : 1996/08/01 File Closed - Date Litigation Became Active : 2000/08/30 - File Closed: 2007/04/16 Submitted February 19/1987 and closed February 28/1994. Resubmitted in 1995. Alleged shortfall in a land exchange which was intended to provide FN with the reserve lands it preferred.
Paul (BAND-441) 1906 Wrongful Surrender of Concluded - Date Litigation Became Active : 2000/09/21 Reserve Lands File Closed - Research Start Date : 2001/09/04 - Date Legal Opinion Signed: 2003/01/23 Allege that the Paul Band's surrender of Reserve - Not Accepted for Negotiations: 2003/07/16 133B (635 acres total) in 1906 is invalid because - Date of ISCC Process/Active: 2003/08/28 it violated the surrender requirements stipulated - File Closed: 2009/03/04 by the Indian Act. The claim also alleges that the Crown breached its pre-surrender fiduciary duties.
Duffield Townsite Aug 1911 Settled - Research Start Date : 1993/03/15 Surrender Settled Through Negotiations - Date Legal Opinion Signed: 1994/06/22 - Canada Offered to Negotiate: 1994/09/20 Alleged mismanagement of townsite land sales - Settlement Signed by Canada: 1996/07/26 arising from August 5/1911 surrender of 198.6 acres.
Farmlands - May 13 - 1911 Settled - Research Start Date : 1993/03/15 Surrender Settled Through Negotiations - Date Legal Opinion Signed: 1994/06/22 - Canada Offered to Negotiate: 1994/09/20 Alleged mismanagement of farmland land sales - Settlement Signed by Claimant: 1996/06/21 arising from May 13, 1911 surrender of 4,500 - Settlement Signed by Canada: 1996/07/26 acres.
Grand Trunk Pacific Railway Concluded - Date Claim Filed: 2008/10/16 Rail Line Expropriation No Lawful Obligation Found - Date Legal Opinion Signed: 2009/03/31 - Not Accepted for Negotiations: 2010/12/24 Page 18 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) The FN alleges that the Crown failed to comply with the Railway Act when it authorized the expropriation. Section 46 of the Indian Act alone was not sufficient to expropriate reserve lands. The FN was then deprived of the use of the right of way lands for the entire period from 1908 to the present day without lawful reason.
Mismanagement of Capital In Negotiations - Date Claim Filed: 2008/10/16 Account Inactive Negotiations - Date Legal Opinion Signed: 2010/04/07 - Canada Offered to Negotiate: 2011/05/11 Alleged certain expenditures from FN's trust - Negotiations Inactive: 2011/05/12 accounts were made by Department without - Pending FN's BCR Accepting to Negotiate: 2011/05/13 authorization as required by the Indian Act.
Mismanagement of Sale - IR In Negotiations - Research Start Date : 1997/07/15 133B - 1906 Surrender Inactive Negotiations - Date Legal Opinion Signed: 1998/03/06 - Date Litigation Became Active : 2000/09/21 Alleged lots surrendered in 1906 were not put up - Date of ISCC Process/Active: 2001/11/02 for sale for another four years; that sale was - Canada Offered to Negotiate: 2009/03/03 contrary to terms of surrender; that prices were - Negotiations Inactive: 2009/03/04 under value; and that auction was not advertised. - Pending FN's BCR Accepting to Negotiate: 2009/03/05
Streets and Lanes In Negotiations - Research Start Date : 1993/03/15 Inactive Negotiations - File Closed: 1994/03/14 - Date of ISCC Process/Active: 2000/06/02 Related to unclear title to streets and lanes in - Canada Offered to Negotiate: 2009/03/03 Duffield townsite. - Negotiations Inactive: 2009/03/04 - Pending FN's BCR Accepting to Negotiate: 2009/03/05
Piikani Nation (BAND-436) 1909 Surrender Settled - Research Start Date : 1976/09/03 Settled Through Negotiations - Date Litigation Became Active : 1977/06/24 - Date Legal Opinion Signed: 1983/08/19 (Band previous name: Peigan Nation). Alleged - Settlement Signed by Claimant: 1987/04/21 unlawful surrender of part of reserve in 1909. - Settlement Signed by Canada: 1987/04/30 Page 19 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) 1930 Road Transfer Allowance Settled - Date Litigation Became Active : 1988/03/24 - Hwy 3 Settled Through Negotiations - Date Legal Opinion Signed: 2001/02/09 - Settlement Signed by Canada: 2002/12/06 (Band previous name: Peigan Nation). Claimant alleges Canada wrongfully transferred road allowances to Alberta without the Band's consent and without compensation in 1930, and contrary to the Indian Act in 1950/51.
1981 Permit Settled - Date Litigation Became Active : 1988/03/24 Settled Through Negotiations - Research Start Date : 1994/07/18 - Not Accepted for Negotiations: 1995/11/23 (Band previous name: Peigan Nation). Alleged - Date Legal Opinion Signed: 2001/02/09 Crown did not act in the FN best interests during - Settlement Signed by Canada: 2002/12/06 negotiations for an irrigation canal on the reserve.
Borrow Pits Claim Settled - Date Litigation Became Active : 1988/03/24 Settled Through Negotiations - Canada Offered to Negotiate: 1996/04/16 - Date Legal Opinion Signed: 2001/02/09 (Band previous name: Peigan Nation). Alleged - Settlement Signed by Canada: 2002/12/06 Canada failed to prevent the unlawful alienation of six acres of land by the Lethbridge Northern Irrigation Division (LNID).
CPR Claim 1 - Unlawful Concluded - Date Litigation Became Active : 1988/03/24 Expropriation File Closed - Research Start Date : 1990/12/27 - Date Legal Opinion Signed: 1994/06/21 (Band previous name: Peigan Nation). Alleged - Not Accepted for Negotiations: 1995/04/21 taking of 543.3 acres for railway purposes was - File Closed: 2002/12/06 contrary to Treaty 7, the Indian Act, and the Railway Act.
CPR Claim 2 - Mineral Rights Concluded - Date Litigation Became Active : 1988/03/24 File Closed - Research Start Date : 1990/12/27 - Date Legal Opinion Signed: 1995/09/11 (Band previous name: Peigan Nation). Alleged - Not Accepted for Negotiations: 1997/05/22 minerals were illegally transferred to CPR - File Closed: 2002/12/06 contrary to the Railway Act. Page 20 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) CPR Claim 3 - Re-Purchased Settled - Date Litigation Became Active : 1988/03/24 lands Settled Through Negotiations - Research Start Date : 1990/12/27 - Not Accepted for Negotiations: 1999/09/10 (Band previous name: Peigan Nation). Alleged - Date Legal Opinion Signed: 2001/02/09 Crown breached its fiduciary duty when (a) 71.75 - Settlement Signed by Canada: 2002/12/06 acres of the expropriated lands were re-purchased, and; (b) Third Parties used the lands without conforming to the Indian Act.
Grain Elevator Claim Settled - Date Litigation Became Active : 1988/03/24 Settled Through Negotiations - Research Start Date : 1995/08/30 - Date Legal Opinion Signed: 2001/02/09 (Band previous name: Peigan Nation). Alleged - Settlement Signed by Canada: 2002/12/06 Canada acted fraudulently and in breach of its fiduciary obligations in the operation and maintenance of a grain elevator constructed for the Peigan Nation in 1911, in Brooks, Alberta.
Grazing Leases Under Assessment - Date Claim Filed: 2008/10/16 Justice Department Preparing Legal Opinion
The FN alleges that the Crown's administration of the Piikani reserve land and cattle in the years 1877 to 1943 was not consistent with its Treaty obligations or with its fiduciary duties to the FN. The FN alleges: two grazing leases were issued without the consent of the FN, and one of the two leases was issued contrary to the Indian Act; the leases were exploitative; their cattle herd was mismanaged; and the grazing & hay lands available to the FN was reduced.
LNID Claim Settled - Research Start Date : 1994/01/31 Settled Through Negotiations - Not Accepted for Negotiations: 1997/05/22 - Date Litigation Became Active : 1998/11/05 (Band previous name: Peigan Nation). Alleged - Date Legal Opinion Signed: 2001/02/09 illegal expropriation of lands and minerals by - Settlement Signed by Canada: 2002/12/06 Lethbridge Northern Irrigation District. Page 21 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) Telephone Line Claim Settled - Date Litigation Became Active : 1988/03/24 Settled Through Negotiations - Canada Offered to Negotiate: 1996/04/16 - Date Legal Opinion Signed: 2001/02/09 (Band previous name: Peigan Nation). Alleged - Settlement Signed by Canada: 2002/12/06 Canada failed to prevent the unlawful alienation of a right of way by the Lethbridge Northern Irrigation District.
Saddle Lake (BAND-462) 1925 Surrender Concluded - Date Litigation Became Active : 1988/07/07 File Closed - Research Start Date : 1998/03/12 - Date Legal Opinion Signed: 1999/08/16 Alleged wrongful 1925 surrender of 18,720 acres - Negotiations Inactive: 2000/07/28 of reserve. - Pending FN's BCR Accepting to Negotiate: 2000/07/29 - Canada Offered to Negotiate: 2008/10/16 - File Closed: 2008/12/02
Siksika Nation (BAND-430) 1910 Land Surrender Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2010/07/20
Alleged improprieties around the surrender of 1910 and that the sale proceeds were used contrary to treaty and surrender terms. Claims includes allegations concerning: ration, sales, collection of sales, fiduciary, oil and gas-lease and sales, oil and gas-OIC. These were initially submitted as individual claims.
Acreage Discrepancy - Mineral Settled - Research Start Date : 1985/06/24 Settled Through Negotiations - Date Legal Opinion Signed: 1992/10/21 - Canada Offered to Negotiate: 1993/07/21 Alleged acreage discrepancy in the surrender of - Settlement Signed by Canada: 2000/03/30 1910.
Acreage Discrepancy - Surface Settled - Research Start Date : 1985/06/24 Settled Through Negotiations - Date Legal Opinion Signed: 1992/10/21 - Canada Offered to Negotiate: 1993/07/21 Alleged acreage discrepancy in the surrender of - Settlement Signed by Claimant: 2003/02/07 1910. - Settlement Signed by Canada: 2003/05/08 Page 22 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) Agricultural Provisions Settled - Date Legal Opinion Signed: 1983/10/26 Settled Through Negotiations - Canada Offered to Negotiate: 1983/11/08 - Settlement Signed by Canada: 1984/04/06 Failure to provide agricultural implements pursuant to Treaty No. 7.
Bassano Dam Settled - Research Start Date : 1984/07/20 Settled Through Negotiations - Date Legal Opinion Signed: 1993/07/30 - Canada Offered to Negotiate: 2008/10/16 Challenged validity of expropriation of Bassano - Settlement Signed by Claimant: 2010/09/08 Dam. - Settlement Signed By Province: 2010/10/12 - Settlement Signed by Canada: 2011/03/22
Bassano Dam Minerals Settled - Research Start Date : 1984/07/20 Settled Through Negotiations - Date Legal Opinion Signed: 1986/11/14 - Canada Offered to Negotiate: 1989/06/16 Alleged wrongful alienation of minerals. - Settlement Signed by Canada: 1991/12/09
Castle Mtn. Land and Timber In Negotiations - Research Start Date : 1983/01/17 Active Negotiations - Claimant Agreed to Negotiate: 1989/10/06 - Date Legal Opinion Signed: 1992/05/13 Alleged Timber limit was a reserve and was - Date Litigation Became Active : 2001/02/28 wrongfully alienated without compensation or - Canada Offered to Negotiate: 2008/10/16 consent.
CPR Under Assessment - Date Claim Filed: 2008/10/16 Justice Department Preparing Legal Opinion
General claim related to all CPR surface expropriations.
Stobart Drain Concluded - Research Start Date : 1991/04/26 File Closed - File Closed: 1994/01/20
Alleged wrongful alienation by CPR of the Stobart Drain property to a third party (W.I.D.). Page 23 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) Subsurface Rights Concluded - Research Start Date : 1991/04/26 File Closed - File Closed: 1994/01/20
This is a general claim related to the alienation of subsurface rights.
Treaty Land Entitlement Concluded - Research Start Date : 1980/02/12 No Lawful Obligation Found - Not Accepted for Negotiations: 1980/10/23
Unfulfilled treaty land entitlement pursuant to Treaty No. 7.
Stoney (BAND-471) Alienation of Indian Reserve Concluded - Date Claim Filed: 2008/10/16 142A No Lawful Obligation Found - Not Accepted for Negotiations: 2009/08/06
Alleges unlawful alienation of certain lands designated as Reserve 142A and that the Crown falied to have Reserve 142A confirmed by Order in Council and take into account the Stoneys' needs by putting the requirements of settlers and ranchers ahead of its duties to protect the Stoneys and their land.
Bighorn - Treaty Land Under Assessment - Date Claim Filed: 2008/10/16 Entitlement Research
The Stoney First Nations allege that they were provided with less land than was owed to them under the terms of Treaty 7.
Highway 1A Other - File Closed: 1994/08/19 Active Litigation - Research Start Date : 1995/08/15 - Date Litigation Became Active : 1999/12/20 Claimant alleges unlawful expropriation of reserve land for highway purposes. Page 24 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) Horseshoe Falls and the Concluded - Date Claim Filed: 2008/10/16 Kananaskis Lands No Lawful Obligation Found - Date Legal Opinion Signed: 2009/03/24 - Not Accepted for Negotiations: 2009/12/21 Alleges failure to protect residual benefits and title to Horseshoe Falls and Kananaskis Falls lands.
Mineral-Hydro Claim - Ghost Settled - Research Start Date : 1984/12/17 Lake Dam Settled Through Negotiations - Date Legal Opinion Signed: 1989/03/02 - Canada Offered to Negotiate: 1989/08/21 FN alleges that the expropriations at Ghost Lake - Settlement Signed by Canada: 1991/03/20 and Kananaskis Falls for Calgary Power Company are unlawful and Canada breached its fiduciary obligation when Canada failed to secure exclusive mineral rights to the Ghost Lake and Kananaskis Falls strips of land for the FN.
United Church Property Settled - Research Start Date : 1992/02/17 Settled Through Negotiations - Date Legal Opinion Signed: 1994/11/30 - Canada Offered to Negotiate: 1995/12/04 Alleged church lands were wrongfully alienated - Settlement Signed by Canada: 1999/03/31 from the reserve.
Sturgeon Lake Cree Nation (BAND-455) Agricultural Benefits Treaty 8 Under Assessment - Date Claim Filed: 2010/05/05 Research - Research Start Date : 2010/05/06
Alleges failure to provide economic benefits in the form of agricultural provisions to the Sturgeon Lake Cree Nation pursuant to Treaty 8.
Improper Transfer-Reserve Other - Date Litigation Became Active : 2001/11/29 Lands I.R. 154 Active Litigation
The First Nation alleges that a section of Reserve 154 was misappropriated in 1935 for the purposes of building a road. Page 25 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) Treaty 8 Agricultural Benefits Concluded - Date Litigation Became Active : 2007/12/06 File Closed - File Closed: 2010/03/02
Alleges has yet to receive agricultural benefits pursuant to Treaty 8.
Treaty 8 Ammunition & Twine Other - Date Litigation Became Active : 2001/12/05 Provisions Active Litigation
The First Nation alleges that the Crown failed both to perform its obligations with respect to the ammunition and twine provisions of Treaty 8, and to acknowledge a commitment in this respect until 1952. They claim both that the ammunition and twine provided for relief purposes do not constitute fulfilment of Treaty provisions and the one dollar amount promised in Treaty 8 for ammunition and twine provision is completely insufficient by current terms, and therefore the amount and the treaty itself is "meaningless."
Treaty Land Entitlement Settled - Canada Offered to Negotiate: 1985/09/12 Settled Through Negotiations - Settlement Signed by Claimant: 1989/12/28 - Settlement Signed by Canada: 1990/01/11 Unfulfilled treaty land entitlement pursuant to Treaty No. 8.
Sucker Creek (BAND-456) Ammunition and Twine Other - Research Start Date : 2004/04/01 Provisions Treaty 8 Active Litigation - Date Litigation Became Active : 2005/05/04
The FN alleges that an outstanding lawful obligation exists on the part of the Crown for not having provided insufficient amounts of ammunition and twine from the signing of the treaty to today. Page 26 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) Treaty 8 Land Entitlement Other - Research Start Date : 1992/10/23 Active Litigation - Not Accepted for Negotiations: 1995/07/28 - Date Litigation Became Active : 2005/05/04 The FN alleges a shortfall of land provided in 1901, the alleged Date of First Survey. The FN alleges a shortfall under Calculation 1 and a shortfall under Calculation 2.
Sunchild First Nation (BAND-434) Treaty 6 Agricultural Assistance Under Assessment - Date Claim Filed: 2009/02/11 Legal Opinion Signed - Research Start Date : 2009/02/12 - Date Legal Opinion Signed: 2011/06/17 Alleges Crown has obligation to provide agricultural assistance pursuant to Treaty 6.
Treaty Land Entitlement In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Date Litigation Became Active : 2009/10/09 - Canada Offered to Negotiate: 2010/10/17 Alleges a treaty land entitlement shortfall of 1,954 - Negotiations Inactive: 2010/10/18 acres. - Pending FN's BCR Accepting to Negotiate: 2010/10/19
Swan River First Nation (BAND-457) Ammunition and Twine Under Assessment - Date Claim Filed: 2008/10/16 Provisions in Treaty 8 Legal Opinion Signed - Date Legal Opinion Signed: 2009/02/16
The FN alleges that an outstanding lawful obligation exists on the part of the Crown for not having provided sufficient amounts of ammunition and twine from 1899-1952.
IR 150E - Road Rights of Way Under Assessment - Date Claim Filed: 2008/10/16 Justice Department Preparing Legal Opinion
Alleges that the transfer of lands for five roads in 1917 - 1918 - 1932 and 1965 lacked legal validity. The First Nation did not provide informed consent, and was inadequately compensated. Page 27 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) Kinuso Townsite Alienation Under Assessment - Date Claim Filed: 2008/10/16 Justice Department Preparing Legal Opinion
The FN alleges that a portion of Swan River Reserve 150E was sold and patented by Canada in 1919 without having been surrendered by the Band; Indian Affairs discovered the situation in 1956, but deliberately failed to notify the Band of its oversight.
Treaty 8 Agricultural Benefits Under Assessment - Date Claim Filed: 2009/07/08 Justice Department Preparing Legal Opinion - Research Start Date : 2009/07/09
Alleges has yet to be provided with agricultural benefits pursuant to Treaty 8.
Treaty Land Entitlement Concluded - Date Claim Filed: 2008/10/16 File Closed - Research Start Date : 2009/04/17 - File Closed: 2010/10/29 Alleges treaty land entitlement shortfall, pursuant to Treaty 8.
Treaty Land Entitlement Under Assessment - Date Claim Filed: 2011/01/12 Shortfall Research - Research Start Date : 2011/01/13
Alleges unfulfilled treaty land entitlement pursuant to Treaty 8 and loss of use.
Trespass on Road Allowances Under Assessment - Date Claim Filed: 2008/10/16 Justice Department Preparing Legal Opinion
Alleged Canada breached its legal and fiduciary obligations in allowing Province of Alberta to construct, establish and maintain eight road allowances within Reserve No. 150E without authorization by Governor General in Council, and without compensation.
Tallcree (BAND-446) Page 28 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) Treaty Land Entitlement (SPLIT Settled - Date Legal Opinion Signed: 1992/01/03 #1) Treaty Land Entitlement Settled Through Negotiations - Settlement Signed by Claimant: 1993/11/29 - Settlement Signed by Canada: 1993/12/14 Unfulfilled treaty land entitlement pursuant to Treaty No. 8.
Treaty Land Entitlement (SPLIT Settled - Date Legal Opinion Signed: 1992/01/03 #2) Loss of Use Settled Through Negotiations - Settlement Signed by Claimant: 1993/11/29 - Settlement Signed by Canada: 1993/12/14 Loss of use of the entitlement lands.
Treaty 7 Ammunition Claim (ASSCTN) Treaty 7 Ammunition Settled - Research Start Date : 1972/04/21 Settled Through Negotiations - Date Legal Opinion Signed: 1972/09/19 - Canada Offered to Negotiate: 1973/05/04 Failure to provide ammunition pursuant to Treaty - Settlement Signed by Canada: 1974/12/17 No. 7.
Tsuu T'ina Nation (BAND-432) 1930 Surrender for Gravel In Negotiations - Date Legal Opinion Signed: 2006/12/06 Lease Active Negotiations - Pending FN's BCR Accepting to Negotiate: 2008/01/26 - Claimant Agreed to Negotiate: 2008/07/29 The FN alleged that the 1930 surrender for a - Canada Offered to Negotiate: 2008/10/16 gravel lease is invalid. Alternatively, if the surrender is valid, Canada breached a pre-surrender fiduciary duty to the FN 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 FN or payment of any further compensation for the extraction of gravel for construction of the Glenmore Reservoir.
Calgary Irrigation Company Settled - Research Start Date : 1995/01/03 Settled Through Negotiations - Date Legal Opinion Signed: 1995/06/07 - Canada Offered to Negotiate: 1995/07/13 Concerned expropriation of 107 acres of reserve - Settlement Signed by Claimant: 1997/03/07 land in June 1893. - Settlement Signed by Canada: 1997/04/01 Page 29 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) DND Lease Settled - Date Litigation Became Active : 1982/03/04 Settled Through Negotiations - Date Legal Opinion Signed: 1985/01/28 - Settlement Signed by Claimant: 1985/03/06 Concerned leasing of 4,780 hectares of reserve - Settlement Signed by Canada: 1985/03/22 lands for Department of National Defense use.
Glenmore Reservoir In Negotiations - Research Start Date : 1999/02/18 Active Negotiations - Date Litigation Became Active : 2001/02/28 - Date Legal Opinion Signed: 2006/12/06 Alleged that both the surrender of land in 1913 - Pending FN's BCR Accepting to Negotiate: 2008/01/26 and the surrender of land in 1931 were not valid - Claimant Agreed to Negotiate: 2008/07/29 because the federal government breached its - Canada Offered to Negotiate: 2008/10/16 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.
Mineral Rights Concluded - Date Litigation Became Active : 2001/02/28 No Lawful Obligation Found - Date Legal Opinion Signed: 2007/06/05 - Not Accepted for Negotiations: 2008/01/25 The FN seeks confirmation from Canada that the oil and gas and other mineral rights underlying the Glenmore Reservoir lands, lands, as well as the Priddis Trail, did not legally pass to the City of Calgary and that legal title to the mines and minerals continue to be vested in the Crown as reserve for its exclusive use and benefit. Alternatively, if the title to the mines and minerals was legally transferred to the City of Calgary, the Crown breached its fiduciary duty by failing to expressly reserve such interests from the surrender and sale of the reserve lands to the City of Calgary for the benefit of the FN. Page 30 of 326 Report as of 2011/07/04 Status Report on Specific Claims
ALBERTA (141)
Claimant & Claim Name Current Status & Description Key Date(s) Priddis Trail In Negotiations - Date Litigation Became Active : 2001/02/28 Inactive Negotiations - Research Start Date : 2004/11/17 - Date Legal Opinion Signed: 2008/04/01 The FN sought confirmation that the 10.23-acre - Canada Offered to Negotiate: 2009/11/13 portion of the Priddis Trail located within the lands - Negotiations Inactive: 2009/11/14 surrendered in 1900, and sold to the City of - Pending FN's BCR Accepting to Negotiate: 2009/11/15 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 FN 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 FN 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 FN.
Whitefish Lake (BAND-459) Treaty 8 Agricultural Benefits In Negotiations - Research Start Date : 1994/09/06 Active Negotiations - Date Legal Opinion Signed: 1998/11/04 - Date of ISCC Process/Active: 2000/04/19 Unfulfilled entitlement to a 'first time' request for - Canada Offered to Negotiate: 2008/10/16 agricultural benefits under the provisions of Treaty No. 8.
Treaty Land Entitlement Settled - Research Start Date : 1980/05/02 Settled Through Negotiations - Date Legal Opinion Signed: 1985/07/30 - Canada Offered to Negotiate: 1986/04/11 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 1990/01/11 Treaty 8.
Woodland Cree First Nation (BAND-474) Treaty Land Entitlement Settled - Canada Offered to Negotiate: 1989/08/29 Settled Through Negotiations - Settlement Signed by Claimant: 1991/08/13 - Settlement Signed by Canada: 1991/08/20 Unfulfilled obligation for lands and economic benefits pursuant to Treaty No. 8 Page 31 of 326 Report as of 2011/07/04 Status Report on Specific Claims
BRITISH COLUMBIA (595)
Claimant & Claim Name Current Status & Description Key Date(s) ?Akisq'nuk First Nation (BAND-604) Elkhorn Ranch Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/04/21 - Not Accepted for Negotiations: 2011/03/15 (Brand previous name: Columbia Lake) FN Alleges lands were part of its traditional village and should have been reserved.
Madias & Tatley Lands Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/04/20 - Not Accepted for Negotiations: 2011/02/21 (Brand previous name: Columbia Lake) FN alleges alienation of the Madias and Tatley lands.
?Esdilagh First Nation (BAND-709) BC Cut-Off Lands (SPLIT #01) Settled - Canada Offered to Negotiate: 1981/01/21 Settled Through Negotiations - Settlement Signed by Claimant: 1987/05/07 - Settlement Signed By Province: 1987/10/06 (Band previous name: Alexandria). Alienation of - Settlement Signed by Canada: 1988/02/12 reserve land arising from decisions of the McKenna-McBride Commission in 1916.
Graveyard Settled - Date Legal Opinion Signed: 1984/02/08 Settled Through Negotiations - Canada Offered to Negotiate: 1984/07/25 - Settlement Signed by Claimant: 1992/04/21 (Band previous name: Alexandria). Alienation of a - Settlement Signed by Canada: 1992/04/28 FN graveyard.
Adams Lake (BAND-684) Forest Access Road Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/03/02
Alleges that an Order-In-Council transferred a limited interest in a forest access road and not fee simple title.
Ahousaht (BAND-659) Page 32 of 326 Report as of 2011/07/04 Status Report on Specific Claims
BRITISH COLUMBIA (595)
Claimant & Claim Name Current Status & Description Key Date(s) Allotment of Marktosis I.R. 15 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2008/12/12 - Not Accepted for Negotiations: 2009/08/06 Inadequate reserve allotment of Marktosis I.R. 15 in the 1880s.
Aitchelitz (BAND-558) Aitchelitz IR 9 Road Under Assessment - Date Claim Filed: 2008/10/16 Right-of-Way Justice Department Preparing Legal Opinion
Alleged improper expropriation and inadequate compensation for road right of way through Aitchelitz I.R. 9.
Commonage I.R. No. 17 Settled - Research Start Date : 1985/09/04 Settled Through Negotiations - Date Legal Opinion Signed: 1986/11/19 - Canada Offered to Negotiate: 1991/03/09 Alleged surrender of Commonage I.R. No. 17 in - Settlement Signed by Claimant: 1995/03/08 1922 was unlawful and that it did not involve a - Settlement Signed by Canada: 1995/03/30 majority of eligible voters.
Alexis Creek (BAND-710) Alienation of Lots 1531 & 1532 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/06/01 Alleged failure to protect Lots 1531 & 1532 from - Not Accepted for Negotiations: 2010/12/24 encroachment and failure to prepare the Band for making land applications to the McKenna- McBride Commission.
Alienation of Settlement at Concluded - Date Claim Filed: 2008/10/16 Alexis Creek No Lawful Obligation Found - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/06/01 Alleged failure to protect Indian settlements at - Not Accepted for Negotiations: 2010/12/24 Alexis Creek from alienation and failure to prepare the Band for making land application to the the McKenna-McBride Commission. Page 33 of 326 Report as of 2011/07/04 Status Report on Specific Claims
BRITISH COLUMBIA (595)
Claimant & Claim Name Current Status & Description Key Date(s) Inadequacy of Cemetery Concluded - Date Claim Filed: 2008/10/16 Allotments No Lawful Obligation Found - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/06/01 Seeks compensation for harm resulting from the - Not Accepted for Negotiations: 2010/12/24 Crown's failure to set aside ancient burial sites or to provide adequate graveyard lands.
Inadequacy of Redstone IR No. Concluded - Date Claim Filed: 2008/10/16 1 No Lawful Obligation Found - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/06/01 Claim is the third of an expected thirteen separate - Not Accepted for Negotiations: 2010/12/24 legal responses to the rejection of claim BC-710-C1.
Omnibus - Redstone Flats Concluded - Research Start Date : 1992/03/19 No Lawful Obligation Found - Date Legal Opinion Signed: 1995/10/10 - Not Accepted for Negotiations: 1996/11/22 Alleged certain lands at Alexis Creek and Redstone Flats were not set apart as reserves.
Puntzi Lake and Puntzi Creek Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/06/01 Alleges that the fishing station applied for by the - Not Accepted for Negotiations: 2010/12/24 Band was surveyed in the wrong location.
Water Rights Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/06/01 Failure of the Crown to obtain adequate water - Not Accepted for Negotiations: 2010/12/24 rights or irrigation for the Band.
Ashcroft (BAND-685) Ashcroft I. R. No. 3 Water Concluded - Date Claim Filed: 2008/10/16 Rights File Closed - File Closed: 2009/05/26
Alleged failure to protect water rights sufficient to realize the purposes for which I.R. No. 3 was set aside. Page 34 of 326 Report as of 2011/07/04 Status Report on Specific Claims
BRITISH COLUMBIA (595)
Claimant & Claim Name Current Status & Description Key Date(s) Ashcroft I. R. No. 4 Preemption Concluded - Research Start Date : 1993/02/12 & Water File Closed - Date Legal Opinion Signed: 1995/11/27 - File Closed: 2009/05/26 Alleged unlawful preemption of Indian settlement; issues relating to land exchange Lot. 17, Lot 446 and Southdown Hill; issues relating to water rights and boundaries of I.R. No. 4.
CNR Right of Way on Ashcroft Concluded - Date Claim Filed: 2008/10/16 IR's 1 & 2 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/11/15 - Not Accepted for Negotiations: 2011/05/11 Alleged unlawful taking and inadequate compensation regarding CNR right of way across Ashcroft IR's 1 and 2.
McLean's Lake I.R. No. 3 In Negotiations - Date Legal Opinion Signed: 1993/03/03 Active Negotiations - Claimant Agreed to Negotiate: 2003/12/19 - Canada Offered to Negotiate: 2008/10/16 Alleged unlawful taking of a half of McLean's Lake I.R. No. 3 in 1939.
Water claim on 105 Mile Post Concluded - Date Claim Filed: 2008/10/16 I.R. No. 2 File Closed - File Closed: 2009/05/26
Alleged failure to protect water rights sufficient to realize the purposes for which I.R. No. 2 was set aside.
Beecher Bay (BAND-640) Alienation of 1.5 acres / Partial In Negotiations - Date Claim Filed: 2008/10/16 Lot 49 Inactive Negotiations - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2009/10/30 Alleged that 1.5 acres of land (part of lot 49) was - Canada Offered to Negotiate: 2011/05/16 unlawfully alienated from the FN's I.R. No. 1. - Negotiations Inactive: 2011/05/17 - Pending FN's BCR Accepting to Negotiate: 2011/05/18
BC Cut-Off Lands (SPLIT #02) Settled - Canada Offered to Negotiate: 1981/01/21 Settled Through Negotiations - Date Legal Opinion Signed: 1984/02/23 - Settlement Signed by Claimant: 1984/10/25 Alienation of reserve land arising from decisions - Settlement Signed By Province: 1984/10/26 of the McKenna-McBride Commission in 1916 - Settlement Signed by Canada: 1984/11/03 Page 35 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Rocky Islets and Land Opposite In Negotiations - Date Claim Filed: 2008/10/16 Sec. 1 Inactive Negotiations - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2009/11/09 Alleged that the Rocky Islets in Beecher Bay and - Canada Offered to Negotiate: 2011/05/19 the land opposite Section 1 were unlawfully - Negotiations Inactive: 2011/05/20 alienated from the FN's I.R. No. 1. - Pending FN's BCR Accepting to Negotiate: 2011/05/21
Blueberry River First Nations (BAND-547) Mineral Rights to IR Nos. 204 - Concluded - File Closed: 2008/03/05 205 - 206 File Closed
Alleges that Canada failed in the performance of its legal and fiduciary obligations to secure subsurface rights to IR Nos. 204, 205, and 206.
Non-fulfilment of Terms of Concluded - Research Start Date : 2003/11/17 Surrender of IR #172 File Closed - File Closed: 2008/03/05
Alleges that Canada did not adhere to terms of the Surrender of Fort St John IR No. 172 and failed to set aside additional reserve lands as requested by the FN.
Treaty 8 Agricultural Benefits Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/12/24
Alleges that Canada has neither extinguished nor performed its obligations under the agricultural benefits of Treaty 8.
Treaty 8 Land Entitlement In Negotiations - Research Start Date : 2002/10/25 Active Negotiations - Pending FN's BCR Accepting to Negotiate: 2004/09/11 - Claimant Agreed to Negotiate: 2007/04/16 Unfulfilled treaty land entitlement pursuant to - Canada Offered to Negotiate: 2008/10/16 Treaty No. 8.
Bonaparte (BAND-686) Page 36 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Cache Creek I. R. No. 3A - Concluded - Research Start Date : 1985/05/31 Lease File Closed - Date Legal Opinion Signed: 1988/03/21 - Date Litigation Became Active : 1988/03/29 Alleged breach of trust in the negotiation of land - File Closed: 1989/07/10 lease on I.R. No. 3A.
Cache Creek I. R. No. Concluded - Research Start Date : 1980/02/07 3A-Surrender File Closed - File Closed: 1988/04/01
Alleged some 48.69 acres of I.R. No. 3A lands were unlawfully alienated in 1903.
Mauvais Rocher I.R. No. 5 Concluded - Research Start Date : 1990/10/09 No Lawful Obligation Found - Date Legal Opinion Signed: 1993/08/23 - Not Accepted for Negotiations: 1994/11/17 Presented by the Alliance of Tribal Councils. Alleged improper alienation of land from Mauvais Rocher I.R. No. 5 for CNR right-of-way.
Sproat Allotment Concluded - Research Start Date : 1993/08/09 No Lawful Obligation Found - Date Legal Opinion Signed: 2002/07/11 - Not Accepted for Negotiations: 2002/12/02 Alleged 200 acre reserve was unlawfully alienated.
Trutch Reduction Concluded - Research Start Date : 1993/12/15 No Lawful Obligation Found - Date Legal Opinion Signed: 2004/07/12 - Not Accepted for Negotiations: 2005/04/25 Alleged a large reserve allotted to the FN in 1862 was later unlawfully reduced in size.
Boothroyd (BAND-700) 1920 Trans Provincial & 1950 Under Assessment - Date Claim Filed: 2008/10/16 Trans Canada Highways Legal Opinion Signed - Date Legal Opinion Signed: 2011/05/09 Page 37 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Alleges no compensation was provided to the FN for the expropriation of 39.72 acres in 1920. Alleges inadequate compensation, delayed payments without interest, and 10 of their 19 reserves are adversely affected by the highway RoW's.
Boothroyd I.R. No. 5B Settled - Research Start Date : 1989/07/12 Settled Through Negotiations - Date Legal Opinion Signed: 1991/06/04 - Canada Offered to Negotiate: 1991/07/16 Alliance of Tribal Councils. Alleged improper - Settlement Signed by Claimant: 1992/05/19 alienation of land from Boothroyd I.R. No. 5B for - Settlement Signed by Canada: 1992/07/14 CNR right-of-way.
Chukcheestso IR No 7 In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Date Legal Opinion Signed: 2009/11/27 - Canada Offered to Negotiate: 2011/05/11 Alleged inadequate compensation paid and - Negotiations Inactive: 2011/05/12 excessive width taken for CPR right-of-way - Pending FN's BCR Accepting to Negotiate: 2011/05/13 across Chukcheetso I.R. No. 7.
Expropriation from IRs 1 - 2 - 6 Under Assessment - Date Claim Filed: 2008/10/16 - 8 - 10 Legal Opinion Signed - Date Legal Opinion Signed: 2011/03/28
Alleges insufficient compensation for a railway taking.
Lands Taken for Public Under Assessment - Date Claim Filed: 2008/10/16 Purposes Legal Opinion Signed - Date Legal Opinion Signed: 2011/05/30
Alleges that Canada did not consider the cumulative effect of the public rights-of-way taken from reserve lands and should have provided reserve lands in lieu of the lands taken for these rights-of-way.
Lot 933 - Lot 3 Preemption Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2009/05/26 Page 38 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Alleged unlawful preemption of portions of Boothroyd settlements and subsequent loss of water rights.
Speyum IR No 3 Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2010/02/09
Alleged inadequate compensation and excess width taken for CPR right-of-way through Speyum I. R. No. 3.
Boston Bar First Nation (BAND-701) Austin's Flat IR# 3 In Negotiations - Date Claim Filed: 2008/10/16 Active Negotiations - Canada Offered to Negotiate: 2009/08/24 - Pending FN's BCR Accepting to Negotiate: 2009/08/25 Alleged the Department of Fisheries and Oceans, - Claimant Agreed to Negotiate: 2010/11/06 and the International Pacific Salmon Fisheries Commission have used a part of Austin's Flat IR# 3 without proper authority and without compensation to the FN.
CNPR Right of Way Through IR Under Assessment - Date Claim Filed: 2008/10/16 #s 1 - 3 &4 Legal Opinion Signed - Date Legal Opinion Signed: 2011/02/16
The Band alleges negligence and inadequate compensation with respect to the taking of reserve land by the CNPR.
Hell's Gate I.R. #3 Concluded - Date Claim Filed: 2008/10/16 File Closed - Research Start Date : 2008/10/17 - File Closed: 2009/05/26 Undertakings that land used as fishing stations in Hell's Gate would be reserved for the FN were never fulfilled.
Kopchitchin IR No. 2 In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Canada Offered to Negotiate: 2011/05/30 - Negotiations Inactive: 2011/05/31 Alleged excessive right-of-way taken for CPR and - Pending FN's BCR Accepting to Negotiate: 2011/06/01 inadequate compensation with respect to Kopchitchin I.R. No. 2. Page 39 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Kopchitchin IR No. 2 Water Concluded - Date Claim Filed: 2008/10/16 Rights File Closed - File Closed: 2009/05/26
Alleged improper omission of water rights when reserve was allotted.
Lands in Lieu Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/06/07
Alleges failure to provide replacement reserve lands for expropriated rights of way in order to minimally impair the Band's reserve land base.
Road Right of Way - Trans Under Assessment - Date Claim Filed: 2009/06/03 Provincial Highway Justice Department Preparing Legal Opinion - Research Start Date : 2009/06/04
Alleges Canada owes outstanding lawful obligations to the Band with respect to reserve lands taken for the construction of the Trans Provincial highway in 1926-27.
Scaucy I.R. No. 5 In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Date Legal Opinion Signed: 2008/10/30 - Canada Offered to Negotiate: 2011/05/24 Alleged excessive right-of-way taken for CPR and - Negotiations Inactive: 2011/05/25 inadequate compensation with respect to Scaucy - Pending FN's BCR Accepting to Negotiate: 2011/05/26 I.R. No. 5.
Shrypttahook IR No. 7 In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Date Legal Opinion Signed: 2008/11/13 - Canada Offered to Negotiate: 2011/05/24 Alleged excessive right-of-way taken for CPR and - Negotiations Inactive: 2011/05/25 inadequate compensation with respect to - Pending FN's BCR Accepting to Negotiate: 2011/05/26 Shrypttahook I.R. No. 7.
Bridge River (BAND-590) Page 40 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Moha Highway IR #1 Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/04/28
Alleges a breach of fiduciary duty in allowing the Province to expropriate lands for highway purposes without compensation for the First Nation.
Burns Lake (BAND-619) Burns Lake I.R. No. 18 Concluded - Research Start Date : 1994/04/25 No Lawful Obligation Found - Date Legal Opinion Signed: 2007/04/17 - Not Accepted for Negotiations: 2008/07/18 Alleged improper reduction of I.R. No. 18 by the McKenna-McBride Commission in 1916.
IR #18 - Burns Lake Cemetery Concluded - Research Start Date : 1995/06/15 No Lawful Obligation Found - Date Legal Opinion Signed: 2007/04/17 - Not Accepted for Negotiations: 2008/07/18 Alleged the alienation of three acres of IR #18 for a cemetery for non-Indians, in 1923, was unlawful.
IRs #18 & 19 - CNR Concluded - Research Start Date : 1995/06/15 Right-of-Way No Lawful Obligation Found - Date Legal Opinion Signed: 2007/04/17 - Not Accepted for Negotiations: 2008/07/18 Alleged approximately 48 acres taken from the FN's IR's #18 & 19 for the CNR right-of-way in 1914-18 was unlawful.
Sale of Burns Lake IR 18 Land Under Assessment - Date Claim Filed: 2008/10/16 (Surrender Project) Legal Opinion Signed
Improper surrenders for sale of Burns Lake I.R. 18 land in 1950`s and 1960`s and inadequate compensation.
Campbell River (BAND-622) Page 41 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) 1920-1922 Surrenders for Other - Research Start Date : 2004/06/21 Dryland Sort and Road RoW on Active Litigation - Date Litigation Became Active : 2008/04/02 IR 11 Alleges a breach of lawful obligations with respect to the surrender of approximately 81 acres from Campbell River IR No. 11 to build a mill and piling grounds.
Quinsam IR 12 Concluded - Research Start Date : 1984/07/05 File Closed - Date Legal Opinion Signed: 1985/03/08 - File Closed: 1999/10/14 Alleged one of its traditional village sites was erroneously allotted to a neighbouring Band as a reserve in 1888.
Cape Mudge (BAND-623) Cape Mudge IR 10 Roads Under Assessment - Date Claim Filed: 2010/12/01 Research - Research Start Date : 2010/12/02
Alleges Canada breached its fiduciary and statutory duty with regard to the establishment, maintenance and operation of various roads located on Cape Mudge IR 10.
Colonial Reserve Allotment Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/02/11 - Not Accepted for Negotiations: 2009/08/06 Cape Mudge FN (also known as Wewaikai Nation) alleges that the Cape Mudge IR #10 reserve set aside by Peter O'Reilly in 1886 was reduced from the original 2,550 acres set aside in 1863 by B. W. Pearse.
Hyacinthe Bay Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2011/02/21
Cape Mudge FN (also known as Wewaikai Nation) alleges failure to set aside allotted lands as a reserve. Page 42 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) IR 10 Lighthouse Under Assessment - Date Claim Filed: 2011/01/12 Encroachment and Access Trail Research - Research Start Date : 2011/01/13
Alleged breaches in regards to the use, administration, and inadequate compensation of two pieces of land on Cape Mudge IR 10 for the Cape Mudge Lighthouse and Access Trail.
Lighthouse - Cape Mudge I. R. Concluded - Date Claim Filed: 2008/10/16 10 File Closed - Canada Offered to Negotiate: 2009/05/05 - Negotiations Inactive: 2009/05/06 Cape Mudge FN (also known as Wewaikai - Pending FN's BCR Accepting to Negotiate: 2009/05/07 Nation) alleged improper sale and expropriation & - File Closed: 2010/03/19 inadequate compensation for lighthouse site and access road on Cape Mudge IR 10.
Quinsam IR 12 Tree Nursery Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/01/26
Cape Mudge FN (also known as Wewaikai Nation) alleges trespass; inadequate compensation; irregular surrender; improper lease renewal; delays in return of land; addition of improvement without compensation; use of chemical fertilizers - health risk; and failure to provide full disclosure.
Rebecca Spit - Drew Harbour Concluded - Date Claim Filed: 2008/10/16 I.R. 9 No Lawful Obligation Found - Not Accepted for Negotiations: 2010/12/24
Cape Mudge FN (also known as Wewaikai Nation) alleged improper alienation of a portion of Drew Harbour I. R. 9 at time of first survey.
Tekya Village Site Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/03/05 - Not Accepted for Negotiations: 2010/09/24 Cape Mudge FN (also known as Wewaikai Nation) alleges failure by Canada to set aside Tekya Village. Page 43 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Timber Surr & logging road Concluded - Date Claim Filed: 2008/10/16 Quinsam IR 12 No Lawful Obligation Found - Date Legal Opinion Signed: 2008/10/20 - Not Accepted for Negotiations: 2010/06/03 Cape Mudge FN (also known as Wewaikai Nation) alleged improper 1937 timber surrender and logging road right of way taking on Quinsam I. R. 12, with inadequate compensation.
Cayoose Creek (BAND-591) Graveyard Settled - Research Start Date : 1993/04/01 Settled Through Negotiations - Date Legal Opinion Signed: 1997/10/16 - Canada Offered to Negotiate: 2008/10/16 Alienation of a FN graveyard. - Settlement Signed by Claimant: 2009/04/08 - Settlement Signed by Canada: 2009/07/13
Village Preemption Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2011/03/21
Originally submitted as part 7 of Graveyard claim. Claim alleges that a village site on lot 3 was unlawfully alienated to a third party in 1870.
Chawathil (BAND-583) Chawathil I.R. Nos. 2 and 4 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/04/28 - Not Accepted for Negotiations: 2010/02/01 Alleged improper expropriation of several parcels of reserve lands.
Cheam (BAND-584) Cheam I.R. No. 1 Concluded - Date Claim Filed: 2008/10/16 File Closed - Canada Offered to Negotiate: 2009/12/21 - Negotiations Inactive: 2009/12/22 Presented by the Alliance of Tribal Councils. - Pending FN's BCR Accepting to Negotiate: 2009/12/23 Alleged improper alienation of land from Cheam - File Closed: 2011/02/21 I.R. No. 1 for CNR right-of-way.
Cheslatta Carrier Nation (BAND-620) Page 44 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) 1952 Surrender (SPLIT #01) - Settled - Canada Offered to Negotiate: 1992/12/24 1952 Surrender Settled Through Negotiations - Settlement Signed by Claimant: 1993/03/09 - Settlement Signed by Canada: 1993/03/25 Alleged it was coerced into surrendering ten of its reserves in 1952 for a hydro-electric project; that the surrender was void; and that it did not receive full compensation.
1952 Surrender (SPLIT #02) - Settled - Date Legal Opinion Signed: 1993/01/26 Trust Account Settled Through Negotiations - Canada Offered to Negotiate: 1993/02/03 - Settlement Signed by Claimant: 1993/03/09 Alleged FN trust accounts were improperly - Settlement Signed by Canada: 1993/03/25 managed.
Scilchola I.R. No. 3 Concluded - Research Start Date : 1994/04/25 No Lawful Obligation Found - Date Legal Opinion Signed: 1995/12/06 - Not Accepted for Negotiations: 1997/02/13 Alleged improper reduction of Scilchola Reserve by McKenna-McBride Commission in 1913-1916.
Cook's Ferry (BAND-694) CNPR Expropriation of Under Assessment - Date Claim Filed: 2010/10/06 Shawniken IR 3 Research - Research Start Date : 2010/10/07
Alleges Canada breached its statutory and fiduciary obligation by allowing the CNPR to expropriate reserve land without observing procedural requirements or by ensuring adequate compensation was paid for the takings.
CNPR Right of Way on IR Nos. Under Assessment - Date Claim Filed: 2008/10/16 2 and 8 Legal Opinion Signed - Date Legal Opinion Signed: 2010/12/10
Alleges inadequate compensation for land taken and for damages to the Reserves. Page 45 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Kumcheen I.R. No. 1 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/11/06 - Not Accepted for Negotiations: 2011/05/11 Alleged excessive width was taken and inadequate compensation paid for CPR right-of-way through Kumcheen I.R. No. 1.
Pemynoos I.R.No. 9 Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/02/17
Alleged excessive width was taken and inadequate compensation paid for CPR right-of-way through Pemynoos I.R. No. 9.
Pokheitsk I.R. No. 10 In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Date Legal Opinion Signed: 2009/03/02 - Canada Offered to Negotiate: 2011/05/13 Alleged excessive width was taken and - Negotiations Inactive: 2011/05/14 inadequate compensation paid for CPR - Pending FN's BCR Accepting to Negotiate: 2011/05/15 right-of-way through Pokheitsk I.R. No. 10.
Preemption of Settlement at Under Assessment - Date Claim Filed: 2011/05/18 Pokheitsk (Lot 66) Research - Research Start Date : 2011/05/19
Alleges the 1876 pre-emption of Lot 16, at Pokheitsk on Spatsum Flat, was illegal.
Shawniken I.R. No. 3 Concluded - Research Start Date : 1989/11/01 File Closed - Date Legal Opinion Signed: 1995/05/02 - File Closed: 2005/03/31 Claim 1 of 6 forwarded to SCB by the Alliance of Tribal Councils on behalf of the Band. Alleged right-of-way and loss of water rights.
Shawniken Water Rights Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2009/05/26
Alleged unlawful loss of water rights from Shawniken I.R. #3. Page 46 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Spatsum I.R. No. 11 and 11A In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Date Legal Opinion Signed: 2009/12/04 - Canada Offered to Negotiate: 2011/05/13 Alleged excessive width was taken and - Negotiations Inactive: 2011/05/14 inadequate compensation paid for CPR - Pending FN's BCR Accepting to Negotiate: 2011/05/15 right-of-way through Spatsum I.R. No. 11 and 11A.
Spences Bridge IR No. 4 and IR In Negotiations - Date Claim Filed: 2008/10/16 No. 4A Inactive Negotiations - Date Legal Opinion Signed: 2009/12/07 - Canada Offered to Negotiate: 2011/05/11 Alleged excessive width was taken and - Negotiations Inactive: 2011/05/12 inadequate compensation paid for CPR - Pending FN's BCR Accepting to Negotiate: 2011/05/13 right-of-way through Spences Bridge I.R. No. 4 and Lower Shawniken I.R. No. 4A.
Cowichan (BAND-642) Brennan Claim In Negotiations - Research Start Date : 1995/04/15 Active Negotiations - Date Legal Opinion Signed: 2006/05/29 - Negotiations Inactive: 2007/05/25 Alienation of a portion of the Cowichan IR # 1 - Pending FN's BCR Accepting to Negotiate: 2007/05/26 without compensation in 1867. - Claimant Agreed to Negotiate: 2008/01/09 - Canada Offered to Negotiate: 2008/10/16
Church Lands Concluded - Date Referred for Admin. Remedy : 1991/11/26 Resolved Through Administrative Remedy
Concerned lands acquired by church which should have been part of reserve.
Cowichan IR 1 Agric. Soc. Settled - Research Start Date : 1991/08/01 Lease Settled Through Negotiations - Date Legal Opinion Signed: 1994/05/26 - Canada Offered to Negotiate: 1994/06/28 Concerned compensation for improper - Settlement Signed by Claimant: 1995/11/01 management of lease of reserve land. - Settlement Signed by Canada: 1995/12/19
Cowichan IR 1 Mahoney Settled - Research Start Date : 1990/06/01 Settled Through Negotiations - Date Legal Opinion Signed: 1992/03/25 - Settlement Signed by Canada: 1992/12/02 Alleged unlawful alienation of land from Cowichan I.R. # 1 in 1886. Page 47 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Cowichan IR 1 Marriner Settled - Research Start Date : 1991/08/28 Settled Through Negotiations - Date Legal Opinion Signed: 1992/04/25 - Settlement Signed by Canada: 1992/12/02 Invalid surrender of lands from IR# 1.
Cowichan IR 1 Sutton Concluded - Research Start Date : 1990/07/01 No Lawful Obligation Found - Date Legal Opinion Signed: 2008/12/24 - Not Accepted for Negotiations: 2009/10/14 Alleged unlawful alienation of 66 acres of Cowichan I.R. No. 1 in 1878.
David Lyall Preemption Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/10/04 The First Nation alleges that a Crown grant issued - Not Accepted for Negotiations: 2010/12/24 in 1872 was invalid because it was set aside as an Indian Reserve in 1856.
Graveyard Settled - Research Start Date : 1994/07/11 Settled Through Negotiations - Date Legal Opinion Signed: 1997/10/31 - Claimant Agreed to Negotiate: 2008/01/09 Alienation of a FN graveyard. - Canada Offered to Negotiate: 2008/10/16 - Settlement Signed by Claimant: 2009/09/22 - Settlement Signed by Canada: 2010/02/11
Green Point Concluded - Date Legal Opinion Signed: 1987/12/22 File Closed - Not Accepted for Negotiations: 1989/08/25 - File Closed: 1990/07/20 Alleged federal responsibility in omission of 1.7 acres known as Green Point at the time of Cowichan I.R. No.1 allottment.
Green Point Loss of Use Settled - Research Start Date : 1993/12/01 Settled Through Negotiations - Date Legal Opinion Signed: 1994/03/31 - Canada Offered to Negotiate: 1996/03/22 Alleged loss of use re: Green Point. - Settlement Signed by Claimant: 1997/01/21 - Settlement Signed by Canada: 1997/03/20 Page 48 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Lomas Misappropriation of Concluded - Research Start Date : 2002/05/01 Funds File Closed - Date Legal Opinion Signed: 2007/11/27 - Canada Offered to Negotiate: 2008/10/16 Alleged misappropriation of band funds by Indian - Negotiations Inactive: 2008/10/17 Agent in the 1920's. - Pending FN's BCR Accepting to Negotiate: 2008/10/18 - File Closed: 2011/03/17
McLay Grant Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/10/04 Alleged alienation of Cowichan I.R. 1 land due to - Not Accepted for Negotiations: 2010/12/24 failure to formalize reserve prior to settlement.
Munro Concluded - Date Claim Filed: 2008/10/16 File Closed - Research Start Date : 2008/10/17 - File Closed: 2009/04/15 Alleged sections 15 and 16, Range VII, Quamichan District, were unlawfully alienated from the reserve lands of the Cowichan peoples.
Red Cap Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/06/16 - Not Accepted for Negotiations: 2009/12/21 The claim asserts that Canada breached its duty when lands promised to be reserved by the Joint Reserve Commission near Maple Bay, Vancouver Island in 1877, were not reserved.
Theik IR 2 Highway In Negotiations - Research Start Date : 1993/12/01 Active Negotiations - Date Legal Opinion Signed: 2006/02/20 - Negotiations Inactive: 2007/05/25 Alienation of road right-of-way on Theik IR No. 2. - Pending FN's BCR Accepting to Negotiate: 2007/05/26 - Claimant Agreed to Negotiate: 2008/01/09 - Canada Offered to Negotiate: 2008/10/16
Theik IR 2 Preemption Concluded - Research Start Date : 1993/12/01 No Lawful Obligation Found - Date Legal Opinion Signed: 1998/06/25 - Not Accepted for Negotiations: 1998/06/26 Alleged loss of land from a colonial reserve. Page 49 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Theik IR 2 Water Lot Concluded - Research Start Date : 1993/12/01 No Lawful Obligation Found - Date Legal Opinion Signed: 2006/02/20 - Not Accepted for Negotiations: 2007/05/24 Alleged unlawful loss of foreshore in 1920s.
W. A. Robertson Preemption Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/10/04 Alleged unlawful preemption of Cowichan IR 1 - Not Accepted for Negotiations: 2010/12/24 land.
Da'naxda'xw First Nation (BAND-635) Disallowance of G.M. Sproat's Concluded - Date Claim Filed: 2008/10/16 Allotments No Lawful Obligation Found - Date Legal Opinion Signed: 2008/12/11 - Not Accepted for Negotiations: 2010/06/23 Alleged that the disallowance of the 1879 reserve allotments was unlawful.
McKenna-McBride Land Concluded - Date Claim Filed: 2008/10/16 Applications No Lawful Obligation Found - Date Legal Opinion Signed: 2009/06/21 - Not Accepted for Negotiations: 2009/11/30 Alleged breach of duty by Indian Agent for failure to protect 5 settlements from timber lease alienation and for failure to recommend 7 other settlements as additional reserve lands to the McKenna-McBride Commission.
O'Reilly Reserve Allotments Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2008/12/16 - Not Accepted for Negotiations: 2009/08/24 Alleged breach of duty by failing to provide an adequate allotment of reserve land.
Dease River (BAND-504) Dease River McDame site Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/08/05 - Not Accepted for Negotiations: 2011/03/14 Page 50 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) The FN alleges that Canada failed to set aside the McDame site as an Indian Reserve and failed to protect it from an alleged pre-emption in 1879 and Crown grant in 1889.
Dease River / Liard FN (ASSCTN) One Mile Point Settled - Research Start Date : 1991/01/30 Settled Through Negotiations - Date Legal Opinion Signed: 1991/05/10 - Canada Offered to Negotiate: 1991/06/19 Concerned highway through One Mile Point - Settlement Signed by Claimant: 1992/04/14 Reserve in 1950s. - Settlement Signed by Canada: 1993/01/12
Ditidaht (BAND-662) West Coast Trail Settled - Research Start Date : 1992/08/01 Settled Through Negotiations - Date Legal Opinion Signed: 1993/06/28 - Canada Offered to Negotiate: 1993/09/17 The right-of-way for the West Coast Trail across - Settlement Signed by Claimant: 1994/05/10 IR No's 2, 3, 4, and 6 was not properly taken and - Settlement Signed by Canada: 1994/05/31 as such represents a trespass.
Zukaous Concluded - Research Start Date : 1995/08/03 No Lawful Obligation Found - Date Legal Opinion Signed: 2007/06/19 - Not Accepted for Negotiations: 2008/07/18 Alleged the traditional village site at Zukaous should have been alloted to the FN as an Indian Reserve.
Zukaous Fishing Site Under Assessment - Date Claim Filed: 2010/04/07 Justice Department Preparing Legal Opinion - Research Start Date : 2010/04/08
Alleges the Crown had a duty to protect the five-acre seasonal fishing settlement at Zukaous from alienation.
Doig River (BAND-548) BC Trapline Registration Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/10/21
Alleged failure by Canada to protect traplines in light of BC Trapline Registration process. Page 51 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Commercial Hunting, Fishing & Concluded - Date Litigation Became Active : 2003/12/10 Trapping Rights File Closed - Research Start Date : 2006/01/11 - File Closed: 2008/06/26 Alleged failure by Canada to protect Treaty 8 hunting, fishing and trapping rights from restrictions imposed by provincial regulations.
Mineral Rights I.R. Nos. 204 - Concluded - Date Claim Filed: 2008/10/16 205 - 206 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/08/25 - Not Accepted for Negotiations: 2009/12/21 Alleges that Canada breached its fiduciary obligations in failing to reserve sub-surface mineral rights when purchasing the Nation's new reserves.
Misuse of Band Funds for Under Assessment - Date Claim Filed: 2009/10/08 Agricultural Development Legal Opinion Signed - Research Start Date : 2009/10/09 - Date Legal Opinion Signed: 2010/02/23 Alleges that Canada spent the FN's funds for agricultural development despite the fact that the Crown has an outstanding obligation to provide economic benefits related to agricultural provisions under Treaty 8.
Peterson's Crossing Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2010/08/06
Alleges that Canada failed to acquire land at Peterson's Crossing after the FN, formerly part of the Fort St. John Band, surrendered its IR No. 172.
Treaty 8 Agricultural Benefits Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2010/02/23
Alleges that the Crown has neither extinguished nor performed its obligations to the First Nation pursuant to the agricultural benefits of Treaty No. 8. Page 52 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Treaty 8 Land Entitlement In Negotiations - Research Start Date : 2000/09/18 Active Negotiations - Date Litigation Became Active : 2004/09/08 - Pending FN's BCR Accepting to Negotiate: 2004/09/11 Unfulfilled treaty land entitlement pursuant to - Claimant Agreed to Negotiate: 2007/04/16 Treaty No. 8. - Canada Offered to Negotiate: 2008/10/16
Douglas Reserve Claimants (ASSCTN) Douglas Reserve - Trutch Concluded - Date Legal Opinion Signed: 1998/10/02 Reduction File Closed - Not Accepted for Negotiations: 1999/03/24 - Date of ISCC Process/Active: 2003/09/09 The FNs allege the unlawful reduction of the - File Closed: 2009/05/29 original Neskolith Reserve in the 1860's.
Ehattesaht (BAND-634) McKenna-McBride Addit. Land Concluded - Date Claim Filed: 2008/10/16 Applications No Lawful Obligation Found - Date Legal Opinion Signed: 2010/03/05 - Not Accepted for Negotiations: 2010/09/28 Alleged failure by Canada to protect settlement lands from unlawful encroachment and by failing to adequately represent band interests before the McKenna-McBride Commission.
Esketemc (BAND-711) Ditchburn Clark - Reduction of Concluded - Research Start Date : 1993/03/01 IRs 15 - 17 & 18 File Closed - Date Legal Opinion Signed: 1994/07/29 - Not Accepted for Negotiations: 1998/10/15 (Alkali Lake) Alleged unlawful reduction of - Date of ISCC Process/Active: 1999/06/18 McKenna-McBride Commission reserve - File Closed: 2005/06/03 allotments.
Water Rights Alien.- Wycott's Under Assessment - Date Claim Filed: 2008/10/16 Flat IR #6 Legal Opinion Signed - Date Legal Opinion Signed: 2010/10/25
(Alkali Lake) FN alleges unlawful alienation of water rights on Wycott's Flat IR #6. Page 53 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Wrights Meadow Concluded - Research Start Date : 1995/03/22 File Closed - Date Legal Opinion Signed: 1999/10/18 - Not Accepted for Negotiations: 2000/01/10 (Alkali Lake) Alleged that land it created by - Date of ISCC Process/Active: 2004/09/10 draining a lake and which it had subsequently - File Closed: 2009/05/30 used for many years and had built on, was unlawfully alienated to a third party, and that Canada failed to challenge this alienation.
Esquimalt (BAND-644) E & N Spur Line Under Assessment - Date Claim Filed: 2010/06/04 Research - Research Start Date : 2010/06/05
Alleges unlawful alienation of .23 acres of land within the Esquimalt IR circa 1921.
Five Mile Fishery Reserve Claimants (ASSCTN) 5 Mile Fishery Reserve Under Assessment - Date Claim Filed: 2009/02/01 Justice Department Preparing Legal Opinion - Research Start Date : 2009/02/02
The Bands allege that the fishing station reserves, Yale IR 17-25, were reserved for the collective use of the Sto:lo people, and not just for the exclusive use of the Yale FN. They submit that Canada had a lawful obligation to respect and preserve the 5 Mile Fishery for the Sto:lo collective and they claim a breach of fiduciary obligation.
Fort Nelson First Nation (BAND-543) BC Trapline Registration Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/10/21
Alleged failure by Canada to protect traplines in light of BC Trapline Registration process.
Gitanmaax (BAND-531) Page 54 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Loss of Part of Tsitsk IR #3 Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2010/09/20
FN alleges that the reallocation of a portion of Tsitsk IR #3 to the Hagwilget Band was illegal and done without the consent of the Band.
Surrender of IR No. 1 In Negotiations - Date Claim Filed: 2008/10/16 (Surrender Project) Active Negotiations - Canada Offered to Negotiate: 2009/08/12 - Pending FN's BCR Accepting to Negotiate: 2009/08/13 The FN alleges that Canada breached various - Claimant Agreed to Negotiate: 2009/12/09 obligations with respect to the surrender of reserve land.
Surrender to the BC Forest Concluded - Date Litigation Became Active : 1990/10/30 Service (Surrender Project) No Lawful Obligation Found - Research Start Date : 2006/03/17 - Date Legal Opinion Signed: 2008/01/30 Alleges breach of statutory and fiduciary duty with - Not Accepted for Negotiations: 2008/07/24 respect to the surrender of land for use as a ranger's station.
Gitsegukla (BAND-535) GTPR on Andimaul Reserve - Under Assessment - Date Claim Filed: 2008/10/16 Railway Takings Legal Opinion Signed - Date Legal Opinion Signed: 2011/01/12
Alleges improper taking and inadequate compensation re: GTPR railway right of way on the Andimaul Reserve.
GTPR on Gitsegukla IR #1 & 2 Concluded - Date Claim Filed: 2008/10/16 - Railway Takings No Lawful Obligation Found - Date Legal Opinion Signed: 2010/09/16 - Not Accepted for Negotiations: 2011/05/11 Alleged improper taking and inadequate compensation re: GTPR railway right of way on Gitsegukla IRs No. 1 and 2. Page 55 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Substitution of Timber Reserve Under Assessment - Date Claim Filed: 2008/10/16 IR 3 Legal Opinion Signed - Date Legal Opinion Signed: 2011/01/11
Alleged unlawful substitution of timber Reserve IR #3 in the 1920's.
Gitwangak (BAND-536) BC Cut-Off Lands (SPLIT #04) Settled - Canada Offered to Negotiate: 1981/01/21 Settled Through Negotiations - Settlement Signed by Claimant: 2008/01/24 - Settlement Signed By Province: 2008/02/18 (Band previous name: Kitwanga) Alienation of - Settlement Signed by Canada: 2008/09/03 reserve land arising from decisions of the McKenna-McBride Commission in 1916.
Grand Trunk Pacific Railway Under Assessment - Date Claim Filed: 2008/10/16 RoWs - IR#s 1 - 3 - 8 Legal Opinion Signed - Date Legal Opinion Signed: 2010/08/30
FN alleges inadequate compensation for the GTPR Railway RoW's, relating to loss of revenue, trespass, injurious affection, wrongful alienation, and other damages, not limited to burial grounds, from 1908 to the present.
Substitution of IRs 4 - 5 and 7 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/10/14 - Not Accepted for Negotiations: 2010/11/04 Alleged unlawful substitution of 3 allotted reserves with other lands.
Gwa'Sala-Nakwaxda'xw (BAND-724) Loss of Coho Bay Reserve Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/03/29 - Not Accepted for Negotiations: 2010/10/22 Alleges failure to establish a 500 acre reserve at Coho Bay and protect it from alienation. Page 56 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Loss of Three Reserves Under Assessment - Date Claim Filed: 2009/12/02 Justice Department Preparing Legal Opinion - Research Start Date : 2009/12/03
Alleges intention to create three reserves for the Nakwockto, but failed to complete the final formal steps of reserve creation.
Relocation Concluded - Date Litigation Became Active : 1994/12/28 File Closed - Research Start Date : 1997/09/15 - File Closed: 2001/01/09 Alleged non-fulfilment of promises in relation to relocation of FN in new area.
Smiths Inlet Fishery Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/06/18 - Not Accepted for Negotiations: 2009/10/26 Failure to protect and properly administer the Band's fishery at Wy-clese IR# 1.
Timber Surrenders IR 12 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2009/08/12
The FN submits that Canada breached statutory and fiduciary obligation with regard to timber surrenders on IR# 12.
Timber Surrenders IR 14-15-16 Concluded - Date Claim Filed: 2008/10/16 File Closed - Canada Offered to Negotiate: 2009/08/20 - Negotiations Inactive: 2009/08/21 The FN submits that Canada breached statutory - Pending FN's BCR Accepting to Negotiate: 2009/08/22 and fiduciary obligation with regard to timber - File Closed: 2010/10/13 surrenders on IR #s 14-15-16.
Gwawaenuk Tribe (BAND-627) Logging of Kadis IR 11 from Concluded - Research Start Date : 2003/12/05 1936 to 1945 No Lawful Obligation Found - Date Legal Opinion Signed: 2008/03/11 - Not Accepted for Negotiations: 2008/07/23 Failed to properly manage and compensate for the logging of timber from Kadis IR 11, from 1936 to 1945. Page 57 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Logging on Kunstamis IRs 2 & Concluded - Research Start Date : 2002/04/15 2A in 1935 No Lawful Obligation Found - Date Legal Opinion Signed: 2008/02/25 - Not Accepted for Negotiations: 2008/07/24 Claim alleges that compensation received from sale of timber was inadequate.
Royal Commission Land Concluded - Date Claim Filed: 2008/10/16 Application - Addition to Keo IR No Lawful Obligation Found - Date Legal Opinion Signed: 2010/03/05 #3 - Not Accepted for Negotiations: 2010/11/05 Alleged failure of Indian agent to protect Indian settlement.
Royal Commission Land Concluded - Date Claim Filed: 2008/10/16 Application - Addition to Quay No Lawful Obligation Found - Date Legal Opinion Signed: 2010/03/05 Reserve #4 - Not Accepted for Negotiations: 2010/11/05 Alienation of Indian Settlement by timber limit and failure of Indian agent to represent band interests to the McKenna-McBride Commission.
Royal Commission Land Concluded - Date Claim Filed: 2008/10/16 Application - Awagi No Lawful Obligation Found - Date Legal Opinion Signed: 2010/03/05 - Not Accepted for Negotiations: 2010/11/05 Alleged failure of Indian Agent to protect indian settlement.
Royal Commission Land Concluded - Date Claim Filed: 2008/10/16 Application - Dailus No Lawful Obligation Found - Date Legal Opinion Signed: 2010/03/05 - Not Accepted for Negotiations: 2010/11/05 Alleged failure of Indian Agent to protect Indian Settlement as applied for to the McKenna-McBride Commission.
Royal Commission Land Concluded - Research Start Date : 2000/09/04 Application - Dove Island No Lawful Obligation Found - Date Litigation Became Active : 2001/03/08 - Date Legal Opinion Signed: 2007/12/03 Alleged mis-allotment of Dove Island as a new - Not Accepted for Negotiations: 2008/06/27 reserve, instead of Moosehead Island in 1916. Page 58 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Royal Commission Land Concluded - Date Claim Filed: 2008/10/16 Application - Gagayukwalas No Lawful Obligation Found - Date Legal Opinion Signed: 2010/03/05 - Not Accepted for Negotiations: 2010/11/05 Alleged failure of Indian Agent to protect Indian settlement.
Royal Commission Land Concluded - Date Claim Filed: 2008/10/16 Application - Gleyka No Lawful Obligation Found - Date Legal Opinion Signed: 2010/03/05 - Not Accepted for Negotiations: 2010/11/05 Alienation of Indian Settlement by timber limit and failure of Indian agent to represent the band interests to the McKenna-McBride Commission.
Royal Commission Land Concluded - Date Claim Filed: 2008/10/16 Application - Hikums No Lawful Obligation Found - Date Legal Opinion Signed: 2010/03/05 - Not Accepted for Negotiations: 2010/11/05 Alleged failure of Indian Agent to protect Indian Settlement as applied for to the McKenna-McBride Commission.
Royal Commission Land Concluded - Date Claim Filed: 2008/10/16 Application - Kilwadi No Lawful Obligation Found - Date Legal Opinion Signed: 2010/03/05 - Not Accepted for Negotiations: 2010/11/05 Alleged failure of Indian agent to protect Indian settlement.
Royal Commission Land Concluded - Date Claim Filed: 2008/10/16 Application - Kisinazis No Lawful Obligation Found - Date Legal Opinion Signed: 2010/03/05 - Not Accepted for Negotiations: 2010/11/05 Alleged failure of Indian agent to protect Indian settlement.
Royal Commission Land Concluded - Date Claim Filed: 2008/10/16 Application - Sinku No Lawful Obligation Found - Date Legal Opinion Signed: 2010/03/05 - Not Accepted for Negotiations: 2010/11/05 Alleged failure of Indian Agent to protect Idian settlement Page 59 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Royal Commission Land Concluded - Date Claim Filed: 2008/10/16 Application - Timber Lease No. No Lawful Obligation Found - Date Legal Opinion Signed: 2010/03/05 27349 - Not Accepted for Negotiations: 2010/11/05 Alleged failure of Indian agent to protect Indian settlement.
Hagwilget Village (BAND-534) Destruction of the Hagwilget Concluded - Research Start Date : 2001/08/01 Fishery File Closed - Date Litigation Became Active : 2003/10/24 - File Closed: 2009/10/07 Alleged breach of fiduciary duty by Canada resulting in the destruction of the Hagwilget Band's fishery.
Haisla Nation (BAND-676) 1889 Reserve Allotments Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/01/14 - Not Accepted for Negotiations: 2010/06/23 (Band previous name: Kitamaat) Alleged failure of Indian Reserve Commissioner and Indian Agent to reserve Indian Settlement sites in the 1880's.
1952 Surrender - Kildala Arm Settled - Research Start Date : 1984/03/29 I.R. No. 10 Settled Through Negotiations - Date Legal Opinion Signed: 1985/11/28 - Canada Offered to Negotiate: 1986/05/23 (Band previous name: Kitamaat) The Band - Settlement Signed by Claimant: 1989/06/12 alleges Canada breached its fiduciary duty by - Settlement Signed by Canada: 1990/02/07 failing to set lot 3059 apart and designate it reserve land for the use and benefit of the band, as required by the terms of Kildala I.R. No.10 surrender.
Alcan Easements IRs No. 2-4 & Concluded - Date Claim Filed: 2008/10/16 11 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/10/14 - Not Accepted for Negotiations: 2011/02/10 (Band previous name: Kitamaat) Alleged inadequate process and compensation for transmission line Easements on IRs No. 2, 4 and 11. Page 60 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Bishop's Cove Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/03/05 - Not Accepted for Negotiations: 2010/10/22 (Band previous name: Kitamaat) With additional submissions on June 27/1987. Alleged that DIA failed to protect its interests at the time of the McKenna-McBride Commission by providing disadvantageous testimony before Commission which resulted in an unaccepted application for additional reserve lands; and failure by Canada to protect settlement lands from unlawful encroachment.
Crab River I.R. No. 4 - Indian Concluded - Date Claim Filed: 2008/10/16 Settlement No Lawful Obligation Found - Date Legal Opinion Signed: 2009/10/20 - Not Accepted for Negotiations: 2010/12/20 (Band previous name: Kitamaat) Re-submission of C-05. The FN alleged that DIA failed to protect the boundaries of Crab River I.R. No. 4 as confirmed by Order in Council 1625, which resulted in an improper survey of the reserve and an illegal alienation of a portion thereof, and to represent FN interests to the McKenna-McBride Commission.
John Bolton Concluded - Research Start Date : 1984/03/29 No Lawful Obligation Found - Date Legal Opinion Signed: 1985/12/19 - Not Accepted for Negotiations: 1986/06/12 (Band previous name: Kitamaat) Alleged that DIA failed to protect its interests in obtaining additional lands through pre-emptions in the face of discriminatory provincial legislation in 1916.
Kitamaat I.R. No. 1 Erosion Under Assessment - Date Claim Filed: 2009/06/03 Justice Department Preparing Legal Opinion - Research Start Date : 2009/06/04
(Band previous name: Kitamaat) Alleges failure to participate in or properly consider erosion protection measures and the subsequent implications for IR #1 for works along Kitimat River and in approving said works. Page 61 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Kitlope Pole Under Assessment - Date Claim Filed: 2008/10/16 Justice Department Preparing Legal Opinion - Date Legal Opinion Signed: 2010/05/18
(Band previous name: Kitamaat) Alleges that the Kitlope Pole was taken from the Nation without consent or compensation.
Klak-ak-siouks I.R. No. 9 Settled - Research Start Date : 1984/03/29 Settled Through Negotiations - Date Legal Opinion Signed: 1985/12/19 - Canada Offered to Negotiate: 1986/05/15 (Band previous name: Kitamaat) Amended claim - Settlement Signed by Claimant: 1993/03/17 received in 1985. Alleged failure of Canada to - Settlement Signed by Canada: 1993/03/24 implement the terms of a 1952 surrender of Klak-ak-siouks I.R. No. 9 in 1952.
Lots 305 & 306 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2010/02/16
(Band previous name: Kitamaat) Alleged failure by Canada to ensure that Lots 305 and 306 were obtained for the use and benefit of the Haisla when they were available for purchase in 1948.
Survey of Jugwees IR# 5 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/09/30 - Not Accepted for Negotiations: 2010/04/15 (Band previous name: Kitamaat) Alleged improper survey of Jugwees IR# 5.
Halalt (BAND-645) Misappropriation of Timber In Negotiations - Date Claim Filed: 2008/10/16 Harvesting Revenues by Indian Inactive Negotiations - Research Start Date : 2008/10/17 Agent Lomas - Date Legal Opinion Signed: 2010/06/30 Alleged misapproriation of timber revenues in - Canada Offered to Negotiate: 2011/05/17 1920. - Negotiations Inactive: 2011/05/18 - Pending FN's BCR Accepting to Negotiate: 2011/05/19 Page 62 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Railway Across IR No. 2 Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2010/06/18
Alleged unlawful taking of reserve land for railway purposes and inadequate compensation.
Scott Preemption of Halalt Concluded - Date Claim Filed: 2008/10/16 Band Winter Settlement No Lawful Obligation Found - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2009/09/11 Alleged failure to protect Halalt winter settlement - Not Accepted for Negotiations: 2010/01/21 from preemption in 1865 and failure to include the land as Indian reserve by Joint Reserve Commission in 1877.
Halfway River First Nation (BAND-546) BC Trapline Registration Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/10/21
Alleged failure by Canada to protect traplines in light of BC Trapline Registration process.
Commercial Hunting, Fishing & Concluded - Research Start Date : 2006/04/20 Trapping Rights File Closed - File Closed: 2008/06/26
Alleged failure by Canada to protect Treaty 8 hunting, fishing, and trapping rights from restrictions imposed by provincial regulations.
IR #168 - Highway 117 Settled - Research Start Date : 1996/02/15 Expropriation Settled Through Negotiations - Date Legal Opinion Signed: 2002/07/17 - Canada Offered to Negotiate: 2008/10/16 Alleged that although 53.5 acres are contained - Settlement Signed by Claimant: 2009/11/13 within current Provincial Highway 117, only 33.55 - Settlement Signed By Province: 2010/01/25 acres were properly taken and paid for, leaving a - Settlement Signed by Canada: 2010/12/22 shorfall of 19.9 acres. Page 63 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Misuse of Band Funds for Under Assessment - Research Start Date : 2009/10/09 Agricultural Development Legal Opinion Signed - Date Legal Opinion Signed: 2011/03/08
Alleges that Canada spent the FN's funds for agricultural development despite the fact that the Crown has an outstanding obligation to provide economic benefits related to agricultural provisions under Treaty 8.
Treaty 8 Agricultural Benefits Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/12/24
Alleges that the Crown has neither extinguished nor performed its obligations to the First Nation pursuant to the agricultural benefits of Treaty No. 8.
Treaty 8 Land Entitlement In Negotiations - Research Start Date : 1996/05/29 Active Negotiations - Date Legal Opinion Signed: 1998/02/09 - Date Litigation Became Active : 2003/03/05 Unfulfilled treaty land entitlement pursuant to - Claimant Agreed to Negotiate: 2006/06/20 Treaty No. 8. - Canada Offered to Negotiate: 2008/10/16
Heiltsuk (BAND-538) Drag Seining Licences In Negotiations - Research Start Date : 1999/06/25 Active Negotiations - Date Legal Opinion Signed: 2008/03/25 - Negotiations Inactive: 2008/07/12 Claimant alleges that the drag seining licences - Pending FN's BCR Accepting to Negotiate: 2008/07/13 issued to Robert Draney constituted a trespass on - Canada Offered to Negotiate: 2008/10/16 these reserves. - Claimant Agreed to Negotiate: 2008/12/15
Strom Bay Settled - Date Legal Opinion Signed: 1991/06/24 Settled Through Negotiations - Canada Offered to Negotiate: 1991/09/05 - Settlement Signed by Canada: 1995/08/09 Alleged breach of federal fiduciary duty to protect Indian settlement land.
Hesquiaht (BAND-661) Page 64 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Surrender of Iusuk IR 5 Concluded - Date Claim Filed: 2008/10/16 (Surrender Project) No Lawful Obligation Found - Not Accepted for Negotiations: 2009/08/06
Alleged unlawful surrender of Iusuk IR 5 in 1959 for land exchange.
High Bar (BAND-703) Graveyard Reserve Alienation Settled - Research Start Date : 2004/07/12 Settled Through Negotiations - Date Legal Opinion Signed: 2007/09/18 - Canada Offered to Negotiate: 2008/10/16 Alienation of a FN graveyard. - Settlement Signed by Claimant: 2009/08/15 - Settlement Signed by Canada: 2009/10/19
Homalco (BAND-552) Aupe I.R. No. 6 and 6A Concluded - Research Start Date : 1992/10/01 File Closed - Date Legal Opinion Signed: 1993/07/23 - Not Accepted for Negotiations: 1993/07/31 Alleged unlawful alienation of land from Aupe I.R. - Date of ISCC Process/Active: 1994/07/06 No. 6 and No. 6A - File Closed: 1997/12/19
Huu-ay-aht First Nations (BAND-663) BC Cut-Off Lands (SPLIT #05) Settled - Date Litigation Became Active : 1981/01/21 Settled Through Negotiations - Settlement Signed by Claimant: 1989/05/30 - Settlement Signed By Province: 1989/06/06 (Band previous name: Ohiet) Alienation of reserve - Settlement Signed by Canada: 1989/10/16 land arising from decisions of the McKenna-McBride Commission in 1916.
Keeshan IR #9 Timber Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2011/05/11
(Band previous name: Ohiet) Alleges statutory and fiduciary breaches with respect to the taking of timber from IR No. 9 in the 1950s and 1960s. Page 65 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Numukamis I.R. 1 - Timber Other - Research Start Date : 2005/05/09 Licence Specific Claims Tribunal - Date Legal Opinion Signed: 2007/09/13 - Negotiations Inactive: 2008/01/16 The First Nation alleges that Canada breached - Canada Offered to Negotiate: 2008/10/16 statutory and fiduciary obligations when it - Pending FN's BCR Accepting to Negotiate: 2008/10/17 authorized a timber harvesting licence. - File Closed: 2009/11/16 - Date Claim Filed with the Tribunal: 2011/06/07
Numukamis IR #1 Concluded - Research Start Date : 2004/07/20 File Closed - Date Legal Opinion Signed: 2007/12/04 - Negotiations Inactive: 2008/06/24 (Band previous name: Ohiet) Alleges statutory - Canada Offered to Negotiate: 2008/10/16 and fiduciary breaches stemming from the - Pending FN's BCR Accepting to Negotiate: 2008/10/17 surrender of part of IR No. 1 for the purposes of a - Claimant Agreed to Negotiate: 2008/12/16 logging road right of way. - File Closed: 2009/11/30
West Coast Trail Settled - Research Start Date : 1997/10/01 Settled Through Negotiations - Date Legal Opinion Signed: 1999/04/08 - Canada Offered to Negotiate: 1999/07/29 (Band previous name: Ohiet) Alleged unlawful - Settlement Signed by Claimant: 2002/06/06 taking of land from five indian reserves for trail - Settlement Signed by Canada: 2002/08/26 purposes. I.R. 9 - Kichha I.R. 10 - Clutus I.R. 11 - Anaela I.R. 12 and Masit I.R. 13. The FN also alleges trespass by DND and continued presence of bunker since WW2.
Ka:'yu:'k't'h'/Che:k:tles7et'h' First Nations (BAND-638) Allotment of Mission Island I.R. Concluded - Research Start Date : 2000/06/01 2 No Lawful Obligation Found - Date Legal Opinion Signed: 2005/07/22 - Not Accepted for Negotiations: 2006/10/27 Alleged failure by Indian Reserve Commissioner to allot western portion of Mission Island as part of Mission Island I.R. 2.
Checkleset Additional Land Concluded - Research Start Date : 2001/11/05 Applications No Lawful Obligation Found - Date Legal Opinion Signed: 2005/09/12 - Not Accepted for Negotiations: 2006/11/10 Alleges that Canada failed to adecuately support the band`s application for additional reserve lands to the McKenna McBride Commission. Page 66 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) ECHAS Village Site Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/08/23 Alleged failure by Canada to allot ECHAS village - Not Accepted for Negotiations: 2010/12/23 site as an Indian Reserve.
Kyuquot Additional Land Concluded - Research Start Date : 2001/11/05 Applications No Lawful Obligation Found - Date Legal Opinion Signed: 2005/07/12 - Not Accepted for Negotiations: 2006/10/27 Alleges that Canada failed to adequately support the band's application for additional reserve lands to the McKenna-McBride Commission.
O'Reilly Reserve Allotments Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/03/23 - Not Accepted for Negotiations: 2009/10/14 Alleged that Indian Reserve Commissioner failed to reserve 5 settlement sites in the course of his visit with the Kyuquot people in 1889.
Kamloops (BAND-688) Trutch Reduction Concluded - Research Start Date : 1993/12/15 No Lawful Obligation Found - Date Legal Opinion Signed: 2007/10/26 - Not Accepted for Negotiations: 2008/06/12 Revision of 1986 submission. Alleged the BC government unlawfully took approximately 6,000 acres of Kamloops I.R. No. 1 in 1866.
Kanaka Bar (BAND-704) CNPR ROW across Kanaka Under Assessment - Date Claim Filed: 2008/10/16 Bar IR 1A Legal Opinion Signed - Date Legal Opinion Signed: 2011/04/21
Alleged unlawful taking of reserve land for railway right-of-way and inadequate compensation.
Expropriation from IR No. 2 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/11/15 - Not Accepted for Negotiations: 2011/05/19 Alleges insufficient compensation for a railway taking. Page 67 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Lands Taken for Public Under Assessment - Date Claim Filed: 2008/10/16 Purposes Legal Opinion Signed - Date Legal Opinion Signed: 2011/06/07
Canada's alleged failure to provide replacement reserve lands for railway and highway and transmission line rights of way in order to minimally impair the Band's reserve land base.
Preemption of Lot 4 (T'aqt'agtn) Under Assessment - Date Claim Filed: 2011/05/04 Research - Research Start Date : 2011/05/05
Alleges breach of a lawful obligation when the preemption and subsequent alienation of a portion of the settlement at T'aqt'agtn was permitted (Lot 4 G. I, Kamloops Division of Yale Land District).
Reserve 1A & 2 Lot 4 Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2009/05/26
Alleged illegal pre-emption of Indian land that should have been reserved between IR No. 1A and IR No. 2.
Road Right of Way - Trans Under Assessment - Date Claim Filed: 2009/06/03 Provincial Highway Justice Department Preparing Legal Opinion - Research Start Date : 2009/06/04
Alleges Canada owes outstanding lawful obligations to the Band with respect to reserve lands taken for the construction of the Trans Provincial highway in 1926-27.
Whyeek I.R. No. 4 In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Date Legal Opinion Signed: 2008/11/19 - Canada Offered to Negotiate: 2011/05/17 Alleged excessive right-of-way taken for CPR and - Negotiations Inactive: 2011/05/18 inadequate compensation with respect to Whyeek - Pending FN's BCR Accepting to Negotiate: 2011/05/19 I.R. No. 4.
Katzie (BAND-563) Page 68 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Katzie I.R. No. 1 and No. 3 Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/10/21
Alleged unlawful dykes on Katzie I.R. No. 1 and Katzie I.R. No. 3, resulting in an illegal trespass and damages.
Pitt Lake IR #4 Leases Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/06/01
The FN submits that Canada owes an outstanding lawful obligation with respect to the development of Pitt Lake IR #4 for recreational purposes.
Kitasoo (BAND-540) Logging on Canoona IR 2 in Concluded - Date Claim Filed: 2008/10/16 1970's No Lawful Obligation Found - Not Accepted for Negotiations: 2009/08/11
Inadequate terms of compensation for timber.
McKenna-McBride Applications Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/05/14 - Not Accepted for Negotiations: 2009/10/14 Alleged government of Canada failed to adequateley protect the FN's interests before the BC Royal Commission on Indian Affairs (the McKenna-McBride Commission).
O'Reilly Reserve Allotments Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2010/12/20
The FN asserts that Canada breached its duty in that the Commissioner's reserve allotments in 1882 were inadequate and did not meet the band's requirements. Page 69 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Reserve Surveys In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Date Legal Opinion Signed: 2008/12/05 - Canada Offered to Negotiate: 2010/03/26 Alleged that new reserves allotted by the - Negotiations Inactive: 2010/03/27 McKenna-McBride Commission were - Pending FN's BCR Accepting to Negotiate: 2010/03/28 subsequently mis-surveyed.
Water Supply IR #1 Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/01/28
Alleged unlawful lease of land and failure to provide water supply to Kitasoo I.R. No. 1 as a condition of lease.
Kitselas (BAND-680) Grand Trunk Pacific Railway Concluded - Research Start Date : 1996/06/06 File Closed - Date Legal Opinion Signed: 2004/02/02 - Not Accepted for Negotiations: 2005/04/11 Alleged that lands taken through the FN's - Date of ISCC Process/Active: 2006/09/22 Kitselas, Chimdemash and Kshish IRs for the - File Closed: 2008/10/02 Grand Trunk Pacific Railway were improperly taken, and the FN did not receive adequate compensation for these lands.
Highway Settled - Research Start Date : 1996/05/01 Settled Through Negotiations - Date Legal Opinion Signed: 2004/12/01 - Canada Offered to Negotiate: 2008/10/16 Alleged inadequate compensation and other - Settlement Signed by Claimant: 2008/12/09 issues around the expropriation of highway - Settlement Signed by Canada: 2009/01/30 rights-of-way through nine of its reserves (Kitselas IR#1, Chimdimash IR# 2 and 2A, Ikshenigwolk IR# 3, Kshish IRs 4 and 4A, Zaimoetz IR# 5, Kulspai IR# 6 and Ketoneda IR# 7).
Kitselas IR No. 1 Reserve Concluded - Date Claim Filed: 2008/10/16 Creation No Lawful Obligation Found - Date Legal Opinion Signed: 2009/06/12 - Not Accepted for Negotiations: 2009/10/21 Alleges 10 acres adjacent to Kitselas IR No. 1 should have been set aside as reserve. Page 70 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) O'Reilly Reduction of Kitselas I. Concluded - Date Claim Filed: 2008/10/16 R. 1 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/06/12 - Not Accepted for Negotiations: 2009/10/21 Alleged unlawful reduction of Kitselas I. R. 1 by 640 acres, in exchange for 490 acres as Kshish I. R. 4A in 1893.
Reserve Reduction Resulting In Negotiations - Date Claim Filed: 2008/10/16 from Surveys Active Negotiations - Date Legal Opinion Signed: 2009/06/12 - Canada Offered to Negotiate: 2009/12/21 Alleged discrepancies between the allotments of - Pending FN's BCR Accepting to Negotiate: 2009/12/22 Kitselas Reserves and the subsequent surveys of - Claimant Agreed to Negotiate: 2010/02/22 these reserves in 1901.
Royal Comm.'s Disall. App. for Concluded - Date Claim Filed: 2008/10/16 Add. Land File Closed - File Closed: 2010/05/03
Alleged failure to uphold band applications for additional reserve lands in light of Royal Commission's disallowance of these applications.
Timber Concluded - Research Start Date : 1996/05/01 File Closed - Date Legal Opinion Signed: 2001/12/07 - Canada Offered to Negotiate: 2005/01/28 Alleged inadequate compensation and other - File Closed: 2005/06/13 issues around the harvesting of timber through several of the FN's reserves (Kitselas, Chimdimash and Zaimoetz).
Timber Operations Under Assessment - Date Claim Filed: 2010/01/13 Justice Department Preparing Legal Opinion - Research Start Date : 2010/01/14
Alleges timber unlawfully taken from IRs 1, 4, 4A, and 5 and inadequate compensation.
Kitsumkalum (BAND-681) Page 71 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Claim 1: I.R. No 1 - Zimagord Settled - Date Legal Opinion Signed: 1972/11/20 I.R. No. 3 Settled Through Negotiations - Canada Offered to Negotiate: 1974/05/30 - Settlement Signed by Canada: 1974/12/24 Alleged compensation for Yellowhead Highway right-of-way across Kitsumkalum I.R. No. 1.
Claim 2: I.R. No 1 - Zimagord Settled - Research Start Date : 1986/10/21 I.R. No. 3 Settled Through Negotiations - Date Legal Opinion Signed: 1990/07/17 - Canada Offered to Negotiate: 1991/02/25 Alleged that the GTP Railway built through - Settlement Signed by Claimant: 1995/02/25 Kitsumkalum I.R. No. 1 and Zimagord I.R. No. 3 in - Settlement Signed By Province: 1995/03/01 1910 was done without proper authority and - Settlement Signed by Canada: 1995/03/30 without adequate compensation.
Claim 3: I.R. No 1 - Zimagord Settled - Research Start Date : 1985/02/08 I.R. No. 3 Settled Through Negotiations - Date Legal Opinion Signed: 1990/03/27 - Canada Offered to Negotiate: 1991/02/25 This claim is a re-presentation of the 1972 claim & - Settlement Signed by Claimant: 1995/02/25 amendment of the March 30/1984 claim. Alleged - Settlement Signed By Province: 1995/03/01 that the Yellowhead Highway built through - Settlement Signed by Canada: 1995/03/30 Kitsumkalum I.R. No. 1 and Zimagord I.R. No. 3 in 1942 as a war measure was done without proper authority and without adequate compensation. The new claim included land not compensated in 1972 and also challenges the 1974 settlement.
Klahoose First Nation (BAND-553) Cortes Island Burial Site Concluded - Research Start Date : 1995/09/01 No Lawful Obligation Found - Date Legal Opinion Signed: 1996/05/15 - Not Accepted for Negotiations: 1996/07/29 Alleged that this site is a traditional burial site for the Klahoose FN, and should have been protected from alienation to non-natives.
Klahoose IR# 1 Logging 1945 Under Assessment - Date Claim Filed: 2008/10/16 to 1950 Justice Department Preparing Legal Opinion
Alleged failure by Canada of statutory duty, fidiciary duty and duty of care in relation to the sale of timber on Klahoose IR# 1 in the years 1945 to 1950. Page 72 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Tork IR 7 Road Right of Way Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/05/10
Alleges loss of 1.73 acres of IR 7 without compensation and wrongful payment by FN for construction of road.
Kluskus (BAND-721) Upper Kluskus Lake I.R. No. 9 Concluded - Research Start Date : 1995/06/01 No Lawful Obligation Found - Date Legal Opinion Signed: 2001/07/26 - Not Accepted for Negotiations: 2002/10/07 Alleged that IR #9 (Upper Kluskus Lake) should have been confirmed at 160 acres, rather than 20, pursuant to the minute of decision of the McKenna-McBride Commision.
K'ómoks First Nation (BAND-624) Comox and Back Road Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/02/25 - Not Accepted for Negotiations: 2011/05/25 (Band previous name: Comox). Alleges that reserve land was unlawfully taken by the Province of BC for road purposes.
Condensory Road Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2010/08/03
(Band previous name: Comox). Alleges that reserve land was unlawfully taken by the Province of BC for road purposes.
Goose Spit IR 3 In Negotiations - Date Claim Filed: 2008/10/16 Active Negotiations - Date Legal Opinion Signed: 2008/11/18 - Canada Offered to Negotiate: 2009/08/14 (Band previous name: Comox). Inadequate - Pending FN's BCR Accepting to Negotiate: 2009/08/15 compensation for occupation of land on Goose - Claimant Agreed to Negotiate: 2009/09/22 Spit IR 3 for military purposes from 1896 to 1980. Page 73 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Pentledge I.R. 2 Logging Right Under Assessment - Date Claim Filed: 2008/10/16 of Way Legal Opinion Signed - Date Legal Opinion Signed: 2010/10/05
(Band previous name: Comox). The FN alleged that Canada breached its lawful obligation with respect to the creation and monitoring of two loggings right of way on Pentledge I.R. 2.
Kwadacha (BAND-610) Inadequate Reserve Allotment Under Assessment - Date Claim Filed: 2011/02/02 Research - Research Start Date : 2011/02/03
Alleges an outstanding lawful obligation with respect to the failure to set aside reserves in the course of the reserve allotment process undertaken by the Joint Reserve Commission, the Indian Reserve Commission, and the Royal Commission, and to protect traditional use sites for their continued use and benefit.
Kwakiutl (BAND-626) Deer Island Settled - Research Start Date : 1992/09/02 Settled Through Negotiations - Date Legal Opinion Signed: 1992/10/13 - Settlement Signed by Claimant: 1997/03/25 Alleged that Deer Island should have been - Settlement Signed by Canada: 1997/03/26 reserved pursuant to Douglas Treaty.
Tsulquate Settled - Research Start Date : 1989/11/03 Settled Through Negotiations - Date Legal Opinion Signed: 1991/05/07 - Canada Offered to Negotiate: 1991/07/16 Amalgamation of FNs to Tsulquate Reserve. - Settlement Signed by Canada: 1992/07/14 Compensation is being requested by the FN for loss of the Tsulquate reserve.
Kwiakah (BAND-628) I.R. #5 - F & R Logging and Under Assessment - Date Claim Filed: 2008/10/16 Right-of-Way Legal Opinion Signed - Date Legal Opinion Signed: 2010/10/26 Page 74 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Alleged improper timber lease, inadequate compensation, and illegal logging road right of way on Matsayno I.R. 5 by a logging company in the 1940's.
I.R. #5 - Fox Logging and Concluded - Date Claim Filed: 2008/10/16 Right-of-Way No Lawful Obligation Found - Date Legal Opinion Signed: 2010/07/28 - Not Accepted for Negotiations: 2011/05/13 Alleged improper timber lease, inadequate compensation, and illegal logging road right of way on Matsayno IR 5 by a logging company in the 1920's.
IR# 6 - Rolandi Bros. Logging Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2010/11/26
Alleges breach of lawful obligation by Canada in it negotiation and administration of privileges granted to a logging company, in or about 1964 and 1970, for the use and logging of Saaiyouck IR# 6.
Reserve Allotment Omission by Concluded - Date Claim Filed: 2008/10/16 O'Reilly No Lawful Obligation Found - Date Legal Opinion Signed: 2008/11/19 - Not Accepted for Negotiations: 2009/08/06 Alleged omission to re-allot 2 reserves by the Reserve Commissioner in 1880.
Kwicksutaineuk-ah-kwaw-ah-mish (BAND-625) Dug-Da-Myse IR 12 - Under Assessment - Date Claim Filed: 2008/10/16 Foreshore Fill and Logging Justice Department Preparing Legal Opinion Road Alleges alienation IR #12 when in 1964 a road was discovered on the reserve and fill was placed onto the foreshore affecting reparian rights.
Lake Babine Nation (BAND-607) Page 75 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Donald's Landing Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/08/21 - Not Accepted for Negotiations: 2010/01/21 Alleged failure to reserve lands sought by the First Nation.
Tachek I.R. 25 In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Date Legal Opinion Signed: 2009/11/03 - Canada Offered to Negotiate: 2011/05/25 Alleged lands approved as a new reserve buy the - Negotiations Inactive: 2011/05/26 McKenna-McBride Commission were alienated as - Pending FN's BCR Accepting to Negotiate: 2011/05/27 the result of improper survey.
Lake Cowichan First Nation (BAND-643) Alienation of IR # 1 Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2009/05/26
Alleged that a reserve of some 800 acres was originally set aside for it, and since then has on several occasions been unlawfully reduced in size.
Aquot Reserve Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/09/08 - Not Accepted for Negotiations: 2010/01/21 Alleged unlawful alienation of the entire Aquot Reserve in 1899.
Lax-kw'alaams (BAND-674) BC Cut-Off Lands (SPLIT #06) Settled - Canada Offered to Negotiate: 1981/01/21 Settled Through Negotiations - Settlement Signed by Claimant: 2008/01/08 - Settlement Signed By Province: 2008/02/18 (Band previous name: Port Simpson) Alienation of - Settlement Signed by Canada: 2008/09/04 reserve land arising from decisions of the McKenna-McBride Commission in 1916. Page 76 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Housing Concluded - Canada Offered to Negotiate: 1986/02/17 Resolved Through Administrative Remedy - Date Referred for Admin. Remedy : 1986/06/05
(Band previous name: Port Simpson) Alleged DIA failure to secure repayment of monies paid from FN funds.
Khyex I.R. No. 8 Concluded - File Closed: 1988/04/14 File Closed
(Band previous name: Port Simpson) Alleged that Yellowhead Highway, built through Khyes I.R. No. 8 in 1942 as a war measure, was done without adequate compensation.
Tsimpsean I.R. No. 2 Settled - Research Start Date : 1980/02/12 Settled Through Negotiations - Date Legal Opinion Signed: 1984/02/02 - Canada Offered to Negotiate: 1985/04/15 (Band previous name: Port Simpson) Invalid - Date of ISCC Process/Active: 1993/05/04 surrender of the Tsimpsean Indian Reserve No. 2 - Settlement Signed by Claimant: 2002/12/12 held jointly with the Metlakatla FN, by Indian - Settlement Signed by Canada: 2003/03/31 Reserve Commissioner in 1888.
Leq' a: mel First Nation (BAND-579) Alienation of Lakahahmen IR Under Assessment - Date Claim Filed: 2009/06/03 #11 Justice Department Preparing Legal Opinion - Research Start Date : 2009/06/04
Alleges breach of fiduciary duty in obtaining a surrender for sale of 2.82 acres of IR #11 in 1947 to Deroche Community Association instead of suggesting a lease.
CPR R/W on IRs 8 & 11 In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Date Legal Opinion Signed: 2010/02/24 - Canada Offered to Negotiate: 2011/05/20 (Band previous name: Lakahahmen). Band - Negotiations Inactive: 2011/05/21 alleges that the taking of 4 parcels of land from - Pending FN's BCR Accepting to Negotiate: 2011/05/22 the FN's Holachten IR # 8 and Lakahamen IR # 11 for the CPR was done improperly. Page 77 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Lakahahamen IR 11 - Taylor Under Assessment - Date Claim Filed: 2008/10/16 Road Legal Opinion Signed - Date Legal Opinion Signed: 2011/06/20
Alleged failure to ensure road stayed within limits of the right-of-way.
Lougheed Highway ROW on In Negotiations - Date Claim Filed: 2008/10/16 Holachten IR 8 Inactive Negotiations - Date Legal Opinion Signed: 2009/12/16 - Canada Offered to Negotiate: 2010/06/09 (Band previous name: Lakahahmen). Improper - Negotiations Inactive: 2010/06/10 taking of reserve land for highway right of way on - Pending FN's BCR Accepting to Negotiate: 2010/06/11 Holachten IR 8 and inadequate compensation.
North Nicomen Road Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/12/08
(Band previous name: Lakahahmen). Improper taking of reserve land for road right of way without compensation.
Lheidli T'enneh (BAND-611) Fort George I.R. No. 1 Concluded - Date Litigation Became Active : 1992/05/01 File Closed - Research Start Date : 1992/06/12 - Date Legal Opinion Signed: 2002/06/17 Alleged unlawful alienation of Fort George I.R. - Not Accepted for Negotiations: 2002/10/29 No. 1 to the G.T.P. Railway in 1913 and - Date of ISCC Process/Active: 2003/12/18 inadequate compensation. - File Closed: 2009/01/27
Lhtako Dene Nation (BAND-715) Graveyard Reserves Settled - Research Start Date : 1988/06/15 Settled Through Negotiations - Date Legal Opinion Signed: 1997/08/12 - Canada Offered to Negotiate: 1999/03/08 Alienation of FN graveyards. - Settlement Signed by Claimant: 2007/11/09 - Settlement Signed by Canada: 2007/12/10
Little Shuswap Lake (BAND-689) CPR Right of Way on Chum IR Concluded - Date Claim Filed: 2008/10/16 2 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/08/30 - Not Accepted for Negotiations: 2011/02/16 Page 78 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) The FN alleges breaches of Canada's statutory duty, fiduciary duty and duty of care to the Little Shuswap Indian Band through 1) the unlawful taking of 32.92 acres of reserve land for CPR right of way and station grounds, 2) improper lease of land for a gravel crushing plant, 3) failure to require a surrender for the railway taking, and 4) failure to secure adequate compensation.
Hwy Expropriation IR's 1 - 2 - 4 Under Assessment - Date Claim Filed: 2008/10/16 Justice Department Preparing Legal Opinion
Alleged unlawful taking of reserve land for highway purposes.
I. R. No. 5 Highway Under Assessment - Date Claim Filed: 2008/10/16 Expropriation Justice Department Preparing Legal Opinion
Alleged improper taking and compensation regarding provincial highway across North Bay I.R. No. 5.
North Bay IR #5 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2009/08/12
Alleges that an improper survey led to a failure to include a large portion of land which had been allotted by the Joint Reserve Commission in 1877.
North Bay IR #5 CPR Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/07/30
The Band submits that Canada owes an outstanding lawful obligation to compensate the Band for the disposition of its reserve land to CPR. Page 79 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Salmon Arm Reserves - Concluded - Date Claim Filed: 2008/10/16 Subdivision No Lawful Obligation Found - Date Legal Opinion Signed: 2010/09/29 - Not Accepted for Negotiations: 2011/03/22 Alleged unlawful subdivision of two reserves established by the Joint Indian Reserve Commission to be held in common by the Little Shuswap Band and two other bands.
Scotch Creek IR 4 Survey Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2011/01/04 - Not Accepted for Negotiations: 2011/05/19 Scotch Creek IR 4 survey error.
Lower Kootenay (BAND-606) IR 1 Bedlington & Nelson Under Assessment - Date Claim Filed: 2010/11/03 Railway Research - Research Start Date : 2010/11/04
Alleges illegal taking of reserve lands, failure to minimize impairment and to obtain adequate compensation for the 28.5 acres used by the Bedlington-Nelson Railway.
Land Reclamation Concluded - Research Start Date : 1983/02/28 File Closed - Date Legal Opinion Signed: 1985/10/17 - Not Accepted for Negotiations: 1987/04/22 Revised in June, 1985, alleged Canada breached - Date Litigation Became Active : 1990/01/03 its fiduciary obligation concerning a 50 year lease - File Closed: 1997/01/31 of 1,800 acres of reserve land in 1934.
Lower Kootenay I.R. No. 1A Settled - Research Start Date : 1983/02/28 Settled Through Negotiations - Date Legal Opinion Signed: 1984/11/09 - Canada Offered to Negotiate: 1985/04/02 Alleged lands promised to it in 1908 were never - Settlement Signed by Claimant: 1988/09/29 set aside for its use and benefit. - Settlement Signed by Canada: 1989/06/27
Lower Nicola (BAND-695) Page 80 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Graveyard and Settlements Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/05/10
Claim alleges that several graveyards and settlements were not set aside as indian reserves.
Lower Similkameen (BAND-598) Alienation of I.R. No. 13 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/05/29 - Not Accepted for Negotiations: 2010/06/23 Alleges 2600 acres was allotted by the BC Royal Commission as a grazing reserve, and was thereafter wrongfully alienated.
Alienation of IR # 1 Concluded - Research Start Date : 1996/10/02 No Lawful Obligation Found - Date Legal Opinion Signed: 2004/12/23 - Not Accepted for Negotiations: 2006/05/23 Alleged that a reserve of some 1,350 acres was alloted to the FN by Reserve Commissioner, and parts of this reserve were illegally sold to third parties, leaving a total of only 381 acres. This reserve, too, was later cancelled.
Burlington Railway Concluded - Research Start Date : 1996/02/05 File Closed - Date Legal Opinion Signed: 1996/08/09 - Not Accepted for Negotiations: 1996/09/09 Alleged that the compensation it received for the - Date Litigation Became Active : 1996/10/15 expropriation of reserve lands for a railway in - Date of ISCC Process/Active: 2003/04/17 1905 was inadequate. - File Closed: 2009/05/30
River Erosion of Seven Concluded - Date Claim Filed: 2008/10/16 Reserves No Lawful Obligation Found - Date Legal Opinion Signed: 2010/04/22 - Not Accepted for Negotiations: 2010/12/20 Alleged failure to protect seven reserves from loss of land due to river erosion.
Lytton (BAND-705) Page 81 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Alienation of 35.82 Acres - Concluded - Date Claim Filed: 2008/10/16 Lytton IR 27B File Closed - File Closed: 2009/05/26
Alleged unlawful alienation of reserve lands in 1911 and by the actions of the McKenna-McBride Commission in 1916.
Alienation of Maka IR 8 Land In Negotiations - Research Start Date : 2002/12/16 Active Negotiations - Date Legal Opinion Signed: 2007/11/02 - Negotiations Inactive: 2008/02/21 The FN alleges unlawful alienation of Maka IR 8 - Canada Offered to Negotiate: 2008/10/16 land. - Pending FN's BCR Accepting to Negotiate: 2008/10/17 - Claimant Agreed to Negotiate: 2010/01/13
CNR Right of Way Across Concluded - Date Claim Filed: 2008/10/16 Lytton IR No.26A No Lawful Obligation Found - Date Legal Opinion Signed: 2010/11/10 - Not Accepted for Negotiations: 2011/05/11 Alleges Federal Government breached its fiduciary obligations to the FN by failing to confirm IR No. 26A as a reserve in a timely fashion and by failing to protect the FN's interests in relation to the development of the CNPR right-of-way. Allegations also include excessive width issues.
CPR Right-of-Way Lytton IR In Negotiations - Date Claim Filed: 2008/10/16 Nos. 16 & 18 Inactive Negotiations - Date Legal Opinion Signed: 2009/06/03 - Canada Offered to Negotiate: 2011/05/16 Alleged unlawful right-of-way and inadequate - Negotiations Inactive: 2011/05/17 compensation. - Pending FN's BCR Accepting to Negotiate: 2011/05/18
Expropriation from IRs 19- 24- Under Assessment - Date Claim Filed: 2008/10/16 25- 26 Legal Opinion Signed - Date Legal Opinion Signed: 2011/05/16
Alleges insufficient compensation for a railway taking.
Failure to Reserve Lands at Under Assessment - Date Claim Filed: 2011/06/01 ShPapyem Research - Research Start Date : 2011/06/02 Page 82 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Alleges that the Colonial and Dominion Crown allowed the illegal pre-emption and sale and failed to reserve ShPapyem settlement.
Hospital Lands Claim Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2009/05/26
Alleged failure on the part of Canada to protect lands intended to be reserved for the Lytton FN from alienation by third parties.
Illegal Pre-emption of Under Assessment - Date Claim Filed: 2011/06/01 Niaka'pamux Settlement at Research - Research Start Date : 2011/06/02 Nhho.mEEn Alleges that the 1860s pre-emptions of Lots 1, 2, 16, 21, and 1460 at the Nlaka'pamux settlement at Nhho.mEEn were illegal.
Nohomeen Concluded - Date Claim Filed: 2008/10/16 File Closed - Research Start Date : 2008/10/17 - File Closed: 2009/05/26 Alleged Indian settlement at Nohomeen should have been reserved.
Papyum Concluded - Date Claim Filed: 2008/10/16 File Closed - Research Start Date : 2008/10/17 - File Closed: 2009/05/26 Alleged Indian settlement at Papyum should have been reserved.
Pipeline ROW on IRs 16A - 17 Under Assessment - Date Claim Filed: 2008/10/16 & 18 Legal Opinion Signed - Date Legal Opinion Signed: 2010/05/11
Alleged unlawful water pipeline rights of way on Two Mile Creek IR 16A, Klahkamich IR 17 and Klickkumcheen IR18.
Malahat First Nation (BAND-647) Page 83 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Malahat I.R. No. 11 Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2009/05/27
Alleged unlawful expropriation and inadequate compensation regarding 18 acre Malahat Highway right-of-way across Malahat I.R. No. 11 in 1911.
Mamalilikulla-Qwe'Qwa'Sot'Em (BAND-629) 1886 Reserve Allotments Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2010/12/03
The Band alleges, as a result of the Indian Reserve Commissioner's breach of duty of care, the band lost the opportunity to acquire as reserves, additional lands upon which villages, settlements, burial places, and hunting and fishing places were located.
Additional Lands Application Concluded - Research Start Date : 1994/03/07 File Closed - Date Legal Opinion Signed: 1994/07/13 - Not Accepted for Negotiations: 1994/08/17 Alleged DIA failed to represent its interests in - Date of ISCC Process/Active: 1995/10/04 applying for additional lands to the - Date Litigation Became Active : 1999/08/20 McKenna-McBride Commission. - File Closed: 2000/05/04
Compton Island IR 6 Timber in Concluded - Date Claim Filed: 2008/10/16 1936-1939 No Lawful Obligation Found - Not Accepted for Negotiations: 2009/08/06
Management of timber lease by Canada on Compton Island IR 6 in the 1930s. Inadequate compensation for timber taken from Compton Island I.R. No. 6 in 1936-1939.
Compton Island IR 6 Timber in Concluded - Date Claim Filed: 2008/10/16 1950-1954 No Lawful Obligation Found - Not Accepted for Negotiations: 2009/08/11
Management of timber lease by Canada on Compton Island I.R. No. 6 between 1950-1954. Page 84 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Dead Point Reserve Settled - Research Start Date : 1996/01/23 Settled Through Negotiations - Date Legal Opinion Signed: 1999/05/21 - Date Litigation Became Active : 1999/06/27 Alleged that Canada allowed a trespass to occurr - Canada Offered to Negotiate: 1999/06/28 on the Dead Point Indian Reserve and that the - Settlement Signed by Claimant: 2007/02/26 surrendered of the reserve in 1934 was unlawful. - Settlement Signed by Canada: 2007/03/21 The Band also claimed no compensation was ever paid to the band for the loss of the Dead point Indian Reserve.
IR 1 Village Island Logging Under Assessment - Date Claim Filed: 2009/09/02 Justice Department Preparing Legal Opinion - Research Start Date : 2009/09/03
Alleges statutory and fiduciary duties and a duty of care for logging operations on IR1 timber limit between 1944 and 1958 under licence No. 288 and 357, respectively.
Logging Donkey and Timber Concluded - Research Start Date : 2000/03/07 No Lawful Obligation Found - Date Legal Opinion Signed: 2008/02/27 - Not Accepted for Negotiations: 2008/07/18 The Band alleges Canada breached its fiduciary obligation to the band by; approving and implementing a logging operation on I.R. No. 1 without obtaining a proper surrender, by failing to obtain an OIC for the purchase of a logging donkey, and by failing to credit the proceeds from the sale of timber to the band.
Severance From Interest in IRs Under Assessment - Date Claim Filed: 2010/09/01 2 to 4 Research - Research Start Date : 2010/09/02
Alleges a breach of obligations when the FN was severed from its legal interest in three reserves originally set aside for the joint use of the Mamaleleqala Qwe'Qwa'Sot'Em and Kwicksotaineuk Bands.
Matsqui (BAND-565) Page 85 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) CPR Expropriation IR No. 1 and Concluded - Date Claim Filed: 2008/10/16 2 File Closed - Research Start Date : 2008/10/17 - File Closed: 2010/06/17 Alleged improper taking of Matsqui I.R.'s 1 and 2 for a railway and transmission line right-of-way.
CPR Right-of-Way on Under Assessment - Date Claim Filed: 2010/10/06 Sahhacum IR 1 Justice Department Preparing Legal Opinion - Research Start Date : 2010/10/07
Alleges improper taking of Sahhacum IR1 land for CPR right-of-way.
Sahhacum IR 1 Riverside Road Under Assessment - Date Claim Filed: 2009/11/12 Justice Department Preparing Legal Opinion - Research Start Date : 2009/11/13
Alleges a breach of a statutory duty, fiduciary duty and duty of care when a portion of Sahhacum IR 1 was expropriated circa 1909 and then widened and 'regularized' in 1937.
Vancouver Power Company Under Assessment - Date Claim Filed: 2010/09/01 RoW on Sahhacum IR 1 & Justice Department Preparing Legal Opinion - Research Start Date : 2010/09/02 Matsqui Main IR 2 Alleges taking of land from Sahhacum IR 1 and Matsqui Main IR 2 for Vancouver Power Company rights-of-way (1908-1919) was invalid.
McLeod Lake (BAND-618) 50 acres Settled - Research Start Date : 1987/06/09 Settled Through Negotiations - Date Legal Opinion Signed: 1991/02/27 - Canada Offered to Negotiate: 1991/05/21 Alleged approximately 50 acres were omitted from - Settlement Signed by Claimant: 1999/11/17 two reserves in the 1920s due to survey errors. - Settlement Signed By Province: 1999/12/17 - Settlement Signed by Canada: 2000/03/27
Severalty - B8265M8-14-10-1 Settled - Date Legal Opinion Signed: 2000/03/27 Settled Through Negotiations - Canada Offered to Negotiate: 2000/07/28 - Settlement Signed by Claimant: 2006/08/21 Band member enacted severalty land option - Settlement Signed By Province: 2006/10/13 pursuant to MLIB's adhesion to Treaty 8 in - Settlement Signed by Canada: 2006/12/07 1999/2000. Page 86 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Severalty - B8265M8-14-10-2 Settled - Date Legal Opinion Signed: 2000/03/27 Settled Through Negotiations - Canada Offered to Negotiate: 2000/07/28 - Settlement Signed by Claimant: 2006/08/21 Band member enacted severalty land option - Settlement Signed By Province: 2006/10/13 pursuant to MLIB's adhesion to Treaty 8 in - Settlement Signed by Canada: 2006/12/07 1999/2000.
Severalty - B8265M8-14-11 In Negotiations - Date Legal Opinion Signed: 2000/03/27 Active Negotiations - Canada Offered to Negotiate: 2000/07/28
Band member enacted severalty land option pursuant to MLIB's adhesion to Treaty 8 in 1999/2000.
Severalty - B8265M8-14-13 Settled - Date Legal Opinion Signed: 2000/03/27 Settled Through Negotiations - Canada Offered to Negotiate: 2000/07/28 - Date Litigation Became Active : 2002/05/09 Band member enacted severalty land option - Settlement Signed by Claimant: 2009/03/14 pursuant to MLIB's adhesion to Treaty 8 in - Settlement Signed by Canada: 2009/03/27 1999/2000.
Severalty - B8265M8-14-13-1 Settled - Date Legal Opinion Signed: 2000/03/27 Settled Through Negotiations - Canada Offered to Negotiate: 2000/07/28 - Date Litigation Became Active : 2002/05/09 Band member enacted severalty land option - Settlement Signed by Claimant: 2009/03/14 pursuant to MLIB's adhesion to Treaty 8 in - Settlement Signed by Canada: 2009/03/27 1999/2000.
Severalty - B8265M8-14-14 Settled - Date Legal Opinion Signed: 2000/03/27 Settled Through Negotiations - Canada Offered to Negotiate: 2000/07/28 - Date Litigation Became Active : 2002/05/09 Band member enacted severalty land option - Settlement Signed by Canada: 2007/10/04 pursuant to MLIB's adhesion to Treaty 8 in 1999/2000. Page 87 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Severalty - B8265M8-14-15 Settled - Date Legal Opinion Signed: 2000/03/27 Settled Through Negotiations - Canada Offered to Negotiate: 2000/07/28 - Settlement Signed by Canada: 2007/10/04 Band member enacted severalty land option pursuant to MLIB's adhesion to Treaty 8 in 1999/2000.
Severalty - B8265M8-14-15-1 In Negotiations - Date Legal Opinion Signed: 2000/03/27 Active Negotiations - Claimant Agreed to Negotiate: 2006/06/30 - Canada Offered to Negotiate: 2008/10/16 Band member enacted severalty land option pursuant to MLIB's adhesion to Treaty 8 in 1999/2000.
Severalty - B8265M8-14-15-2 In Negotiations - Date Legal Opinion Signed: 2000/03/27 Active Negotiations - Claimant Agreed to Negotiate: 2008/06/26 - Canada Offered to Negotiate: 2008/10/16 Band member enacted severalty land option pursuant to MLIB's adhesion to Treaty 8 in 1999/2000.
Severalty - B8265M8-14-15-3 In Negotiations - Date Legal Opinion Signed: 2000/03/27 Active Negotiations - Canada Offered to Negotiate: 2008/10/16 - Claimant Agreed to Negotiate: 2009/07/28 Band member enacted severalty land option pursuant to MLIB's adhesion to Treaty 8 in 1999/2000.
Severalty - B8265M8-14-16 Settled - Date Legal Opinion Signed: 2000/03/27 Settled Through Negotiations - Canada Offered to Negotiate: 2000/07/28 - Date Litigation Became Active : 2002/05/09 Band member enacted severalty land option - Settlement Signed by Claimant: 2009/03/16 pursuant to MLIB's adhesion to Treaty 8 in - Settlement Signed by Canada: 2009/03/27 1999/2000.
Severalty - B8265M8-14-18 Settled - Date Legal Opinion Signed: 2000/03/27 Settled Through Negotiations - Canada Offered to Negotiate: 2000/07/28 - Settlement Signed by Canada: 2005/11/02 Page 88 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Band member enacted severalty land option pursuant to MLIB's adhesion to Treaty 8 in 1999/2000.
Severalty - B8265M8-14-18-1 Settled - Date Legal Opinion Signed: 2000/03/27 Settled Through Negotiations - Canada Offered to Negotiate: 2000/07/28 - Settlement Signed by Canada: 2005/11/02 Band member enacted severalty land option pursuant to MLIB's adhesion to Treaty 8 in 1999/2000.
Severalty - B8265M8-14-18-2 Settled - Date Legal Opinion Signed: 2000/03/27 Settled Through Negotiations - Canada Offered to Negotiate: 2000/07/28 - Settlement Signed by Canada: 2005/11/22 Band member enacted severalty land option pursuant to MLIB's adhesion to Treaty 8 in 1999/2000.
Severalty - B8265M8-14-18-3 Settled - Date Legal Opinion Signed: 2000/03/27 Settled Through Negotiations - Canada Offered to Negotiate: 2000/07/28 - Settlement Signed by Claimant: 2005/10/25 Band member enacted severalty land option - Settlement Signed By Province: 2005/11/18 pursuant to MLIB's adhesion to Treaty 8 in - Settlement Signed by Canada: 2006/06/29 1999/2000.
Severalty - B8265M8-14-2 Concluded - Date Legal Opinion Signed: 2000/03/27 File Closed - Canada Offered to Negotiate: 2000/07/28 - File Closed: 2002/02/20 Band member enacted severalty land option pursuant to MLIB's adhesion to Treaty 8 in 1999/2000.
Severalty - B8265M8-14-2-1 In Negotiations - Date Legal Opinion Signed: 2000/03/27 Active Negotiations - Canada Offered to Negotiate: 2008/10/16
Band member enacted severalty land option pursuant to MLIB's adhesion to Treaty 8 in 1999/2000. Page 89 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Severalty - B8265M8-14-2-2 In Negotiations - Date Legal Opinion Signed: 2000/03/27 Active Negotiations - Canada Offered to Negotiate: 2008/10/16
Band member enacted severalty land option pursuant to MLIB's adhesion to Treaty 8 in 1999/2000.
Severalty - B8265M8-14-28 Settled - Canada Offered to Negotiate: 2006/04/25 Settled Through Negotiations - Settlement Signed by Canada: 2008/09/04
Band member enacted severalty land option pursuant to MLIB's adhesion to Treaty 8 in 1999/2000.
Severalty - B8265M8-14-3 Settled - Date Legal Opinion Signed: 2000/03/27 Settled Through Negotiations - Canada Offered to Negotiate: 2000/07/28 - Date Litigation Became Active : 2002/05/15 Band member enacted severalty land option - Settlement Signed by Claimant: 2003/06/26 pursuant to MLIB's adhesion to Treaty 8 in - Settlement Signed By Province: 2003/07/08 1999/2000. - Settlement Signed by Canada: 2003/11/24
Severalty - B8265M8-14-6 Settled - Date Legal Opinion Signed: 2000/03/27 Settled Through Negotiations - Canada Offered to Negotiate: 2000/07/28 - Settlement Signed by Canada: 2007/10/04 Band member enacted severalty land option pursuant to MLIB's adhesion to Treaty 8 in 1999/2000.
Severalty - B8265M8-14-7 In Negotiations - Date Legal Opinion Signed: 2000/03/27 Active Negotiations - Canada Offered to Negotiate: 2008/10/16
Band member enacted severalty land option pursuant to MLIB's adhesion to Treaty 8 in 1999/2000.
Severalty - B8265M8-14-7-1 In Negotiations - Date Legal Opinion Signed: 2000/03/27 Active Negotiations - Canada Offered to Negotiate: 2008/10/16 Page 90 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Band member enacted severalty land option pursuant to MLIB's adhesion to Treaty 8 in 1999/2000.
Severalty - B8265M8-14-7-2 In Negotiations - Date Legal Opinion Signed: 2000/03/27 Active Negotiations - Canada Offered to Negotiate: 2008/10/16
Band member enacted severalty land option pursuant to MLIB's adhesion to Treaty 8 in 1999/2000.
Severalty - B8265M8-14-9 Settled - Date Legal Opinion Signed: 2000/03/27 Settled Through Negotiations - Canada Offered to Negotiate: 2001/06/27 - Settlement Signed by Canada: 2007/10/04 Band member enacted severalty land option pursuant to MLIB's adhesion to Treaty 8 in 1999/2000.
Treaty Land Entitlement Settled - Research Start Date : 1993/03/27 Settled Through Negotiations - Date Legal Opinion Signed: 1993/07/30 - Canada Offered to Negotiate: 1993/08/27 Adherence to Treaty 8 and unfulfilled treaty land - Date Litigation Became Active : 1996/03/01 entitlement. - Settlement Signed by Claimant: 1999/11/17 - Settlement Signed By Province: 1999/12/17 - Settlement Signed by Canada: 2000/03/27
Metlakatla (BAND-673) 1906 Surrender Concluded - Research Start Date : 1996/05/13 No Lawful Obligation Found - Date Legal Opinion Signed: 2006/08/04 - Not Accepted for Negotiations: 2007/04/26 Alleged Government of Canada breached its fiduciary duty to the FN in the 1906 surrender of the southern half of IR#2 for sale to the GTP Railway.
1906 Surrender and Sale of Under Assessment - Date Claim Filed: 2009/06/03 Tsimpsen IR No. 2 to GTPR Justice Department Preparing Legal Opinion - Research Start Date : 2009/06/04
Alleges breach of fiduciary duty in the 1906 surrender of the southern half of IR 2 for sale to the Grand Trunk Pacific Railway. Page 91 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
BC Cut-Off Lands (SPLIT #07) Settled - Canada Offered to Negotiate: 1981/01/21 Settled Through Negotiations - Settlement Signed by Claimant: 2008/01/07 - Settlement Signed By Province: 2008/02/18 Alienation of reserve land arising from decisions - Settlement Signed by Canada: 2008/09/04 of the McKenna-McBride Commission in 1916.
Improper Survey of Cloyah IR 5 Under Assessment - Date Claim Filed: 2008/10/16 (1887) Legal Opinion Signed - Date Legal Opinion Signed: 2011/03/11
Failure to ensure that reserve allotment was properly surveyed resulting in loss of 40 acres.
Public Highway on Cloyah IR 5 Under Assessment - Date Claim Filed: 2008/10/16 (1933) Legal Opinion Signed - Date Legal Opinion Signed: 2011/03/22
Alleges failure to: 1) Compensate for land taken; 2) Obtain a surrender and compensation for timber taken; 3) Failure to minimally impair.
Showahtlans I.R. No. 4 Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/04/20
Alleged parts of Showahtlans I.R. No. 4 were improperly alienated in 1913.
Unwarranted Surrender of Under Assessment - Date Claim Filed: 2008/10/16 Cloyah IR 5 (1947) Legal Opinion Signed - Date Legal Opinion Signed: 2011/03/11
Alleges surrender of entire reserve was not required; received inadequate compensation and failed to receive entire proceeds from the sale.
Moricetown (BAND-530) Blunt Creek Road Right of Way Under Assessment - Date Claim Filed: 2011/03/02 Research - Research Start Date : 2011/03/03
Alleges illegal and improper expropriatin of reserve land for a forest service road and failure to obtain adequate compensation. Page 92 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Moricetown IR 2 - Grand Trunk Under Assessment - Date Claim Filed: 2008/10/16 Pacific CNR Legal Opinion Signed - Date Legal Opinion Signed: 2011/02/22
Alleges Canada breached fiduciary duty when it granted a R/W and status ground to GTP in 1909, as well, alleges breach of fiduciary duty when it allowed a pipeline easement on IR #2 in 1921.
Mount Currie (BAND-557) I. R. No. 6 Timber Lease Under Assessment - Date Claim Filed: 2008/10/16 Justice Department Preparing Legal Opinion
Alleged failure of the Federal Crown to meet its lawful obligation to the Band in the course of renewal of a timber lease on I.R. No. 6 beginning in 1924, and a reinstatement of that lease in 1933.
Lokla IR No. 4 ROW Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/06/01
Alleges that the granting of rights of way for railway and power line purposes over Lokla IR No. 4 was in breach of fiduciary and statutory duties, as well as the duty of care owed to the Mount Currie FN.
Long Point Blue Cross Settled - Date Claim Filed: 2008/10/16 Graveyards Settled Through Negotiations - Canada Offered to Negotiate: 2009/02/23 - Pending FN's BCR Accepting to Negotiate: 2009/02/25 Survey of the graveyard IR No. 9 in an incorrect - Claimant Agreed to Negotiate: 2009/03/26 location. - Settlement Signed by Claimant: 2011/01/04 - Settlement Signed by Canada: 2011/03/25
Nesuch IR 3 Accretions Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2010/04/01
Alleged failure to protect accreted land from alienation and to protect reserve land from flooding. Page 93 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Power Line Easements on IRs Under Assessment - Date Claim Filed: 2008/10/16 1-6-7 & 10 Legal Opinion Signed - Date Legal Opinion Signed: 2011/02/15
FN alleges improper taking of power line easements; failure to inform the Band; and inadequate compensation.
Railway Logging Spur Lines on Under Assessment - Date Claim Filed: 2008/10/16 IR 10 Legal Opinion Signed - Date Legal Opinion Signed: 2011/06/23
Alleges establishment of a spur line without prior authorization and inadequate compensation.
Road on Mount Currie IR 10 Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/04/26
Construction of a road on IR 10 without authorization.
Mowachaht/Muchalaht (BAND-630) Yuquot I.R. No. 1 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/07/14 - Not Accepted for Negotiations: 2009/12/01 FN alleges that the surveyor erred in surveying the FN's Reserve No. 1.
Musqueam (BAND-550) Capilano I.R. #5 -Bouillon Concluded - Date Litigation Became Active : 1991/03/31 Lands File Closed - File Closed: 2002/12/10
Alleged unextinguished rights to the Capilano I.R. #5, allotted to the Squamish FN, and should share in any settlement.
Nadleh Whuten (BAND-612) Page 94 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) GTPR Hospital on Nautley I.R. In Negotiations - Date Claim Filed: 2008/10/16 1 Inactive Negotiations - Date Legal Opinion Signed: 2010/04/12 - Canada Offered to Negotiate: 2011/05/16 The claim asserts an unauthorized trespass by - Negotiations Inactive: 2011/05/17 the Grand Trunk Pacific Railway on I.R. 1 in - Pending FN's BCR Accepting to Negotiate: 2011/05/18 1913-1914.
Lejac Hay Fields I.R. No. 4 Settled - Research Start Date : 1993/06/01 Settled Through Negotiations - Date Legal Opinion Signed: 1994/06/20 - Canada Offered to Negotiate: 1994/08/01 Alleged unlawful loss of income from hay fields on - Settlement Signed by Claimant: 1999/03/22 Seaspunket I.R. No. 5 between 1958 and 1969. - Settlement Signed by Canada: 1999/03/31
Lejac Residential School Concluded - Research Start Date : 1993/06/01 File Closed - Date Legal Opinion Signed: 1994/06/20 - Not Accepted for Negotiations: 1995/09/05 Alleged unlawful taking and use of reserve lands - Date of ISCC Process/Active: 2002/12/13 for the Lejac Residential School, with no - File Closed: 2010/02/11 compensation to the FN.
Seaspunket I.R. No. 4 Settled - Date Legal Opinion Signed: 1993/02/09 Settled Through Negotiations - Settlement Signed by Canada: 1994/03/25
Concerned terms and conditions of lease.
Nak'azdli (BAND-614) 1911 Barricade Agre. & Other - Research Start Date : 2001/06/04 Battleship Island Active Litigation - Date Litigation Became Active : 2008/11/20
Alleged breach of lawful obligation by Canada by failing to set aside Battleship Island as a fishing station reserve under the terms of the Fort St. James Barricade Agreement by 1911.
1911 Barricade Agre. & Pinchi Other - Research Start Date : 2001/07/02 Lake IR 10 Active Litigation - Date Litigation Became Active : 2008/11/20 Page 95 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Alleged breach of lawful obligation by Canada by failing to set aside Pinchi Lake I.R. 10, currently held by the Tl'azt'en First Nation, to the Nak'azdli FN.
Aht-len-jees I.R. No. 5 Concluded - Research Start Date : 1993/05/19 File Closed - Date of ISCC Process/Active: 1995/06/23 - Date Legal Opinion Signed: 1996/01/08 Alleged alienation of Aht-len-jees I.R. No. 5 in - Canada Offered to Negotiate: 2008/10/16 1923. - File Closed: 2008/10/17
Carp Lake Other - Research Start Date : 1998/08/25 Active Litigation - Date Litigation Became Active : 2008/11/20
Alleged that Indian Agent made a factual error in denying the Band's claim for a fishing station.
Church Site on Necoscie I.R. 1 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/08/09 Alleged breach of lawful obligation by Canada for - Not Accepted for Negotiations: 2011/03/14 failing to prevent the alienation of Necoscie I.R. 1 land as a church site.
Honeymoon Island-Stuart Lake Settled - Research Start Date : 1991/11/01 I.R. No.10 Settled Through Negotiations - Date Legal Opinion Signed: 1992/11/18 - Canada Offered to Negotiate: 1993/06/21 Alleges Canada breached its duty to the band by - Settlement Signed by Claimant: 1994/04/12 failing to set aside Honeymoon Island as Stuart - Settlement Signed by Canada: 1994/06/07 Lake I.R. No. 10 as set out in the McKenna-McBride Commission's final report.
Mission Lands Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2008/12/18 - Not Accepted for Negotiations: 2009/10/14 Page 96 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Alleged Mission Lands (District Lot 1266) are the traditional village site of the Nak'Azdli FN and should not have been alienated to a third party. FN also alleges that Canada has a fiduciary obligation to provide for the education and well-being of the FN's children.
RCLA - Tchentlo Lake IR No. Other - Research Start Date : 2008/08/06 11 Active Litigation - Date Litigation Became Active : 2008/11/20
Alleged unlawful alienation of Tchentlo Lake I.R. No. 11 and breach of Barricade "Treaty".
Sowchea IR #3 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2009/08/19 Alleged omission of 25 acres following the survey - Not Accepted for Negotiations: 2010/01/21 of Sowchea IR 3.
Namgis First Nation (BAND-631) Cheslakee I.R. No. 3 Settled - Research Start Date : 1987/10/21 Settled Through Negotiations - Date Legal Opinion Signed: 1993/08/19 - Canada Offered to Negotiate: 1994/03/01 Alleged unlawful expropriation of 12.38 acres of - Settlement Signed by Claimant: 1994/08/10 Cheslakee I.R. No. 3 for highway purposes. - Settlement Signed by Canada: 1994/09/16
Cormorant Island Concluded - Research Start Date : 1987/10/21 File Closed - Date Legal Opinion Signed: 1990/09/24 - Not Accepted for Negotiations: 1994/04/05 Alleged negligence by Canada in protecting - Date of ISCC Process/Active: 1994/11/17 Indian Reserve Commissioner's allotment of - File Closed: 2001/05/11 reserve land on Cormorant Island in 1882.
I.R. No. 1 Road Expropriation Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/08/17 - Not Accepted for Negotiations: 2010/01/21 Alleged one half acre of Namgis I.R. #1 was unlawfully taken for road purposes in 1934 and that the FN was never compensated for the loss of this land. Page 97 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
McKenna-McBride Application Concluded - Research Start Date : 1987/10/21 File Closed - Date Legal Opinion Signed: 1990/10/22 - Not Accepted for Negotiations: 1994/03/01 Alleged DIA failed to represent its interests in - Date of ISCC Process/Active: 1994/11/17 applying for additional lands to the - File Closed: 1999/12/09 McKenna-McBride Commission.
Nimpkish IR #2 - Cemetery Site Settled - Research Start Date : 1987/10/21 Road Right of Way Settled Through Negotiations - Date Legal Opinion Signed: 1990/09/24 - Canada Offered to Negotiate: 1991/02/08 Alleged unlawful expropriatioon of .25 acre of - Settlement Signed by Claimant: 1993/04/21 Nimpkish I.R. No. 2 (cemetery) for road - Settlement Signed By Province: 1993/04/26 right-of-way. - Settlement Signed by Canada: 1993/04/27
Nanoose First Nation (BAND-649) E & N Railway Right of Way Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2011/03/31 Alleges insufficient compensation for a railway taking.
Nanoose I.R. No. 1 Settled - Research Start Date : 1987/11/24 Settled Through Negotiations - Date Legal Opinion Signed: 1991/04/25 - Canada Offered to Negotiate: 1991/07/16 Alleged unlawful alienation of a portion of - Settlement Signed by Claimant: 1992/04/10 Nanoose I.R. No. 1 in 1933 and breach of - Settlement Signed by Canada: 1992/06/24 surrender provisions.
Pre-Confederation Reserve Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/03/31 Alleges a reserve was alloted to the FN in the - Not Accepted for Negotiations: 2010/12/03 colonial era (1863) and later unlawfully alienated.
Nazko (BAND-720) Page 98 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) BC Cut-Off Lands (SPLIT #08) Settled - Canada Offered to Negotiate: 1981/01/21 Settled Through Negotiations - Settlement Signed by Canada: 2000/02/22
Alienation of reserve land arising from decisions of the McKenna-McBride Commission in 1916.
Fishpot Lake Reserve Concluded - Date Claim Filed: 2008/10/16 Allotment No Lawful Obligation Found - Date Legal Opinion Signed: 2009/09/16 - Not Accepted for Negotiations: 2010/03/26 Alleges breach of fiduciary duty and duty of care in that Canada used the Nazko FN's interest in the Fishpot reserve as a negotiating tool with the province, resulting in a reduction of the reserve by Ditchburn-Clark.
IR 20 Nazko Road #59 Under Assessment - Date Claim Filed: 2009/10/08 Improper Taking Justice Department Preparing Legal Opinion - Research Start Date : 2009/10/09
Alleges failure to prevent or obtain compensation for repeated trespasses and illegal taking of reserve lands for road and hydro purposes by the Province since at least 1964.
Nee-Tahi-Buhn (BAND-726) Wrongful Amalgamation Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/10/15 - Not Accepted for Negotiations: 2011/02/10 Alleged it was wrongfully amalgamated with the Skin Tyee Maxim Lake, and Decker Lake FNs in 1960, and seeks compensation for loss of infrastructure and for other losses.
Nicomen (BAND-696) Illegal Preemption Concluded - Date Claim Filed: 2008/10/16 File Closed - Research Start Date : 2008/10/17 - File Closed: 2009/05/26 Alleged the land at the mouth of the Nicomen River was part of the traditional settlement of the Nicomen people and was unlawfully alienated to third parties. Page 99 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Lands Taken for Public Under Assessment - Date Claim Filed: 2008/10/16 Purposes Justice Department Preparing Legal Opinion
Failure to provide replacement reserve land for lands taken from Indian reserves for public rights-of-way.
Nicomen IR No 1 CPR In Negotiations - Date Claim Filed: 2008/10/16 Right-of-way Inactive Negotiations - Date Legal Opinion Signed: 2010/05/31 - Canada Offered to Negotiate: 2011/05/16 Alleged excessive right-of-way taken for CPR and - Negotiations Inactive: 2011/05/17 inadequate compensation with respect to - Pending FN's BCR Accepting to Negotiate: 2011/05/18 Nicomen I.R. No. 1.
Nicomen IR Nos 4-5-6-7-8-14 Under Assessment - Date Claim Filed: 2008/10/16 and 15 Justice Department Preparing Legal Opinion
Alleged excessive right-of-way taken and inadequate compensation paid for CNR rights-of-way through 7 reserves.
Preemption of Lot 13 Under Assessment - Date Claim Filed: 2011/05/04 Nlaka'pamux Settlement Research - Research Start Date : 2011/05/05
Alleges failure to reserve a village site at mouth of the Nicoamen River and failure to challenge subsequent preemption by way of Crown Grant of Lot 13.
Reserved Fishery Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/03/17 - Not Accepted for Negotiations: 2010/10/22 The FN alleges that Canada failed to protect the FN's access to a fishery that runs along both sides of the Thompson River through IR #'s 7 and 8 and was reserved in 1878 by Indian Reserve Commissioner. Page 100 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Sackum IR No 3 and Gulada IR Under Assessment - Date Claim Filed: 2008/10/16 No 3A Legal Opinion Signed - Date Legal Opinion Signed: 2011/05/10
Alleged excessive width taken and inadequate compensation paid for CPR right-of-way taken through Sackum I.R. No. 3 and Gulada I.R. No. 3A
Water Rights & Supply on Concluded - Date Claim Filed: 2008/10/16 Nicomen IR No 1 File Closed - File Closed: 2009/05/26
Alleges a failure to adequately allot, protect and preserve water rights sufficient for the purposes for which the Reserve was set aside.
Nisga'a Village of Gingolx (BAND-671) BC Cut-Off Lands (SPLIT #09) Settled - Canada Offered to Negotiate: 1981/01/21 Settled Through Negotiations - Settlement Signed by Claimant: 1987/05/29 - Settlement Signed By Province: 1987/07/09 Alienation of reserve land arising from decisions - Settlement Signed by Canada: 1988/02/12 of the McKenna-McBride Commission in 1916.
Nisga'a Village of Laxgalt'sap (BAND-678) Dogfish Bay IR 42 & Pearse Concluded - Date Legal Opinion Signed: 2001/04/27 Island IR 43 (SPLIT #01) - No Lawful Obligation Found - Not Accepted for Negotiations: 2001/10/31 Dogfish Bay (Band also known as: Laxga'lts'ap FN) Alleged failure to record I.R.'s 42 and 43 as jointly owned by the Lakalsap Band and the Kincolith Band, resulting in the loss of timber revenues to the Lakalzap Band.
Dogfish Bay IR 42 & Pearse Settled - Date Legal Opinion Signed: 2001/04/27 Island IR 43 (SPLIT #02) - Settled Through Negotiations - Canada Offered to Negotiate: 2001/10/19 Pearse Island - Settlement Signed by Claimant: 2004/09/23 (Band also known as: Laxga'lts'ap FN) Alleged - Settlement Signed by Canada: 2005/01/21 failure to record I.R.'s 42 and 43 as jointly owned by the Lakalsap Band and the Kincolith Band, resulting in the loss of timber revenues to the Lakalzap Band.
Nisga'a Village of New Aiyansh (BAND-677) Page 101 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) 19 Reserves Settled - Research Start Date : 1998/02/21 Settled Through Negotiations - Date Legal Opinion Signed: 1999/01/04 - Settlement Signed by Claimant: 1999/05/28 (Previous Band name: Gitlakdamix FN) Canada's - Settlement Signed by Canada: 1999/11/17 failure to set aside 19 (5 acre) reserves allotted to the FN in 1916, resulted in the FN being deprived of the use, benefit and enjoyment of the reserves for over 80 years.
Trespass IR No. 1 Concluded - Research Start Date : 1998/12/11 No Lawful Obligation Found - Date Legal Opinion Signed: 2006/12/18 - Not Accepted for Negotiations: 2007/07/23 (Previous Band name: Gitlakdamix FN) Band alleges Canada breached its fiduciary duty by failing to keep an accurate record of the boundaries of I.R. No. 1, which in turn, led to a conflict with the Province's Ministry of forestry, trespass charges, and a financial loss to the band.
N'Quatqua (BAND-556) District Lot 100 Concluded - Research Start Date : 1991/03/01 No Lawful Obligation Found - Date Legal Opinion Signed: 1993/10/06 - Not Accepted for Negotiations: 1995/09/05 (Also known as Anderson Lake FN and In-SHUCK-ch Council). The FN alleged breach of duty related to alienation of the settlement lands in the 1860s (District Lot 100).
Graveyard Concluded - Research Start Date : 1991/03/01 File Closed - Date Legal Opinion Signed: 1994/10/19 - Canada Offered to Negotiate: 2008/10/16 Claim separated from District Lot 100 claim. - File Closed: 2010/04/07 Alienation of a FN graveyard.
Lot 100 - Alienation of Under Assessment - Date Claim Filed: 2010/09/01 Settlement Lands and Research - Research Start Date : 2010/09/02 Graveyard Alleges breach of duty related to alienation of settlement lands in the 1860s (Lot 100), and unlawful alienation of a graveyard allotted by O'Reilly. Page 102 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Okanagan (BAND-616) Alienation of Arrow Lake Concluded - Date Claim Filed: 2008/10/16 Reserve No Lawful Obligation Found - Date Legal Opinion Signed: 2010/06/25 - Not Accepted for Negotiations: 2010/12/03 Alleged failure by Canada to complete the amalgamation of the Arrow Lake and Okanagan Lake Indian bands resulting in the reversion of the Arrow Lake reserve to the province of British Columbia.
BC Cut-Off Lands (SPLIT #10) Settled - Date Litigation Became Active : 1981/01/21 Settled Through Negotiations - Settlement Signed by Claimant: 1983/10/24 - Settlement Signed By Province: 1983/10/25 Alienation of reserve land arising from decisions - Settlement Signed by Canada: 1984/03/16 of the McKenna-McBride Commission in 1916.
Colonial Reserve - Okanagan Under Assessment - Date Claim Filed: 2008/10/16 IR 1 Legal Opinion Signed - Date Legal Opinion Signed: 2011/06/16
Alleged unlawful alienation of Okanagan IR 1 land in 1865.
Commonage Concluded - Research Start Date : 1990/06/01 File Closed - Date Litigation Became Active : 2000/08/31 - Canada Offered to Negotiate: 2000/09/01 This claim involves the alienation of the North - Date Legal Opinion Signed: 2007/03/07 Okanagan Commonage, which the Joint Indian - File Closed: 2008/01/29 Reserve Commission allotted for the joint use of the Okanagan Indians and non-Indian settlers.
Duck Lake IR #7 - Highway 97 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/07/12 - Not Accepted for Negotiations: 2011/02/04 FN Alleges that lands taken for the establishment of Highway 97 was illegal; that Canada had a duty of care to ensure relevant sections of the Indian Act were followed; that adequate compensation was paid and a fiduciary duty to safeguard the Band's interest in IR #7. Page 103 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Gas Pipeline Easement on IRs Under Assessment - Date Claim Filed: 2010/12/01 1 & 7 Research - Research Start Date : 2010/12/02
Alleges breach of fiduciary duties and duty of care by granting easements to the Inland Natural Gas Company over IRs 1 and 7 in 1957 and 1969.
Harris IR No. 3 Road Under Assessment - Date Claim Filed: 2010/04/07 Justice Department Preparing Legal Opinion - Research Start Date : 2010/04/08
Alleges that Canada breached its lawful obligation associated with the construction of roads on Harris IR No. 3 and with the transfer of reserve land.
Okanagan I.R. No. 1 Boundary Settled - Research Start Date : 1986/03/17 Settled Through Negotiations - Date Legal Opinion Signed: 1990/08/08 - Canada Offered to Negotiate: 1993/03/02 Alleged 1,540 hectares of Okanagan I.R. No. 1, as - Settlement Signed by Canada: 2002/07/16 allotted by the Joint Reserve Commission in 1877, were illegally omitted from the reserve in 1880.
Priest's Valley IR 6 Road Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/11/20
Alleges failure to prevent trespass of SW corner of IR 6 in 1911 and failure to regain possession of it in 1922, 1934, 1967 and 1984. Alleges illegal use and occupation of reserve lands pursuant to BC OiC 1036 in the establishment and improvements to Lakeshore Road.
West Side Road Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/12/16 - Not Accepted for Negotiations: 2010/07/16 Province of British Columbia illegally acquired land on Okanagan IR for the Westside Road.
OKANAGAN NATION ALLIANCE (TC-1016) Page 104 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Spotted Lake Concluded - Research Start Date : 2000/11/01 Resolved Through Administrative Remedy - Date Referred for Admin. Remedy : 2001/05/04
Alleged that Canada has a lawful obligation to the Okanagan Nation to contribute money to the purchase of Spotted Lake so that it can be protected as a reserve land within the meaning of the Indian Act.
Oregon Jack Creek (BAND-692) CNR R/W on Oregon Jack In Negotiations - Date Claim Filed: 2008/10/16 Creek IR 5 Inactive Negotiations - Date Legal Opinion Signed: 2010/11/04 - Canada Offered to Negotiate: 2011/05/13 The FN alleges unlawful expropriation and - Negotiations Inactive: 2011/05/14 inadequate compensation for CNR R/W on IR 5. - Pending FN's BCR Accepting to Negotiate: 2011/05/15
IRs 3 & 5 - Water Rights Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2009/05/26
Alleged water rights on Oregon Jack Creek IRs Number 3 and 5 were unlawfully alienated.
Nepa I.R. No. 4 Settled - Research Start Date : 1991/03/01 Settled Through Negotiations - Date Legal Opinion Signed: 1995/09/11 - Canada Offered to Negotiate: 1995/10/28 Alleged unlawful surrender and sale of Nepa I.R. - Settlement Signed by Claimant: 2007/03/02 No. 4. - Settlement Signed by Canada: 2007/03/21
NTE'KUM Settlement Lands Concluded - Date Claim Filed: 2008/10/16 File Closed - Research Start Date : 2008/10/17 - File Closed: 2009/05/26 Alleged Lots 788, 789, 17, 18 and 375 were part of the traditional Nte'Kum Indian Village/settlement and should not have been alienated. Page 105 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Water Rights on Nepa IR Nos. Concluded - Date Claim Filed: 2008/10/16 6 and 7 File Closed - File Closed: 2009/05/26
Alleges an inadequate water supply, loss of water rights, and water easement through both Reserves without consent or compensation.
Osoyoos (BAND-596) BC Cut-Off Lands (SPLIT #11) Settled - Canada Offered to Negotiate: 1981/01/21 Settled Through Negotiations - Settlement Signed by Canada: 1982/11/01
Alienation of reserve land arising from decisions of the McKenna-McBride Commission in 1916.
Canal Right of Way Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/11/30 Band argues that the taking of land for an - Not Accepted for Negotiations: 2011/05/20 irrigation canal was done without authority under the Indian Act.
Kettle Valley Railway R/W Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/10/14 - Not Accepted for Negotiations: 2011/02/16 Band argues that land taken by the Kettle Valley Railway in 1922 should have reverted to the Band in 1981.
Lot 58 Settled - Research Start Date : 1985/09/03 Settled Through Negotiations - Date Legal Opinion Signed: 1996/09/06 - Canada Offered to Negotiate: 1998/07/24 Alleged loss of access to 8.5 acres of reserve due - Settlement Signed by Claimant: 2007/03/28 to expropriation for river channel. - Settlement Signed by Canada: 2007/04/23
Osoyoos I.R. No. 1 and Zosel Settled - Research Start Date : 1991/01/11 Dam Settled Through Negotiations - Date Legal Opinion Signed: 1991/06/26 - Canada Offered to Negotiate: 1991/09/05 Alleged flooding of parts of Osoyoos I.R. No. 1 - Settlement Signed by Canada: 1992/03/23 due to the Zosel Dam, which raised the level of Osoyoos Lake. Page 106 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Osoyoos I.R. No. 1 Haynes Settled - Research Start Date : 1985/09/03 Settled Through Negotiations - Date Legal Opinion Signed: 1987/03/31 - Canada Offered to Negotiate: 1987/12/22 Alleged portion of I.R. No. 1 allotted by the Joint - Settlement Signed by Canada: 1997/12/12 Reserve Commission in 1877 was unlawfully alienated from the FN without surrender.
Oweekeno/Wuikinuxv Nation (BAND-541) Logging Roads over Katit IR Under Assessment - Date Claim Filed: 2008/10/16 No. 1 Legal Opinion Signed - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2011/01/12 Unlawful construction of logging roads on Katit I.R. 1 and failure to compensate band.
Pacheedaht First Nation (BAND-658) San Juan Settlement Settled - Research Start Date : 1994/03/01 Settled Through Negotiations - Date Legal Opinion Signed: 1996/01/26 - Canada Offered to Negotiate: 1996/04/22 Alleged lands were part of its traditional village - Settlement Signed by Claimant: 2001/04/28 site and grave site and should have been - Settlement Signed By Province: 2002/01/31 reserved. - Settlement Signed by Canada: 2002/12/02
Pauquachin (BAND-652) Cole Bay I.R. No. 3 Road Right Under Assessment - Date Claim Filed: 2008/10/16 of Way Justice Department Preparing Legal Opinion
Alleged improper taking of road right-of-way and inadequate compensation for land taken on Cole Bay I.R. No. 3.
Hatch Point I. R. #12 In Negotiations - Date Claim Filed: 2008/10/16 Active Negotiations - Date Legal Opinion Signed: 2009/01/11 - Canada Offered to Negotiate: 2009/12/01 Alleged survey error of Joint Reserve Commission - Pending FN's BCR Accepting to Negotiate: 2009/12/02 Minute of Decision resulting in the loss of 55 - Claimant Agreed to Negotiate: 2010/01/15 acres from Hatch Point I.R. 12. Page 107 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Road RoW Through Hatch Under Assessment - Date Claim Filed: 2009/10/08 Point IR 12 Justice Department Preparing Legal Opinion - Research Start Date : 2009/10/09
Alleges breach of lawful obligation with respect to a purported 1.05 acres Road Right of Way on Hatch point IR 12.
Penelakut (BAND-650) Alienation of Tsussie Colonial Under Assessment - Date Claim Filed: 2009/05/06 Reserve Lands Justice Department Preparing Legal Opinion - Research Start Date : 2009/05/07
Alleges alienation of the Tsussie Colonial Reserve within the Chemainus District of Vancouver Island in the 1860's.
Interest on Timber Royalties Settled - Research Start Date : 1998/01/05 Settled Through Negotiations - Date Legal Opinion Signed: 2007/10/17 - Pending FN's BCR Accepting to Negotiate: 2008/02/13 Alleged Canada failed to pay interest on FN funds - Claimant Agreed to Negotiate: 2008/04/15 which had been misappropriated by the Indian - Canada Offered to Negotiate: 2008/10/16 agent and reimbursed 5 years later. - Settlement Signed by Claimant: 2009/07/28 - Settlement Signed by Canada: 2009/10/28
Kuper Island Claim - Conn Concluded - Date Claim Filed: 2008/10/16 Alienation No Lawful Obligation Found - Date Legal Opinion Signed: 2009/07/13 - Not Accepted for Negotiations: 2009/12/21 The FN alleges that 100 acres of land on Kuper Island, occupied by Indians, was alienated in 1870.
Penticton (BAND-597) BC Cut-Off Lands (SPLIT #12) Settled - Canada Offered to Negotiate: 1981/01/21 Settled Through Negotiations - Settlement Signed by Claimant: 1982/02/10 - Settlement Signed By Province: 1982/02/11 Alienation of reserve land arising from decisions - Settlement Signed by Canada: 1982/02/12 of the McKenna-McBride Commission in 1916. Page 108 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Commonage Concluded - Research Start Date : 1988/03/01 File Closed - File Closed: 1993/12/20
Alleged unlawful alienation of lands reserved as commonage lands for Indians and white settlers.
Kruger: CPR - Airport and Concluded - Research Start Date : 1977/01/02 Flood Control Highway ROW Resolved Through Administrative Remedy - Date Referred for Admin. Remedy : 1978/04/14
The Band alleges; an excessive amount of reserve land was taken for flood control, land taken for the CPR right of way and the Penticton Airport were illegally taken, and that Canada breached its fiduciary duty to the band by failing to ensure lands taken for the CPR Right of way were returned when no longer needed.
Timber Reserve Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/10/08 - Not Accepted for Negotiations: 2011/03/14 Alleged unlawful creation of a part of I.R. No. 2.
Peters (BAND-586) Railway Expropriation - IR Nos Concluded - Research Start Date : 1991/11/12 1 & 1A File Closed - File Closed: 1995/05/31
Alleged breach of fiduciary obligation by the federal government: failure to obtain the FN's consent regarding CNPR right-of-way and inadequate compensation.
Popkum (BAND-585) IR 1 CNPR Right of Way Under Assessment - Date Claim Filed: 2009/11/12 Justice Department Preparing Legal Opinion - Research Start Date : 2009/11/13
Alleges a breach of statutory and fiduciary duties when land from IR 1 was used by CNPR in 1910. Page 109 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Seabird Island Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/04/01 - Not Accepted for Negotiations: 2009/10/30 Alleges dispossession of their reserve interests in the Seabird Island reserve which they held in common with seven other bands.
Prophet River First Nation (BAND-544) BC Trapline Registration Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/10/21
Alleged failure by Canada to protect traplines in light of BC Trapline Registration process.
Commercial Hunting, Fishing & Concluded - Date Litigation Became Active : 2003/12/10 Trapping Rights File Closed - Research Start Date : 2006/01/11 - File Closed: 2008/06/26 Alleged failure by Canada to protect Treaty 8 hunting, fishing, and trapping rights from restrictions imposed by provincial regulations.
Oil & Gas / Separation From Concluded - Research Start Date : 1995/09/04 Fort Nelson Band File Closed - Date Litigation Became Active : 2004/02/12 - File Closed: 2008/07/02 Alleged inequitable division of land and assets when the prophet River FN separated from the Ft. Nelson FN.
Treaty 8 Agricultural Benefits Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/12/24
Alleges that the Crown has neither extinguished nor performed its obligations to the First Nation pursuant to the agricultural benefits of Treaty No. 8. Page 110 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Treaty Land Entitlement Concluded - Research Start Date : 2002/06/03 File Closed - Date Litigation Became Active : 2004/02/12 - File Closed: 2008/07/02 Alleges an insufficient quantity of reserve land set aside pursuant to the terms of Treaty 8.
Qualicum First Nation (BAND-651) I.R. 1 Boundary Settled - Research Start Date : 1997/06/01 Settled Through Negotiations - Date Legal Opinion Signed: 2000/04/19 - Settlement Signed by Claimant: 2008/05/15 Alleged unlawful alienation of part of Qualicum - Canada Offered to Negotiate: 2008/10/16 I.R. #1 caused by survey error. - Settlement Signed by Canada: 2008/11/20
Quatsino (BAND-633) BC Cut-Off Lands (SPLIT #13) Settled - Canada Offered to Negotiate: 1981/01/21 Settled Through Negotiations - Date Legal Opinion Signed: 1984/02/24 - Settlement Signed by Claimant: 1989/06/26 Alienation of reserve land arising from decisions - Settlement Signed By Province: 1989/07/04 of the McKenna-McBride Commission in 1916. - Settlement Signed by Canada: 1990/04/03
Surrender of I.R. No. 10 Concluded - Date Claim Filed: 2008/10/16 (Surrender Project) No Lawful Obligation Found - Not Accepted for Negotiations: 2009/09/09
Alleges that an improper surrender vote of I.R. No. 10 led to a financially inadequate exchange of land.
Saanich First Nations (ASSCTN) Goldstream - IR#13 In Negotiations - Research Start Date : 1995/12/15 Active Negotiations - Date Legal Opinion Signed: 2008/01/09 - Pending FN's BCR Accepting to Negotiate: 2008/07/09 Claim submitted by Malahat, Tsartlip, Tsawout, - Canada Offered to Negotiate: 2008/10/16 Tseycum and Pauquachin FNs (the Saanich - Claimant Agreed to Negotiate: 2008/10/27 Indian FNs). Alleged 10 acres of the reserve, as defined in the Reserve Commission Minute of Decision, has been unlawfully alienated as a result of a survey error in 1962.
Saik'uz First Nation (BAND-615) Page 111 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Cluculz Lake Fishing Station Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/06/01 The FN alleges failure by Canada to set aside Cluculz Lake fishing station as an Indian Reserve.
Hydro Line on I.R. 3 Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/09/21 Improper taking of I.R. 3 lands for Hydro R/W without compensation.
IR # 1 Boundary Concluded - Research Start Date : 1997/03/17 No Lawful Obligation Found - Date Legal Opinion Signed: 2001/07/26 - Not Accepted for Negotiations: 2002/05/27 Alleged 570 acres of the bed of Tachic Lake was lawfully allotted to the Sai'kuz FN as part of Stoney Creek I.R. #1, but was unlawfully alienated from the reserve by survey error.
Noonla Indian Reserve #6 Under Assessment - Date Claim Filed: 2008/10/16 Reduction Legal Opinion Signed - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/12/22 Alleged alienation of 15 acres from Noonla I. R. 6 due to survey error in 1893. Also, alleged improper expropriation, and payment of inadequate compensation, for GTP railway right of way in 1913.
Sinkut Lake I.R. 8 Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/06/02 Reduction of Sinkut Lake I.R. 8 by 5 acres, established as a new reserve by the McKenna-McBride Commission.
Samahquam (BAND-567) Page 112 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Failure to set aside Settled - Date Claim Filed: 2008/10/16 Challetkohum IR Nos. 5 and 9 Settled Through Negotiations - Canada Offered to Negotiate: 2009/02/19 - Pending FN's BCR Accepting to Negotiate: 2009/02/21 Allotment of the Challetkohum IR # 5 and 9 to the - Claimant Agreed to Negotiate: 2009/03/20 Mount Currie First Nation. - Settlement Signed by Claimant: 2010/11/20 - Settlement Signed by Canada: 2011/03/23
Saulteau First Nations (BAND-542) BC Trapline Registration Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/10/21
Alleged failure by Canada to protect traplines in light of BC Trapline Registration process.
Commercial Hunting, Fishing & Concluded - Date Litigation Became Active : 2003/12/10 Trapping Rights File Closed - Research Start Date : 2006/01/11 - File Closed: 2008/06/26 Alleged failure by Canada to protect Treaty 8 hunting, fishing and trapping rights from restrictions imposed by provincial regulations.
East Moberly I.R. No. 169 Settled - Research Start Date : 1991/05/28 Settled Through Negotiations - Date Legal Opinion Signed: 1991/06/07 - Canada Offered to Negotiate: 1991/08/06 Alleged improper procedure and compensation for - Settlement Signed by Canada: 1992/01/06 highway through East Moberly I.R. No. 169.
East Moberly I.R. No. 169 - Concluded - Date Claim Filed: 2008/10/16 Hydro Line No Lawful Obligation Found - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2009/08/27 Alleged improper procedure and compensation for - Not Accepted for Negotiations: 2010/02/01 lands taken for hydro transmission line.
Lands in severalty Concluded - Research Start Date : 1998/04/15 File Closed - Date of ISCC Process/Active: 2003/11/28 - File Closed: 2006/01/11 Alleged failure to fulfill the land in severalty provisions of Treaty 8. Page 113 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Misuse of Band Funds for Under Assessment - Date Claim Filed: 2009/10/08 Agricultural Development Legal Opinion Signed - Research Start Date : 2009/10/09 - Date Legal Opinion Signed: 2010/02/23 Alleges that Canada spent the FN's funds for agricultural development despite the fact that the Crown has an outstanding obligation to provide economic benefits related to agricultural provisions under Treaty 8.
Treaty 8 Agricultural Benefits Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2010/02/23
Alleges that the Crown has neither extinguished nor performed its obligations to the First Nation pursuant to the agricultural benefits of Treaty No. 8.
Treaty 8 Treaty Land In Negotiations - Research Start Date : 1998/04/15 Entitlement Active Negotiations - Date of ISCC Process/Active: 2003/11/28 - Date Litigation Became Active : 2006/05/22 Unfulfilled treaty land entitlement pursuant to - Pending FN's BCR Accepting to Negotiate: 2006/05/24 Treaty No. 8. - Claimant Agreed to Negotiate: 2006/08/02 - Canada Offered to Negotiate: 2008/10/16
Scowlitz (BAND-568) I.R. No. 1 Surrender of 354 Concluded - Date Claim Filed: 2008/10/16 Acres File Closed - Canada Offered to Negotiate: 2009/04/14 - Negotiations Inactive: 2009/04/15 Alleges that Canada should not have sold the - Pending FN's BCR Accepting to Negotiate: 2009/04/16 surrendered land. - File Closed: 2010/02/15
Lease & Sale of 1.6 Acres and Under Assessment - Date Claim Filed: 2009/07/08 Pole Line Permit over IR 3 Justice Department Preparing Legal Opinion - Research Start Date : 2009/07/09
Alleges breaches related to the 1931 lease of 1.6 acres on Squawkum IR 3; the sale of the 1.6 acres in 1946; and a permit for a pole line right of way issued in 1937. Page 114 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Logging on Squawkum Creek Under Assessment - Date Claim Filed: 2008/10/16 IR 3 Justice Department Preparing Legal Opinion
Improper process in the taking of timber from the reserve and inadequate compensation.
Scowlitz I.R. No. 1 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/07/28 - Not Accepted for Negotiations: 2011/03/14 Alleged improper expropriation of land on I.R. No. 1 for the CPR
Scowlitz IR 1 Roads Under Assessment - Date Claim Filed: 2009/10/08 Justice Department Preparing Legal Opinion - Research Start Date : 2009/10/09
Alleges that roads through the reserve were not legally established.
Squawkum IR 3 Roads Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/12/21
The FN alleges that lands were illegally taken from its IR No. 3 for road purposes.
Seabird Island (BAND-581) Lougheed Highway ROW Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2011/06/20 Improper taking of Seabird Island reserve land for the Lougheed Highway.
Wahleach Road Right of Way Under Assessment - Date Claim Filed: 2008/10/16 Justice Department Preparing Legal Opinion - Research Start Date : 2008/10/17
Unlawful road taking on Seabird Island Reserve, and failure to compensate band.
Sechelt (BAND-551) Page 115 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Additional Reserves Settled - Canada Offered to Negotiate: 1991/10/01 Settled Through Negotiations - Date Legal Opinion Signed: 1991/10/08 - Settlement Signed by Claimant: 1991/12/18 Alleged negligence by DIAND resulting in the FN - Settlement Signed by Canada: 1992/01/01 not receiving 10 additional reserves.
CokQueNeets Settled - Canada Offered to Negotiate: 1991/10/01 Settled Through Negotiations - Date Legal Opinion Signed: 1991/10/08 - Settlement Signed by Canada: 1992/01/01 Alleged Canada failed to take action to prevent the loss of 20 acres of land intended to be part of CokQueNeets I.R. No. 23.
Preemption Settled - Date Legal Opinion Signed: 1990/11/21 Settled Through Negotiations - Canada Offered to Negotiate: 1991/10/01 - Settlement Signed by Claimant: 1991/12/18 Alleged Canada failed to take action to prevent a - Settlement Signed by Canada: 1992/01/01 preemption of 70 acres of provincially owned lands which included a village site of the Sechelt FN.
Right of Way Settled - Not Accepted for Negotiations: 1988/12/14 Settled Through Negotiations - Date Legal Opinion Signed: 1990/10/08 - Canada Offered to Negotiate: 1991/10/01 Alleged Sechelt I.R. No. 2 lands were illegally - Settlement Signed by Canada: 1992/01/01 taken for highway right-of-way purposes in 1929.
Timber Leases Settled - Date Legal Opinion Signed: 1991/08/23 Settled Through Negotiations - Canada Offered to Negotiate: 1991/10/01 - Settlement Signed by Claimant: 1991/12/18 Alleged negligence by DIAND which caused it to - Settlement Signed by Canada: 1992/01/01 not receive 2 timber leases.
Trail Island Settled - Canada Offered to Negotiate: 1991/10/01 Settled Through Negotiations - Date Legal Opinion Signed: 1991/10/08 - Settlement Signed by Claimant: 1991/12/18 Alleged Canada failed to obtain additional land at - Settlement Signed by Canada: 1992/01/01 Trail Island for the FN. Page 116 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Tsonai Reserve Settled - Canada Offered to Negotiate: 1991/10/01 Settled Through Negotiations - Date Legal Opinion Signed: 1991/10/08 - Settlement Signed by Claimant: 1991/12/18 Alleged improper surrender and lease of 304 - Settlement Signed by Canada: 1992/01/01 acres of Tsonai I.R. No. 15 in 1891 for the purpose of establishing a rock quarry.
Seton Lake (BAND-595) BC Cut-Off Lands (SPLIT #14) Settled - Canada Offered to Negotiate: 1981/01/21 Settled Through Negotiations - Settlement Signed by Claimant: 2007/11/13 - Settlement Signed By Province: 2007/12/11 Alienation of reserve land arising from decisions - Settlement Signed by Canada: 2008/03/13 of the McKenna-McBride Commission in 1916.
Shackan (BAND-698) Road Right of Way Through IR Under Assessment - Date Claim Filed: 2008/10/16 11 Legal Opinion Signed - Date Legal Opinion Signed: 2011/05/02
Alleges unlawful widening of highway 8 through IR #11 without compensation.
Shuswap (BAND-605) CPR Right of Way IR # 1 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/06/29 - Not Accepted for Negotiations: 2011/05/17 Alleged Canada breached its lawful obligations to the FN in the alienation of 23.75 acres of the Shuswap reserve for railway purposes in 1914. Also alleges inadequate compensation.
Grazing Lands Concluded - Research Start Date : 1995/07/11 File Closed - Date Legal Opinion Signed: 1999/09/01 - Not Accepted for Negotiations: 1999/12/16 Alleged 1940 acres of land, recommended as an - Date of ISCC Process/Active: 2007/09/25 addition to the FN's reserver by the - File Closed: 2009/01/30 McKenna-McBride Commission should have been confirmed as reserve lands.
Shxwhá:y Village (BAND-570) Page 117 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Dyke & Road Right-of-Way on Settled - Research Start Date : 2000/04/01 Skway IR # 5 Settled Through Negotiations - Date Legal Opinion Signed: 2002/09/16 - Canada Offered to Negotiate: 2008/10/16 (Band previous name: Aka Skway) In 1949, - Settlement Signed by Canada: 2009/05/27 without the proper consent of the Band, the Fraser Valley Dyking Board built a dyke and dyke top road across Skway I.R. No. 5.
Simpcw First Nation (BAND-691) Loss of Reserve Land at Tete Concluded - Date Claim Filed: 2008/10/16 Jaune cache No Lawful Obligation Found - Date Legal Opinion Signed: 2009/01/06 - Not Accepted for Negotiations: 2009/08/06 (Band previous name: North Thompson). The FN alleges failure to set aside Indian reserve land at Tête Jaune Cache.
Siska (BAND-706) CNR R/W Across Siska I.R. 5A In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/11/25 Alleged improper taking of reserve land for CNR - Canada Offered to Negotiate: 2011/05/25 R/W and inadequate compensation. - Negotiations Inactive: 2011/05/26 - Pending FN's BCR Accepting to Negotiate: 2011/05/27
Kupchynalth Concluded - Research Start Date : 1996/04/29 No Lawful Obligation Found - Date Legal Opinion Signed: 2007/06/27 - Not Accepted for Negotiations: 2008/07/11 Alleged 3 acre parcel of land was lawfully allotted by Reserve Commissioner Sproat as a reserve for the FN, and unlawfully omitted from later reserve lists due to a surveyer's error.
Nahamanak I.R. No. 7 In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Date Legal Opinion Signed: 2008/11/25 - Canada Offered to Negotiate: 2011/05/11 Alleged excessive right-of-way taken for CPR and - Negotiations Inactive: 2011/05/12 inadequate compensation with respect to - Pending FN's BCR Accepting to Negotiate: 2011/05/13 Nahamanak No. 7. Page 118 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Siska I.R. No. 5A Settled - Research Start Date : 1990/06/09 Settled Through Negotiations - Date Legal Opinion Signed: 1991/11/15 - Canada Offered to Negotiate: 1996/07/18 Concerned lease and subsequent sale, in 1955, of - Settlement Signed by Claimant: 1998/06/28 42 acres of Siska I.R. No. 5A. - Settlement Signed by Canada: 1998/09/03
Zacht IR No. 5 In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Date Legal Opinion Signed: 2008/12/15 - Canada Offered to Negotiate: 2011/05/11 Alleged inadequate compensation of lands taken; - Negotiations Inactive: 2011/05/12 no compensation for alienation of fishing station - Pending FN's BCR Accepting to Negotiate: 2011/05/13 and subsequent damage to fishery; excess width taken re: CPR right-of-way across Zacht I.R. No. 5.
Skeetchestn (BAND-687) Deadman's Creek CNR / Settled - Date Legal Opinion Signed: 1992/04/24 Smith-Curtis Settled Through Negotiations - Canada Offered to Negotiate: 1992/10/28 - Settlement Signed by Claimant: 2007/02/28 Presented by the Alliance of Tribal Councils. - Settlement Signed by Canada: 2007/03/21 Alleged improper alienation of land for Deadman's Creek I.R. for CNR right-of-way. Improper handling of Smith/Curtis Lease.
Deadman's Creek I.R. - Settled - Research Start Date : 1990/07/10 Alienation Settled Through Negotiations - Date Legal Opinion Signed: 1992/04/24 - Canada Offered to Negotiate: 1992/11/12 Alleged loss of 240 acres of a 1877 reserve - Settlement Signed by Claimant: 1995/02/27 allotment by the Joint Indian Reserve - Settlement Signed by Canada: 1995/03/13 Commission.
Hihium Lake IR 6 Under Assessment - Date Claim Filed: 2011/06/01 Research - Research Start Date : 2011/06/02
Alleges Canada failed to include the Skeetchestn Band as one of the beneficiaries in the Hihium Lake IR 6. Page 119 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Merryfield Cattle Company Concluded - Date Referred for Admin. Remedy : 1987/05/14 Lease File Closed - Date Litigation Became Active : 2000/04/25 - File Closed: 2001/06/20 Alleged DIA inaction on lease.
Savona Roads Under Assessment - Date Claim Filed: 2008/10/16 Justice Department Preparing Legal Opinion
Alleges that Canada failed to obtain compensation for the FN when reserve lands were transfered to the province for highway purposes.
Skuppah (BAND-707) Lands Taken for Public Under Assessment - Date Claim Filed: 2008/10/16 Purposes Legal Opinion Signed - Date Legal Opinion Signed: 2011/02/18
Canada's alleged failure to provide replacement reserve lands for railway and highway and transmission lines right of way in order to minimally impair the Band's reserve land base.
Road Right of Way - Trans Under Assessment - Date Claim Filed: 2009/05/06 Provincial Highway Justice Department Preparing Legal Opinion - Research Start Date : 2009/05/07
Alleges Canada owes outstanding lawful obligations to the Band with respect to roads taken for the construction of the Trans Provincial Highway in 1926-27 without compensation.
Skuppah IR No. 2 and 2A Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/10/06
Presented by the Alliance of Tribal Councils. Alleged improper alienation of land from Skuppah I.R. No. 2 and 2A for CPR right-of-way. Page 120 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Skuppah IR No. 2 and 4 Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/06/15
Alleged excessive right-of-way taken for CPR and inadequate compensation.
Water Rights IRs 1- 2- 2A and 4 Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2009/05/26
Alleged water rights for the Skuppah Indian Band's I.R.s 1, 2, 2A, and 4 have been unlawfully alienated.
Sliammon (BAND-554) IR #1-Leases-Southview Concluded - Research Start Date : 1995/02/13 Beach/Scuttle Bay File Closed - Date Legal Opinion Signed: 2000/10/31 - Canada Offered to Negotiate: 2008/10/16 Alleged improper management of leases to lands - File Closed: 2008/10/17 on the reserve.
Klahanie Subdivision Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/06/29
Alleged mismanagement of 66 residential leases on Sliammon IR# 1 resulting in lost revenue.
Lund Road Alienation Concluded - Date Claim Filed: 2008/10/16 File Closed - Date Legal Opinion Signed: 2008/10/24 - Canada Offered to Negotiate: 2009/08/12 Alleges an improper alienation and inadequate - Negotiations Inactive: 2009/08/13 compensation from the establishment of Lund - Pending FN's BCR Accepting to Negotiate: 2009/08/14 Road on Sliammon IR No. 1. - File Closed: 2011/02/09
Teesquat Village (Lot 450) Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2009/08/12
Alleges failure to set aside Teesquat Village, the surrounding water courses, and timber lands as a reserve. Page 121 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Wilde Road - IR#1 Concluded - Research Start Date : 1996/04/29 No Lawful Obligation Found - Date Legal Opinion Signed: 2005/03/18 - Not Accepted for Negotiations: 2005/05/16 Alleged the 1932 taking of this road right of way was improper.
Snuneymuxw First Nation (BAND-648) Coal Royalties Settled - Research Start Date : 1991/04/01 Settled Through Negotiations - Date Legal Opinion Signed: 1994/05/11 - Canada Offered to Negotiate: 1995/06/19 (Band previous name: Nanaimo) Alleged Canada - Settlement Signed by Canada: 1997/03/27 breached terms of surrender regarding sale of coal.
Departure Bay Village In Negotiations - Research Start Date : 2000/04/17 Active Negotiations - Date Legal Opinion Signed: 2002/05/28 - Pending FN's BCR Accepting to Negotiate: 2007/06/28 (Band previous name: Nanaimo) "Alleges that - Claimant Agreed to Negotiate: 2007/08/08 under the 1854 Douglas Treaty, the historic - Canada Offered to Negotiate: 2008/10/16 village located at Departure Bay should have been protected and maintained for the use and benefit of the FN.
Douglas Treaty Reserve - 79 In Negotiations - Research Start Date : 1993/03/11 Acre Reserve Active Negotiations - Date Legal Opinion Signed: 2001/08/14 - Claimant Agreed to Negotiate: 2004/01/09 (Band previous name: Nanaimo) Alleged unlawful - Canada Offered to Negotiate: 2008/10/16 alienation of 79 acre reserve in downtown Nanaimo.
Exchange Lands Village and Under Assessment - Date Claim Filed: 2008/10/16 Compensation Legal Opinion Signed - Date Legal Opinion Signed: 2010/05/19
(Band previous name: Nanaimo) "Alleges failure to set aside a village site with enclosed fields as a reserve under the 1854 Douglas Treaty and alleges failure exchange land which had been agreed to by the the Band and the Vancouver Coal Company in the 1880s." Page 122 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) False Narrows Village Site In Negotiations - Research Start Date : 2000/07/31 Active Negotiations - Date Legal Opinion Signed: 2002/09/04 - Pending FN's BCR Accepting to Negotiate: 2007/06/28 (Band previous name: Nanaimo) Seeks the return - Claimant Agreed to Negotiate: 2007/08/08 of the FN's village site, surrounding fields and a - Canada Offered to Negotiate: 2008/10/16 clam bed on Gabriola Island, which the FN alleges was guaranteed to it by the terms of the 1854 Douglas Treaty.
Harbour Park Village In Negotiations - Research Start Date : 2000/04/17 Active Negotiations - Date Legal Opinion Signed: 2002/07/08 - Pending FN's BCR Accepting to Negotiate: 2007/06/28 (Band previous name: Nanaimo) Claim for the - Claimant Agreed to Negotiate: 2007/08/08 Return of the FN's "Harbour Village Site" allegedly - Canada Offered to Negotiate: 2008/10/16 guaranteed to them by the terms of the 1854 Douglas Treaty.
Millstone River Village In Negotiations - Research Start Date : 2002/04/29 Active Negotiations - Date Legal Opinion Signed: 2004/05/04 - Pending FN's BCR Accepting to Negotiate: 2007/06/28 (Band previous name: Nanaimo) FN alleges that - Claimant Agreed to Negotiate: 2007/08/08 the village, enclosed fields and burial sites should - Canada Offered to Negotiate: 2008/10/16 have been reserved to the First Nation pursuant to the Douglas Treaty.
Nanaimo Town I.R. No. 1 Settled - Research Start Date : 1985/09/25 Settled Through Negotiations - Date Legal Opinion Signed: 1990/03/16 - Canada Offered to Negotiate: 1991/08/06 (Band previous name: Nanaimo) Alleged 2.76 - Settlement Signed by Canada: 1994/01/21 acres of land used as a right-of-way through Nanaimo Town I.R. No. 1 since 1883 has never been lawfully surrendered by the FN.
Teytexen Village In Negotiations - Research Start Date : 2002/01/03 Active Negotiations - Date Legal Opinion Signed: 2004/05/04 - Pending FN's BCR Accepting to Negotiate: 2007/06/28 (Band previous name: Nanaimo) FN alleges that - Claimant Agreed to Negotiate: 2007/08/08 parts of the Teytexen village, its enclosed fields - Canada Offered to Negotiate: 2008/10/16 and burial and fishing sights were not reserved as they should have been pursuant to the Douglas Treaty. Page 123 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Soda Creek (BAND-716) Colonial Reserve Under Assessment - Date Claim Filed: 2010/05/05 Justice Department Preparing Legal Opinion - Research Start Date : 2010/05/06
Alleges an outstanding lawful obligation with regard to the establishment and reduction of Soda Creek IR 1.
Trutch Reserve Reduction Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2009/07/13
Alleged alienation by the BC colonial Government of Soda Creek reserve land which had been set apart in 1864.
Songhees First Nation (BAND-656) BC Cut-Off Lands (SPLIT #15) Settled - Canada Offered to Negotiate: 1992/10/20 Settled Through Negotiations - Settlement Signed by Claimant: 1992/10/30 - Settlement Signed By Province: 1992/11/12 Alienation of reserve land arising from decisions - Settlement Signed by Canada: 1993/06/23 of the McKenna-McBride Commission in 1916.
Chatham Island Settled - Date Legal Opinion Signed: 1993/09/21 Settled Through Negotiations - Canada Offered to Negotiate: 1993/11/30 - Settlement Signed by Canada: 1996/05/31 Claimed small islands in Chatham Island group should have been included in reserve.
I.R. No 1A - Railway Spur Settled - Research Start Date : 1994/11/01 Settled Through Negotiations - Date Legal Opinion Signed: 2002/04/09 - Canada Offered to Negotiate: 2003/04/14 Alleged unlawful alienation of 1.13 acres from the - Settlement Signed by Canada: 2005/11/23 reserve.
Splatsin First Nation (BAND-600) Page 124 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Fortune's Field Graveyard Concluded - Research Start Date : 1997/06/01 File Closed - Date Legal Opinion Signed: 2007/10/12 - Canada Offered to Negotiate: 2008/10/16 Alienation of a FN graveyard. - File Closed: 2009/09/17
Spuzzum (BAND-708) Chapman's Bar I.R. No. 10 Concluded - Research Start Date : 1991/09/03 File Closed - Date Legal Opinion Signed: 2007/08/21 - Negotiations Inactive: 2008/01/23 Alleged illegal pre-emption, failure to confirm - Pending FN's BCR Accepting to Negotiate: 2008/01/24 reserve and failure to obtain compensation for - Canada Offered to Negotiate: 2008/10/16 CNPR right-of-way through Chapman's Bar I.R. - File Closed: 2009/08/04 No. 10.
CPR Through IR No. 1 Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/07/22
Alleged inadequate compensation was paid for CPR right-of-way taken through Spuzzum I.R. No. 1.
Lands Taken for Public Under Assessment - Date Claim Filed: 2008/10/16 Purposes Legal Opinion Signed - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2011/04/29 Alleged failure by Canada to provide replacement lands for railway, highway and transmission line rights of way in order to minimally impair the Band's Indian reserve land base.
Long Tunnel I.R. No. 5 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/06/01 - Not Accepted for Negotiations: 2011/05/16 Alleged inadequate compensation was paid for CPR right-of-way taken through Long Tunnel I.R. No. 5 and for damages suffered. Page 125 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Preemtion of Lot 4 (Shwimp) Under Assessment - Date Claim Filed: 2011/05/04 Nlaka'pamux Settlement Research - Research Start Date : 2011/05/05
Alleges failure to take steps to reserve an Indian Village prior to the 1867 preemption and Crown grant of Lot 4, Group 1, Yale District (Schwimp).
Road Right of Way - Trans Under Assessment - Date Claim Filed: 2009/05/06 Provincial (Cariboo) Highway Justice Department Preparing Legal Opinion - Research Start Date : 2009/05/07
Alleges Canada owes outstanding lawful obligations to the Band with respect to roads taken for the construction of the Trans Provincial Highway in 1926-27 without compensation.
Schwimp Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2009/05/26
Alleged unlawful pre-emption of village site at Schwimp.
Squamish (BAND-555) BC Cut-Off Lands (SPLIT #16) Settled - Canada Offered to Negotiate: 1981/01/21 "Ambleside" Settled Through Negotiations - Settlement Signed by Claimant: 1983/10/22 - Settlement Signed By Province: 1983/10/23 Alienation of reserve land arising from decisions - Settlement Signed by Canada: 1983/10/24 of the McKenna-McBride Commission in 1916.
Capilano I.R. No. 5 - Bouillon Settled - Research Start Date : 1985/08/30 Lands Settled Through Negotiations - Date Litigation Became Active : 1988/03/02 - Not Accepted for Negotiations: 1988/08/10 Alleged 74 acres of Capilano I.R. No. 5, as - Date of ISCC Process/Active: 1994/11/02 allotted by the Joint Reserve Commission in 1877, - Date Legal Opinion Signed: 1995/02/20 was subsequently alienated from the FN. - Canada Offered to Negotiate: 1996/03/08 - Settlement Signed by Claimant: 2000/07/26 - Settlement Signed by Canada: 2000/09/08 Page 126 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Mission I.R. No. 1 - 1910 Concluded - Date Legal Opinion Signed: 1976/10/21 Surrender File Closed - Not Accepted for Negotiations: 1977/05/05 - Date Litigation Became Active : 1981/03/31 First Nation alleges the 1910 surrender was - File Closed: 2000/05/11 invalid because it did not comply with sections 49 and 51 of the Indian Act.
Squiala First Nation (BAND-574) Chilliwack River Diversion on Concluded - Date Claim Filed: 2008/10/16 Squiala IR# 7 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/03/01 - Not Accepted for Negotiations: 2010/12/03 Alleges failure: to obtain adequate compensation for the land taken; to obtain compensation for severing the reserve and taking gravel and soil; to minimally impair by selling the lands; to ensure compliance with the conditions of the expropriation.
DVA Drainage Ditch on Squiala Under Assessment - Date Claim Filed: 2008/10/16 IR 7 Legal Opinion Signed - Date Legal Opinion Signed: 2009/09/10
Improper lease of land and lease renewals and inadequate compensation, damages and delays.
I.R. #7 CN Right of Way Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2009/08/06
Concerned the CNR Right of Way across the Squiala reserve.
St. Mary's (BAND-602) Alienation of St. Eugene Under Assessment - Date Claim Filed: 2011/02/02 Mission Residential School Research - Research Start Date : 2011/02/03 Farm Lands Alleges breach of a lawful and fiduciary duty when steps were not taken to prevent the alienation of the St. Eugene Mission Farm Lands.
Stellat'en First Nation (BAND-613) Page 127 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Hydro Right-of-Way Settled - Date Legal Opinion Signed: 1994/11/08 Settled Through Negotiations - Canada Offered to Negotiate: 1994/12/05 - Settlement Signed by Claimant: 1997/10/16 Alleged wrongful alienation of land for - Settlement Signed by Canada: 1998/03/31 transmission line.
STO:LO NATION (TC-1126) Trutch Reduction Concluded - Research Start Date : 1993/12/15 File Closed - Date Legal Opinion Signed: 1997/09/09 - Not Accepted for Negotiations: 1999/07/28 Sto:lo Nation represents several FNs in this claim. - Date of ISCC Process/Active: 2001/06/21 Alleged reserves were illegally reduced in the - File Closed: 2003/09/09 1860s.
Stone (BAND-717) Graveyard Settled - Research Start Date : 1994/02/04 Settled Through Negotiations - Date Legal Opinion Signed: 1997/10/16 - Canada Offered to Negotiate: 1999/03/08 Alienation of a FN graveyard. - Settlement Signed by Claimant: 2008/05/01 - Settlement Signed by Canada: 2008/06/16
IR # 1A - Boundary Error & Concluded - Research Start Date : 1994/10/29 Timber Lands File Closed - Date Legal Opinion Signed: 2007/09/24 - Canada Offered to Negotiate: 2009/04/14 Alleged incorrect survey of boundaries of reserve, - Pending FN's BCR Accepting to Negotiate: 2009/04/16 and non-inclusion of timber lands south of the - File Closed: 2011/06/01 reserve.
Sts'ailes (BAND-559) Chehalis I. R. No. 5 Concluded - Research Start Date : 1994/01/17 No Lawful Obligation Found - Date Legal Opinion Signed: 1998/07/09 - Not Accepted for Negotiations: 1999/03/24 Alleged improper taking of a road right-of-way.
Stswecem'c Xgat'tem First Nation (BAND-723) I.R. #4 - O'Reilly Cancellation Concluded - Date Claim Filed: 2008/10/16 File Closed - Research Start Date : 2008/10/17 - File Closed: 2009/06/26 Page 128 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) (Band previous name: Canoe Creek). Alleged I.R. #4 was lawfully established in 1881 and was later unlawfully cancelled.
Graveyard Settled - Research Start Date : 1993/05/01 Settled Through Negotiations - Date Legal Opinion Signed: 1997/08/12 - Canada Offered to Negotiate: 1999/03/08 (Band previous name: Canoe Creek). Alienation - Settlement Signed by Canada: 2008/02/25 of FN graveyards.
Lot 5 - Pre-Confederation In Negotiations - Date Claim Filed: 2008/10/16 Active Negotiations - Date Legal Opinion Signed: 2009/03/10 - Canada Offered to Negotiate: 2010/03/26 (Band previous name: Canoe Creek). Alleged - Pending FN's BCR Accepting to Negotiate: 2010/03/27 land was reserved for the Canoe Creek Band in - Claimant Agreed to Negotiate: 2010/04/29 1864, but was later unlawfully alienated to third parties.
Toby Lake I.R. No. 6 Survey In Negotiations - Date Claim Filed: 2008/10/16 Error Active Negotiations - Date Legal Opinion Signed: 2009/02/20 - Canada Offered to Negotiate: 2009/08/12 (Band previous name: Canoe Creek). Alleged - Pending FN's BCR Accepting to Negotiate: 2009/08/13 survey error resulting in loss of land set aside as - Claimant Agreed to Negotiate: 2009/11/03 Toby Lake I.R. No. 6.
Stz'uminus First Nation (BAND-641) BC Cut-Off Lands (SPLIT #03) Settled - Date Litigation Became Active : 1981/01/21 Settled Through Negotiations - Settlement Signed By Province: 1984/04/25 - Settlement Signed by Canada: 1984/04/26 (Band previous name: Chemainus). Alienation of - Settlement Signed by Claimant: 1984/06/12 reserve land arising from decisions of the McKenna-McBride Commission in 1916
Dunsmuir Islands Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/07/05 (Band previous name: Chemainus). Dunsmuir - Not Accepted for Negotiations: 2010/12/20 Islands not set aside as Indian Reserve by JRC in 1877 or later. Page 129 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) E & N Railway on Chemainus Under Assessment - Date Claim Filed: 2008/10/16 IR No. 12 Legal Opinion Signed - Date Legal Opinion Signed: 2010/10/04
(Band previous name: Chemainus). Alleged improper alienation of I.R. No. 12 land for E & N Railway right of way and inadequate compensation.
Establishment of Chemainus I. Concluded - Date Claim Filed: 2008/10/16 R. No. 13 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/05/04 - Not Accepted for Negotiations: 2010/11/04 (Band previous name: Chemainus). Lands not included as part of Chemainus IR 13 when reserve set aside in 1876.
IR# 13 Powerline RoW Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2011/03/10 The FN alleges that Canada failed to seek adequate compensation for a BC hydro power line through IR# 13.
Lomas Misappropriation of Concluded - Research Start Date : 2004/02/16 Timber Revenue File Closed - Date Legal Opinion Signed: 2007/11/20 - Negotiations Inactive: 2008/06/28 (Band previous name: Chemainus). - Pending FN's BCR Accepting to Negotiate: 2008/06/29 Misappropriation of timber revenues from Kulleet - Canada Offered to Negotiate: 2008/10/16 IR by Indian agent. - File Closed: 2009/07/17
Squay-Hay-One Transmission Under Assessment - Date Claim Filed: 2008/10/16 Line ROW on IR 11 Legal Opinion Signed - Date Legal Opinion Signed: 2011/01/12
(Band previous name: Chemainus). Inadequate compensation for a transmission line ROW on IR 11 and failure to return land to reserve when no longer required for road.
Sumas First Nation (BAND-578) Page 130 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Sumas I.R. # 7 Settled - Research Start Date : 1988/05/17 Settled Through Negotiations - Date Legal Opinion Signed: 1990/01/26 - Date of ISCC Process/Active: 1994/02/04 Alleged improper surrender of Sumas I.R. # 7 in - Canada Offered to Negotiate: 2002/02/01 1919 for sale to the Soldier Settlement Board. - Settlement Signed by Canada: 2004/03/30
Upper Sumas I.R. No. 6 - 1.26 Settled - Research Start Date : 1984/04/25 Acres Settled Through Negotiations - Date Legal Opinion Signed: 1985/03/21 - Canada Offered to Negotiate: 1985/06/20 Alleged 1.26 acres of and taken from Upper - Settlement Signed by Canada: 2004/03/30 Sumas I.R. No. 6 by V. V. & E. Railway.
Upper Sumas I.R. No. 6 - 28.83 In Negotiations - Date Litigation Became Active : 1982/12/07 Acres Active Negotiations - Research Start Date : 1984/04/25 - Not Accepted for Negotiations: 1985/06/20 Alleged 28.83 acres of and taken from Upper - Date of ISCC Process/Active: 1994/01/24 Sumas I.R. No. 6 by V. V. & E. Railway. - File Closed: 2002/01/28 - Date Legal Opinion Signed: 2004/11/26 - Canada Offered to Negotiate: 2008/10/16 - Claimant Agreed to Negotiate: 2009/04/13
Takla Lake First Nation (BAND-608) Moose Valley Concluded - Date Claim Filed: 2008/10/16 File Closed
Failure of the McKenna McBride Commission to set aside reserve lands for the Takla Lake FN in Moose Valley.
Taku River Tlingit (BAND-501) Tlingit Village Site-Wenah Concluded - Research Start Date : 1997/11/05 File Closed - Date Legal Opinion Signed: 1998/08/13 - Not Accepted for Negotiations: 1998/08/14 Alleged Canada failed to set aside the Wenah - Date of ISCC Process/Active: 2002/10/09 Village site as an indian reserve. - File Closed: 2009/07/11
T'it'q'et (BAND-593) Page 131 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Graveyard Settled - Research Start Date : 1993/01/01 Settled Through Negotiations - Date Legal Opinion Signed: 1997/08/12 - Canada Offered to Negotiate: 1999/03/09 (Band previous name: Lillooet) Alienation of FN - Settlement Signed by Claimant: 2008/03/31 graveyards. - Settlement Signed by Canada: 2008/04/17
Tla-o-qui-aht First Nations (BAND-660) Logging on Kootowis IR 4 In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Canada Offered to Negotiate: 2011/05/19 - Negotiations Inactive: 2011/05/20 FN alleges unlawful logging on Kootowis IR 4. - Pending FN's BCR Accepting to Negotiate: 2011/05/21
Tlatlasikwala (BAND-632) BC Cut-Off Lands (SPLIT #17) Settled - Date Legal Opinion Signed: 1984/02/24 Settled Through Negotiations - Canada Offered to Negotiate: 1988/05/10 - Settlement Signed by Claimant: 1991/07/20 Alienation of reserve land arising from decisions - Settlement Signed By Province: 1991/09/09 of the McKenna-McBride Commission in 1916. - Settlement Signed by Canada: 1992/03/16
Hope Island I.R. No. 1 Settled - Research Start Date : 1987/03/17 Settled Through Negotiations - Date Legal Opinion Signed: 1988/01/29 - Canada Offered to Negotiate: 1991/03/03 (Band previous name: Nuwitti) Alleged unlawful - Settlement Signed by Claimant: 1991/07/20 expropriation of 23 acres of reserve land on Hope - Settlement Signed By Province: 1991/09/09 Island for a wireless station in 1921. - Settlement Signed by Canada: 1992/03/16
Tl'azt'en Nation (BAND-617) Caesar's Point and Caesar's Other - Date Claim Filed: 2008/10/16 Island Active Litigation - Research Start Date : 2008/10/17 - Date Litigation Became Active : 2009/10/28 Alleged unlawful preemption of Caesar's point and Caesar's Island which were traditional hunting and fishing sites and sacred lands of the Tl'azt'en FN. Page 132 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Camp 24 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/09/20 Alleged breach of lawful obligation by Canada as - Not Accepted for Negotiations: 2010/12/24 the result of the alienation of a village site, which in 1968 was a special reserve.
Fishing Stations Other - Research Start Date : 1997/03/05 Active Litigation - Date Litigation Became Active : 2008/11/20
Alleged Fishing Stations which were to be set aside as reserve as a condition of the barricade agreement were not set aside.
Fort St. James Barricade Other - Research Start Date : 2001/04/30 Agreement & Lot 4705A Active Litigation - Date Litigation Became Active : 2008/11/20
Alleged breach of lawful obligation by Canada by failing to set aside Lot 4705A as a fishing station reserve under the terms of the Fort St. James Barricade Agreement of 1911.
Pinche Lake I.R. #2 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2008/10/23 - Not Accepted for Negotiations: 2009/08/11 Alleged Pinche Lake I.R. #2 was allotted at 102 acres smaller than it should have been.
Tezzeron Lake I.R. #9 Other - Research Start Date : 2008/08/06 Active Litigation - Date Litigation Became Active : 2008/11/20
Alleged Tezzeron Lake I.R. #9 was lawfully established as a reserve by the Royal Commission on Indian Affairs for BC in 1916, and later unlawfully cancelled.
Tobacco Plains (BAND-603) Page 133 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) 1922 Timber Surrender Settled - File Closed: 1992/11/06 Settled Through Negotiations - Research Start Date : 1993/03/15 - Date Legal Opinion Signed: 1994/02/24 Revised claim with supporting research - Canada Offered to Negotiate: 1995/12/29 resubmitted on February 1/1993. Alleged monies - Settlement Signed by Claimant: 1996/11/05 earned from the sale of timber surrendered in - Settlement Signed by Canada: 1997/03/20 1922 were never paid to it, and that the land was later damaged when logged.
1940 Brown Timber Lease Concluded - Research Start Date : 1995/08/05 No Lawful Obligation Found - Date Legal Opinion Signed: 2004/12/21 - Not Accepted for Negotiations: 2006/05/23 Alleged invalid timber lease in the 1940s.
IR 2 Roosville Customs House Under Assessment - Date Claim Filed: 2011/03/02 Research - Research Start Date : 2011/03/03
Alleges breach of duties in the course of the expropriation of a portion of Tobacco Plains IR 2 by the Department of Customs for a Customs house in 1914-15.
Land Lease Concluded - Research Start Date : 1985/06/01 File Closed - File Closed: 1993/10/25
Alleged breach of contract, trust and fiduciary duty concerning the leasing of the southern portion of its reserve, following a surrender in 1929.
Toosey (BAND-718) Forestry Access Road I.R. Nos. Under Assessment - Date Claim Filed: 2008/10/16 1 & 1A Legal Opinion Signed - Date Legal Opinion Signed: 2011/02/16
Alleged improper taking of Toosey I.R. No. 1 and 1A lands for logging road purposes. Page 134 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) I.R. 1A Boundary Dispute In Negotiations - Date Claim Filed: 2008/10/16 Active Negotiations - Canada Offered to Negotiate: 2010/02/16 - Pending FN's BCR Accepting to Negotiate: 2010/02/17 Alleged exclusion of 11 acres of lands allotted by - Claimant Agreed to Negotiate: 2010/03/18 McKenna-McBride commission as new reserve I.R. 1A at time of survey.
Water Rights Settled - Research Start Date : 1987/07/02 Settled Through Negotiations - Date Legal Opinion Signed: 1991/05/06 - Canada Offered to Negotiate: 1992/01/24 Alleged negligence of federal government in - Settlement Signed by Claimant: 1996/03/06 securing and protecting water rights for the FN. - Settlement Signed by Canada: 1996/03/29
Toquaht (BAND-666) 1918 Timber Surrender on IR 2 Under Assessment - Date Claim Filed: 2011/05/18 Research - Research Start Date : 2011/05/19
Alleges a breach of the Indian Act by allowing the Imperial Munitions Board to cut timber pursuant to a permit rather than the license, as required by the Timber regulations.
1950 Riddell Timber Permit on Under Assessment - Date Claim Filed: 2011/05/18 IR 4 Research - Research Start Date : 2011/05/19
Alleges illegal logging operations by P. Riddell and the Tidewater Contracting Co. on Chenatha IR 4 in 1950 without proper compensation.
Dominion Telegraph Line Under Assessment - Date Claim Filed: 2011/05/18 Research - Research Start Date : 2011/05/19
Alleges alienation of reserve lands in 1902 by the Dominion Telegraph Company for a telegraph line and trail.
TREATY 8 TRIBAL ASSOCIATION (TC-1072) Page 135 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Ammunition and Twine Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/05/22
Alleged breach of Treaty by Canada in the provision of Twine and ammunition to Blueberry River, Doig River, Halfway River, Prophet River, and Saulteau FNs.
Annuity Arrears Concluded - Research Start Date : 1993/08/09 File Closed - Date Legal Opinion Signed: 2004/08/24 - Not Accepted for Negotiations: 2006/03/01 Alleged seven FNs were owed Treaty Annuities - Date of ISCC Process/Active: 2006/10/06 from date Treaty 8 was first signed (1899) rather - File Closed: 2009/01/30 than from the date of adhesion.
Highway Right-of-Way on IR # In Negotiations - Research Start Date : 1995/05/08 172 Active Negotiations - Date Legal Opinion Signed: 2003/11/06 - Date of ISCC Process/Active: 2005/03/11 Alleged Crown breached its legal and fiduciary - Canada Offered to Negotiate: 2008/10/16 obligations to the then Fort St. John FN by - Claimant Agreed to Negotiate: 2010/09/08 agreeing to the transfer of lands within Fort St. John Indian Reserve No. 172 to the Province of BC in 1934, without consent of, or compensation to, the FN.
Tsartlip (BAND-653) Lot A Settled - Research Start Date : 1991/10/30 Settled Through Negotiations - Date Legal Opinion Signed: 1991/12/03 - Settlement Signed by Claimant: 1993/03/17 Alleged part of Lot A not provided pursuant to - Settlement Signed by Canada: 1993/03/24 treaty.
Tod Inlet Concluded - Research Start Date : 1994/02/18 No Lawful Obligation Found - Date Legal Opinion Signed: 1999/09/10 - Not Accepted for Negotiations: 1999/12/21 Alleged Tod Inlet was part of its traditional winter village and should have been reserved.
Tsawout First Nation (BAND-654) Page 136 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Cordova Spit Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/06/08 - Not Accepted for Negotiations: 2009/10/26 Seeks damages for loss of an alleged Pre-confederation Reserve.
Tsawwassen First Nation (BAND-577) Bluff Lands Concluded - Research Start Date : 1995/08/01 File Closed - Date Litigation Became Active : 1999/07/01 - Date Legal Opinion Signed: 2002/07/08 Alleged surrender and sale of some 95 acres of - Not Accepted for Negotiations: 2003/01/13 the Tsawwassen Indian Reserve in 1957 was - Date of ISCC Process/Active: 2005/06/24 improper and that the FN did not receive the value - File Closed: 2009/01/30 it should have received from this sale.
McKenna-McBride Additional Concluded - Date Claim Filed: 2008/10/16 Land Applications No Lawful Obligation Found - Date Legal Opinion Signed: 2009/01/21 - Not Accepted for Negotiations: 2009/08/12 Alleges Canada and Indian Agent breached its fiduciary obligation and duty of care before the McKenna-McBride Commission when five applications for additional reserve lands were rejected.
Tsay Keh Dene (BAND-609) Finlay Forks IR No. 1 Concluded - Date Referred for Admin. Remedy : 1987/11/10 Expropriation Resolved Through Administrative Remedy
Band alleges Canada breached its fiduciary duty by failing; to represent the Band's interests to BC Hydro and the Water controller in respect of its traditional lands, and the amount of compensation received; to keep the Band fully informed of developments; to prevent BC Hydro from flooding the reserve before the reserve was transferred; to establish a reserve at Ingenika and to provide services at Ingenika; to obtain the consent of the majority of the Band members; and that DIA used duress and undue influence to obtain the consent of some Band members. Page 137 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Police Meadows Concluded - Date Legal Opinion Signed: 1999/08/30 No Lawful Obligation Found - Not Accepted for Negotiations: 1999/12/14
Alleged 640 acres not set aside as reserve at Police Meadows, leaving a shortfall of 320 acres.
Reduction of Reserve Lands Under Assessment - Date Claim Filed: 2010/04/07 Justice Department Preparing Legal Opinion - Research Start Date : 2010/04/08
Alleges that Canada breached its duty to protect and preserve an adequate land base for the Tsay Keh Dene Indian Band.
Tseshaht (BAND-665) 1913 Surrender of IR #3 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2009/08/06
Alleges improper 1913 Surrender for sale to Canadian Northern Pacific railway of Imachis IR #3. Canada failed to obtain a proper land valuation and sold the land at a lower price than could otherwise be obtained.
BC Cut-Off Lands (SPLIT #18) Settled - Canada Offered to Negotiate: 1981/01/21 Settled Through Negotiations - Date Legal Opinion Signed: 1984/02/23 - Settlement Signed by Claimant: 1987/03/12 (Band previous name: Sheshaht) Alienation of - Settlement Signed By Province: 1987/05/01 reserve land arising from decisions of the - Settlement Signed by Canada: 1987/10/22 McKenna-McBride Commission in 1916.
Tseycum (BAND-655) Graveyard and Road Settled - Research Start Date : 1996/06/26 Settled Through Negotiations - Date Legal Opinion Signed: 2003/05/12 - Canada Offered to Negotiate: 2003/12/10 Inadequate compensation for the lands taken for - Settlement Signed by Canada: 2007/11/13 the construction and widening of West Saanich Road in the 1860s, 1928 and 1955, or for disturbance to two graves in 1928 Page 138 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Tseycum Harbour Village & Concluded - Date Claim Filed: 2008/10/16 Gravesite No Lawful Obligation Found - Date Legal Opinion Signed: 2009/04/30 - Not Accepted for Negotiations: 2010/06/23 Alleged failure to set aside Indian reserve at Tsehum Harbour under Douglas Treaty.
TSILHQOT'IN NATIONAL GOVERNMENT (TC-9097) Hunting Reserve Concluded - File Closed: 1997/06/04 File Closed
Alleged hunting reserve allotted to Ts'ilhqot'in FNs unilaterally abandoned. Transfered to Claims Research and Assessment.
Ts'kw'aylaxw First Nation (BAND-594) Four Graveyards Settled - Research Start Date : 1995/11/21 Settled Through Negotiations - Date Legal Opinion Signed: 1997/08/29 - Canada Offered to Negotiate: 2008/10/16 (Band previous name: Pavilion). Alienation of FN - Settlement Signed by Claimant: 2009/02/17 graveyards. - Settlement Signed by Canada: 2009/08/27
Lot 18 Concluded - Date Claim Filed: 2008/10/16 File Closed - Research Start Date : 2008/10/17 - File Closed: 2009/11/24 (Band previous name: Pavilion). FN alleges that Canada did not protect grave site on Lot 18 from preemption and did not negotiate with the Province to obtain this land for the FN after the preemption.
Tsleil-Waututh Nation (BAND-549) Alienation of Mission IR 1 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/10/15 - Not Accepted for Negotiations: 2011/03/14 Allege failure to administer the FN's assets and compensate the FN for its interest in the Mission IR #1 when it was alientated in 1923 by an amalgamation of the Squamish reserves. Page 139 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Ambleside - IR#5 Concluded - Date Litigation Became Active : 1995/10/27 File Closed - Date Legal Opinion Signed: 1996/02/13 - Not Accepted for Negotiations: 1996/05/30 Alleged historic association with the Squamish FN - File Closed: 2003/03/24 and relationship to the Capilano Reserve, it is owed a share of the settlement of the Squamish cut-off claim.
Bouillon Claim Settled - Date Litigation Became Active : 1995/10/27 Settled Through Negotiations - Settlement Signed by Canada: 2003/02/25
Alienation of a reserve interest in Capilano IR5 reserve (Squamish FN).
Burrard I.R. 3 Foreshore Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/03/21
Alleged foreshore to Burrard I.R. 3 was legally part of the reserve and was alienated.
Dollarton Hwy. Burrard Inlet I.R. Concluded - Date Legal Opinion Signed: 2006/11/21 No. 3 File Closed - Claimant Agreed to Negotiate: 2007/05/08 - Canada Offered to Negotiate: 2008/10/16 Alleges Canada failed to obtain compensation for - File Closed: 2010/04/07 land taken from Burrard Inlet Reserve No. 3 for purposes of the Dollarton Highway. Alleges Dollarton Highway injuriously affected I. R. No. 3.
Surrender of IR No. 4 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/01/25 - Not Accepted for Negotiations: 2010/07/26 Alleges the 1909 leasing of IR 4 for logging purposes and the 1924 surrender of IR 4 for sale.
T'Sou-ke First Nation (BAND-657) Alien. of Graveyard IR 3 Concluded - Date Legal Opinion Signed: 2008/02/05 (Billings Spit) No Lawful Obligation Found - Not Accepted for Negotiations: 2008/06/27 Page 140 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Alleged unlawful alienation of Graveyard I.R. 3 as the result of it being erroneously cancelled in the 1920's for allegedly being eroded away.
Graveyard IR #4 Settled - Research Start Date : 1985/10/24 Settled Through Negotiations - Date Legal Opinion Signed: 1987/06/12 - Canada Offered to Negotiate: 1987/12/01 Alienation of a FN graveyard. - Settlement Signed by Canada: 2008/02/13
Ulkatcho (BAND-722) BC Cut-Off Lands (SPLIT #19) Settled - Canada Offered to Negotiate: 1981/01/21 Settled Through Negotiations - Settlement Signed by Canada: 1988/04/18
Alienation of reserve land arising from decisions of the McKenna-McBride Commission in 1916.
U'Mista Cultural Centre (ASSCTN) Artifacts Concluded - Research Start Date : 1988/03/18 No Lawful Obligation Found - Date Legal Opinion Signed: 1989/02/09 - Not Accepted for Negotiations: 1989/05/30 Alleged improper prosecution and seizure of artifacts in 1922.
Prohibition of the Potlatch Concluded - Date Legal Opinion Signed: 1999/08/20 Resolved Through Administrative Remedy - Not Accepted for Negotiations: 1999/12/14 - Date of ISCC Process/Active: 2002/05/17 Alleged government of Canada breached its duty - Date Referred for Admin. Remedy : 2005/08/22 of care to the 15 Kwakwaka'waku FN in allowing the seizure of realia and artifacts from the potlatch by its agents, and in allowing the sale and export of some of these items.
Union Bar (BAND-588) Trans Canada Highway on IR Under Assessment - Date Claim Filed: 2008/10/16 11 Legal Opinion Signed - Date Legal Opinion Signed: 2011/06/15
Alleged inadequate compensation for a 1952 expansion of the Trans-Canada highway on Puckatholetchin IR #11. Page 141 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Upper Nicola (BAND-697) Commonage Concluded - Research Start Date : 1993/05/21 File Closed - Canada Offered to Negotiate: 1999/03/02 - Date Legal Opinion Signed: 2003/06/04 Alleged unlawful alienation of Commonage - File Closed: 2005/02/09 Reserve.
Upper Similkameen (BAND-599) B.C. Gas Concluded - File Closed: 1993/12/21 File Closed
Alleged invalid permit because permit included no definite date of termination (section 28(2)).
BC Cut-Off Lands (SPLIT #20) Settled - Canada Offered to Negotiate: 1981/01/21 Settled Through Negotiations - Settlement Signed by Claimant: 2001/04/12 - Settlement Signed By Province: 2001/04/13 Alienation of reserve land arising from decisions - Settlement Signed by Canada: 2001/10/09 of the McKenna-McBride Commission in 1916.
West Moberly First Nations (BAND-545) BC Trapline Registration Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/10/21
Alleged failure by Canada to protect traplines in light of BC Trapline Registration process.
Commercial Hunting, Fishing & Concluded - Research Start Date : 2006/03/11 Trapping Rights File Closed - File Closed: 2008/06/26
Alleged failure by Canada to protect Treaty 8 hunting, fishing, and trapping rights from restrictions imposed by provincial regulations.
Misuse of Band Funds for Under Assessment - Date Claim Filed: 2009/10/08 Agricultural Development Legal Opinion Signed - Research Start Date : 2009/10/09 - Date Legal Opinion Signed: 2010/02/23 Page 142 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Alleges that Canada spent the FN's funds for agricultural development despite the fact that the Crown has an outstanding obligation to provide economic benefits related to agricultural provisions under Treaty 8.
Treaty 8 Agricultural Benefits Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2010/02/23
Alleges Canada has failed to provide economic and agricultural benefits guaranteed under Treaty 8.
Treaty 8 Land Entitlement In Negotiations - Research Start Date : 1996/05/29 Active Negotiations - Date Legal Opinion Signed: 1998/02/09 - Date Litigation Became Active : 2003/03/19 Unfulfilled treaty land entitlement pursuant to - Canada Offered to Negotiate: 2008/10/16 Treaty No. 8.
Westbank First Nation (BAND-601) BC Cut-Off Lands (SPLIT #21) Settled - Canada Offered to Negotiate: 1981/01/21 Settled Through Negotiations - Settlement Signed by Claimant: 1983/10/27 - Settlement Signed By Province: 1983/10/28 Alienation of reserve land arising from decisions - Settlement Signed by Canada: 1983/11/04 of the McKenna-McBride Commission in 1916.
North Okanagan Commonage Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/07/15 - Not Accepted for Negotiations: 2011/03/14 FN alleges an interest in the North Okanagan Commonage and asserts that Canada breached its duty to the Band by not having the land set aside as an Indian reserve.
Reduction of Okanagan IR in Under Assessment - Date Claim Filed: 2008/10/16 1865 Legal Opinion Signed - Date Legal Opinion Signed: 2010/11/22
Alleged alienation of Okanagan IR 1 land in 1865. Page 143 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) South Okanagan Commonage Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/07/14 - Not Accepted for Negotiations: 2011/03/22 FN alleges an interest in the South Okanagan Commonage and asserts that Canada breached its duty to the Band by not having the land set aside as an Indian reserve.
Wet'suwet'en First Nation (BAND-725) Charles I.R. #1 Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2011/05/12 Alleged that Charles I.R. #1 (aka Burns Lake #1), alloted to the Burns Lake Band, ought to be a reserve of the Broman Lake F.N.
Whispering Pines/Clinton (BAND-702) Allotment of the Hihium IR 6 In Negotiations - Date Claim Filed: 2008/10/16 Active Negotiations - Canada Offered to Negotiate: 2009/02/18 - Pending FN's BCR Accepting to Negotiate: 2009/02/19 Failure to include the FN as one of the - Claimant Agreed to Negotiate: 2009/12/09 beneficiaries in the Hihium Lake IR 6 fishing station.
BC Cut-Off Lands (SPLIT #22) Settled - Canada Offered to Negotiate: 1981/01/21 Settled Through Negotiations - Settlement Signed by Canada: 1983/03/01
Alienation of reserve land arising from decisions of the McKenna-McBride Commission in 1916.
PGE Right-of-Way IRs # 1 & 2 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/07/23 - Not Accepted for Negotiations: 2011/03/21 Alleged that the land taken for the Pacific Great Eastern (non BC Rail) right-of-way accross I.R.'s #1 and #2 was unlawfully taken, and that the compensation paid for these lands was inadequate. Page 144 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Survey of the Kelly Creek IR 3 In Negotiations - Date Claim Filed: 2008/10/16 Active Negotiations - Canada Offered to Negotiate: 2009/02/18 - Pending FN's BCR Accepting to Negotiate: 2009/02/19 Alleged survey error of the Kelly Creek IR 3 - Claimant Agreed to Negotiate: 2009/12/09 fishing station.
Williams Lake (BAND-719) Graveyard Reserves Settled - Research Start Date : 1993/02/01 Settled Through Negotiations - Date Legal Opinion Signed: 1997/08/12 - Canada Offered to Negotiate: 1999/03/08 Alienation of FN graveyards. - Settlement Signed by Claimant: 2007/12/20 - Settlement Signed by Canada: 2008/02/01
Indian Settlement Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2009/02/13
Alleged traditional villages of the FN were unlawfully alienated to non-Indians.
Pacific Great Eastern Railway Under Assessment - Date Claim Filed: 2010/09/01 on Williams Lake IR 1 Justice Department Preparing Legal Opinion - Research Start Date : 2010/09/02
Alleges a breach in the course of PGER's expropriation of a portion of Williams Lake IR1 in 1914/1915.
Starlight Drive-In Lease Concluded - Date Legal Opinion Signed: 1989/04/11 Resolved Through Administrative Remedy - Date Referred for Admin. Remedy : 1989/04/12
Alleged breach of duty in lease of land.
Wiumasgum-Qwe'Qwa'Sot'Em (ASSCTN) Wrongful Alienation of Concluded - Date Claim Filed: 2008/10/16 Reserves File Closed
Alleged that the Nation was a Band pursuant to the terms of the Indian Act and that its Reserves were wrongfully alienated. Also alleges that the Nation was wrongfully amalgamated with the Mamalilikulla-Qwe'Qwa'Sot'Em. Page 145 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Yale First Nation (BAND-589) Fisheries IR #17 (Surrender Settled - Research Start Date : 2001/09/01 Project) Settled Through Negotiations - Date Legal Opinion Signed: 2007/10/29 - Pending FN's BCR Accepting to Negotiate: 2008/01/19 Allege that Fisheries I.R. 17 has not been - Claimant Agreed to Negotiate: 2008/03/04 recognized with reserve status. - Canada Offered to Negotiate: 2008/10/16 - Settlement Signed by Claimant: 2010/02/25 - Settlement Signed by Canada: 2010/12/10
Kuthlalth IR #3 (Surrender In Negotiations - Research Start Date : 2001/09/01 Project) Active Negotiations - Date Legal Opinion Signed: 2008/01/21 - Pending FN's BCR Accepting to Negotiate: 2008/06/28 The FN asserts that Kuthlalth I.R. 3 was originally - Claimant Agreed to Negotiate: 2008/07/18 allotted to the Yale Band and that the Yale FN - Canada Offered to Negotiate: 2009/01/30 may continue to have an interest in the reserve which is now held by the Ohamil Band.
Seabird Island Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/04/01 - Not Accepted for Negotiations: 2009/10/30 Alleges failure to surrender the Seabird Island Reserve under sections 37-41 of the Indian Act. Page 146 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Barren Lands (BAND-308) Flooding Settled - Research Start Date : 1986/12/24 Settled Through Negotiations - Date Legal Opinion Signed: 1990/10/19 - Date Litigation Became Active : 1991/09/04 Alleged flooding of reserve land. - Claimant Agreed to Negotiate: 1992/03/31 - Canada Offered to Negotiate: 2008/10/16 - Settlement Signed by Claimant: 2010/03/22 - Settlement Signed by Canada: 2010/08/30
Treaty Land Entitlement Settled - Research Start Date : 1978/06/02 Settled Through Negotiations - Date Legal Opinion Signed: 1982/02/09 - Canada Offered to Negotiate: 1982/11/05 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 1999/06/23 Treaty 10. This First Nation is a signatory to the Manitoba TLE Framework Agreement. A settlement agreement was reached on June 23, 1999.
Birdtail Sioux (BAND-284) Railway Right of Way 1905 - IR Under Assessment - Date Claim Filed: 2009/11/12 #57 Justice Department Preparing Legal Opinion - Research Start Date : 2009/11/13
Alleges unlawful taking of portion of IR 57 for railway without surrender.
Bloodvein (BAND-267) Navigation Aid Situated on Settled - Date Claim Filed: 2008/10/16 Reserve Land Settled Through Negotiations - Canada Offered to Negotiate: 2009/04/14 - Pending FN's BCR Accepting to Negotiate: 2009/04/15 The Bloodvein First Nation contend that Canada - Claimant Agreed to Negotiate: 2009/05/07 has operated and maintained an aid to navigation - Settlement Signed by Claimant: 2009/11/26 on Reserve lands without a formal agreement - Settlement Signed by Canada: 2010/01/18 since 1966.
Brokenhead Ojibway Nation (BAND-261) 1890 Surrender for Exchange Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2010/11/17 Page 147 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) The FN alleges that Canada alienated a triangular portion of reserve land, approximately 15 acres, depriving the FN the possession and use of this area. Also alleges that there was no valid surrender, and that, unknown to the FN, Canada wrongfully alienated the lands to the Province of Manitoba in 1895.
Hydro Transmission Line Under Assessment - Date Claim Filed: 2008/10/16 Right-of-Way Justice Department Preparing Legal Opinion
The FN alleges it received inadequate compensation for land leased to the province for a hydro transmission line right-of-way; and that Canada didn't have the FN's best interests in mind when it permitted the leasing of the land.
I.R. No. 4 Settled - Research Start Date : 1981/01/14 Settled Through Negotiations - Date Legal Opinion Signed: 1984/11/22 - Canada Offered to Negotiate: 1985/01/21 Alleged unfulfilled land exchange. - Settlement Signed by Claimant: 1995/05/10 - Settlement Signed by Canada: 1995/06/01
Railway ROW and Station Under Assessment - Date Claim Filed: 2008/10/16 Ground Legal Opinion Signed - Date Legal Opinion Signed: 2010/01/06
Canada failed in its fiduciary and treaty obligations to protect the best interest of the First Nation land rights in regard to the expropriation of lands for a railway right of way and station grounds by the CNR.
Treaty Land Entitlement Settled - Research Start Date : 1978/06/02 Settled Through Negotiations - Date Legal Opinion Signed: 1985/05/13 - Canada Offered to Negotiate: 1985/06/03 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 1998/09/09 Treaty 1. This First Nation is a signatory to the Manitoba TLE Framework Agreement. A settlement agreement was reached on September 9, 1998. Page 148 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Buffalo Point First Nation (BAND-265) Flooding (Tr3 Flooding Project) In Negotiations - Date Claim Filed: 2008/10/16 Active Negotiations - Canada Offered to Negotiate: 2009/04/14 - Pending FN's BCR Accepting to Negotiate: 2009/04/15 Alleges failure to prevent or protect the interests - Claimant Agreed to Negotiate: 2009/07/24 of the band, allowing flooding of reserve land by a lumber company, beginning in 1887 without compensation for losses.
Navigation Aid Situated on Settled - Date Claim Filed: 2008/10/16 Reserve Land Settled Through Negotiations - Canada Offered to Negotiate: 2009/04/14 - Pending FN's BCR Accepting to Negotiate: 2009/04/15 The FN alleges an unlawful trespass by the - Claimant Agreed to Negotiate: 2009/07/24 Canadian Coast Guard for the establishment, - Settlement Signed by Claimant: 2010/05/11 operation and maintenance of a navigation aid on - Settlement Signed by Canada: 2010/08/05 reserve land.
Treaty Land Entitlement Settled - Research Start Date : 1988/06/01 Settled Through Negotiations - Date Legal Opinion Signed: 1992/12/24 - Canada Offered to Negotiate: 1993/01/13 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 1998/03/24 Treaty 3. This FN is a signatory to the Manitoba TLE Framework Agreement. The settlement agreement was reached on March 24, 1998.
Bunibonibee Cree Nation (BAND-301) Treaty Land Entitlement Settled - Research Start Date : 1981/02/02 Settled Through Negotiations - Canada Offered to Negotiate: 1982/11/05 - Settlement Signed by Canada: 1999/02/17 Unfulfilled treaty land entitlement pursuant to Treaty 5. This First Nation is a signatory to the Manitoba TLE Framework Agreement. A settlement agreement was reached on February 17, 1999.
Canupawakpa Dakota First Nation (BAND-289) Page 149 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Turtle Mountain Reserve Concluded - Research Start Date : 1993/05/10 File Closed - Date Legal Opinion Signed: 1994/11/08 - Not Accepted for Negotiations: 2001/07/02 (Band previous name: Oak Lake) Alleged - Date of ISCC Process/Active: 2001/07/22 wrongful 1909 surrender of Turtle Mountain Indian - File Closed: 2007/06/08 Reserve No. 60.
Chemawawin / Mosakahiken (ASSCTN) Land Exchange Settled - Research Start Date : 1985/12/19 Settled Through Negotiations - Date Legal Opinion Signed: 1988/02/19 - Canada Offered to Negotiate: 1989/03/09 Also known as the Moose Lake Indian Band. - Settlement Signed by Canada: 1992/04/28 Alleged breach of contract in a land exchange.
Cross Lake First Nation (BAND-276) Lot 1 - 1931 Surrender Concluded - Research Start Date : 1991/03/01 File Closed - Date Legal Opinion Signed: 1992/01/14 - Negotiations Inactive: 2008/01/23 Alleged improper alienation of reserve land in - Pending FN's BCR Accepting to Negotiate: 2008/01/24 1931. - Canada Offered to Negotiate: 2008/10/16 - File Closed: 2009/01/06
Lot 3 Alienation Concluded - Research Start Date : 1995/04/10 No Lawful Obligation Found - Date Legal Opinion Signed: 2003/12/17 - Not Accepted for Negotiations: 2008/01/22 Alleged Lot 3 was surveyed as part of the Cross Lake Indian Reserve #19 in 1877, but was subsequently alienated.
Lots 2 and 4 - 1885 Surrender Concluded - Research Start Date : 1991/03/01 No Lawful Obligation Found - Canada Offered to Negotiate: 1993/11/19 - Date Legal Opinion Signed: 2007/10/09 Alleged improper surrender of reserve land in - Not Accepted for Negotiations: 2008/01/22 1885.
Survey of Reserve 19 - 19A & Concluded - Date Legal Opinion Signed: 1978/06/05 19D Resolved Through Administrative Remedy - Date Referred for Admin. Remedy : 1981/08/04 Page 150 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Alleged illegal transactions, allowed to occur on reserves no. 19, 19A and 19D, and FNs interests not protected in 1930 Manitoba Natural Resources Agreement.
Dakota Plains/Dakota Tipi FN (ASSCTN) Lot 99 (Special Reserve) Concluded - Date Claim Filed: 2008/10/16 Alienation No Lawful Obligation Found - Date Legal Opinion Signed: 2008/11/03 - Not Accepted for Negotiations: 2011/05/30 Alleged alienation of River lot 99 (Special Reserve) approximating 25 acres near Portage la Prairie.
Dog Head and Loon Straits Claimants (ASSCTN) Establishment of Dog Head and Under Assessment - Date Claim Filed: 2010/01/13 Loon Straits Indian Reserve Justice Department Preparing Legal Opinion - Research Start Date : 2010/01/14
Alleges insufficient lands pursuant to Treaty 5, failure to obtain a surrender of Dog Head IR 11, failure to provide equal exchange of IR 11 land for Loon Straits Reserve.
Fisher River (BAND-264) 1896 Alienation Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2009/02/19
Alleged that, as a result of an erroneous survey, 1,722.6 acres were not added to the South East Addition of reserve #44, and that 1,040 acres were not added to the South West Addition.
Fort Alexander (BAND-262) Alienation of Lot 7A Concluded - Research Start Date : 1981/02/02 File Closed - File Closed: 1988/05/10
Alleged alienation of Lot 7A (formerly Fort Alexander Band FN also known as Sagkeeng). Page 151 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Treaty Land Entitlement Under Assessment - Date Claim Filed: 2010/11/03 Research - Research Start Date : 2010/11/04
Alleges a treaty land entitlement shortfall pursuant to Treaty 1. Treaty Land Entitlement Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2010/11/03
The FN (also known as Sagkeeng FN) maintains that there is a TLE shortfall, plus outstanding obligations arising from the "outside promises" of treaty 1.
Fox Lake (BAND-305) Treaty Land Entitlement Concluded - Research Start Date : 1981/06/01 File Closed - Date Legal Opinion Signed: 1982/01/04 - Canada Offered to Negotiate: 1982/11/05 Unfulfilled treaty land entitlement pursuant to - Negotiations Inactive: 1997/05/29 Treaty No. 5. This First Nation is a signatory to the - File Closed: 2008/10/31 Manitoba TLE Framework Agreement.
Gamblers (BAND-294) IR 63 Leasing Revenues Under Assessment - Date Claim Filed: 2010/09/01 Research - Research Start Date : 2010/09/02
Alleges mismanagement of revenues obtained from agricultural and oil and gas leases on Gambler IR 63.
IR 63 Quantity and Quality Under Assessment - Date Claim Filed: 2011/01/12 Research - Research Start Date : 2011/01/13
Alleges a shortfall in the quantity of land set aside at Silver Creek and inferior quality in comparison to the surrendered exchange lands in 1881 from IR 63. Page 152 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Road Allowances Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/03/08
Alleged alienation of road allowances.
Treaty Land Entitlement Concluded - Date Legal Opinion Signed: 1987/12/23 File Closed - Not Accepted for Negotiations: 1988/04/07 - Date Litigation Became Active : 1992/06/26 Unfulfilled treaty land entitlement pursuant to - Date of ISCC Process/Active: 1996/01/26 Treaty No. 4. - File Closed: 1998/11/27
Trust Account Mismanagement Settled - Research Start Date : 1988/01/20 Settled Through Negotiations - Date Litigation Became Active : 1992/06/26 - Date Legal Opinion Signed: 1992/11/13 Alleged mismanagement of land sales proceeds. - Pending FN's BCR Accepting to Negotiate: 1993/12/07 - Claimant Agreed to Negotiate: 1994/06/21 - Settlement Signed by Claimant: 2008/09/25 - Canada Offered to Negotiate: 2008/10/16 - Settlement Signed by Canada: 2008/11/20
Garden Hill First Nations (BAND-297) Treaty Land Entitlement Settled - Research Start Date : 1970/09/01 Settled Through Negotiations - Canada Offered to Negotiate: 1982/11/01 - Settlement Signed by Canada: 1994/03/14 Unfulfilled treaty land entitlement pursuant to Treaty 5.
God's Lake First Nation (BAND-296) Treaty Land Entitlement Settled - Research Start Date : 1978/03/09 Settled Through Negotiations - Date Legal Opinion Signed: 1982/06/11 - Canada Offered to Negotiate: 1982/11/01 Unfulfilled treaty land entitlement pursuant to - Settlement Signed By Province: 1999/05/26 Treaty 5. - Settlement Signed by Claimant: 1999/05/27 This First Nation is a signatory to the Manitoba - Settlement Signed by Canada: 1999/05/28 TLE Framework Agreement. A settlement agreement was reached on May 28, 1999.
Grand Rapids First Nation (BAND-310) Page 153 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Navigation Aid In Negotiations - Date Claim Filed: 2008/10/16 Active Negotiations - Canada Offered to Negotiate: 2009/04/24 - Pending FN's BCR Accepting to Negotiate: 2009/04/25 Grand Rapids FN claims that since 1954, there - Claimant Agreed to Negotiate: 2010/08/06 has been no formal agreement between the FN and the Coast Guard for the use of Reserve Lands for the purpose of the navigational aid.
Treaty Land Entitlement Under Assessment - Date Claim Filed: 2008/10/16 Research
Based on a calculation of the number of FN members entitled to be counted for Treaty Land Entitlement (TLE) purposes and the amount of reserve land received for TLE purposes, the Grand Rapids FN alleges that it did not receive the full amount of land promised in the Grand Rapids adhesion to Treaty 5. The claim submission alleges a shortfall of 213 acres.
Keeseekoowenin (BAND-286) 1896 Lands Settled - Research Start Date : 1980/08/08 Settled Through Negotiations - Date Litigation Became Active : 1985/09/30 - Date Legal Opinion Signed: 1991/03/20 Alleged wrongful alienation of reserve lands in - Canada Offered to Negotiate: 1991/05/30 1896 within Riding Mountain National Park. - Settlement Signed by Claimant: 1994/03/16 - Settlement Signed by Canada: 1994/03/29
1906 Lands Settled - Research Start Date : 1993/10/27 Settled Through Negotiations - Date Legal Opinion Signed: 1996/02/12 - Date Litigation Became Active : 1997/05/27 The claim relates to the expropriation in 1935 of - Canada Offered to Negotiate: 1997/05/28 the 1906 lands. - Settlement Signed by Claimant: 2004/12/16 - Settlement Signed by Canada: 2005/03/14
Treaty Land Entitlement Under Assessment - Date Claim Filed: 2008/10/16 Research
Alleged treaty land entitlement shortfall, pursuant to Treaty 2. Page 154 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Kinonjeoshtegon First Nation (BAND-268) Jackhead River Dam Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2010/12/06
(Band previous name: Jackhead) Seeks compensation for flooding on I.R. #43 & I.R. #43A, & for cutting & using logs for dam construction without consent of the FN.
Lake Manitoba (BAND-271) North-South Public Roads In Negotiations - Research Start Date : 1993/08/04 Inactive Negotiations - Date Legal Opinion Signed: 2006/02/14 - Canada Offered to Negotiate: 2008/10/16 Alleged expropriation of part of its reserve for - Negotiations Inactive: 2008/10/17 north-south public roads. - Pending FN's BCR Accepting to Negotiate: 2008/10/18
P.T.H. No. 68 In Negotiations - Research Start Date : 1993/08/04 Active Negotiations - Date Legal Opinion Signed: 2006/02/14 - Negotiations Inactive: 2008/06/28 Alleged expropriation of part of its reserve for - Canada Offered to Negotiate: 2008/10/16 P.T.H. No. 68. - Pending FN's BCR Accepting to Negotiate: 2008/10/17 - Claimant Agreed to Negotiate: 2010/05/25
Little Black River (BAND-260) Treaty Land Entitlement Concluded - Date Referred for Admin. Remedy : 1991/07/26 Resolved Through Administrative Remedy
Unfulfilled treaty land entitlement pursuant to Treaty No. 5.
Long Plain (BAND-287) 1916 Surrender - Under Assessment - Date Claim Filed: 2008/10/16 Mismanagement of Sales Legal Opinion Signed - Date Legal Opinion Signed: 2011/04/18
The First Nation alleges that the Crown breached its fiduciary obligation in its failure to adhere to the terms of the 1916 surrender. The FN alleges nine specific instances where Canada failed to discharge its duty. Page 155 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Loss of Use In Negotiations - Not Accepted for Negotiations: 1995/02/27 Active Negotiations - Date of ISCC Process/Active: 1995/04/24 - Date Litigation Became Active : 2000/08/14 FN alleges loss of use of the shortfall land, from - Date Legal Opinion Signed: 2005/04/08 1876 to 1994, promised under Treaty 1. - Claimant Agreed to Negotiate: 2006/03/07 - Canada Offered to Negotiate: 2008/10/16
Treaty Land Entitlement Settled - Research Start Date : 1978/03/09 Settled Through Negotiations - Date Legal Opinion Signed: 1982/02/18 - Canada Offered to Negotiate: 1982/11/05 Unfulfilled land entitlement pursuant to Treaty No. - Settlement Signed by Claimant: 1994/08/03 1. - Settlement Signed by Canada: 1994/08/06
Manto Sipi Cree Nation (BAND-302) Treaty Land Entitlement Settled - Research Start Date : 1978/03/09 Settled Through Negotiations - Date Legal Opinion Signed: 1982/06/11 - Canada Offered to Negotiate: 1982/11/01 (Band previous name: God's River). Unfulfilled - Settlement Signed by Claimant: 1999/05/19 treaty land entitlement pursuant to Treaty No. 5. - Settlement Signed By Province: 1999/05/26 This First Nation is a signatory to the Manitoba - Settlement Signed by Canada: 1999/05/28 TLE Framework Agreement. A settlement agreement was reached on May 28, 1999.
Marcel Colomb First Nation (BAND-328) Treaty Land Entitlement (SPLIT Concluded - Canada Offered to Negotiate: 2008/10/16 #02) Treaty Land Entitlement - File Closed - File Closed: 2008/10/17 Marcel Colomb Unfulfilled treaty land entitlement pursuant to Treaty No.6.
Mathias Colomb (BAND-311) Treaty Land Entitlement (SPLIT Settled - Canada Offered to Negotiate: 1999/03/30 #01) Treaty Land Entitlement - Settled Through Negotiations - Settlement Signed by Canada: 2003/10/01 Mathias Colomb Unfulfilled treaty land entitlement pursuant to Treaty No. 6 This First Nation is a signatory to the Manitoba TLE Framework Agreement.
Mosakahiken Cree Nation (BAND-312) Page 156 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Moose Lake IR #31A - 22.2 In Negotiations - Date Claim Filed: 2008/10/16 Acre Expropriation Inactive Negotiations - Date Legal Opinion Signed: 2009/09/03 - Canada Offered to Negotiate: 2011/05/19 The FN claims an outstanding lawful obligation by - Negotiations Inactive: 2011/05/20 Canada in respect of Canada's consenting to the - Pending FN's BCR Accepting to Negotiate: 2011/05/21 taking of the most southerly 22.2 acres of Indian Reserve #31A by the Province of Manitoba (Manitoba Hydro) between 1962 and 1970 for water control purposes, and to provide land to Métis families dislocated by the flooding project.
Nisichawayasihk Cree Nation (BAND-313) Treaty Land Entitlement Settled - Research Start Date : 1981/05/02 Settled Through Negotiations - Date Legal Opinion Signed: 1982/03/09 - Canada Offered to Negotiate: 1982/11/01 (Band previous name: Nelson House). Unfulfilled - Settlement Signed by Canada: 1998/07/30 treaty land entitlement pursuant to Treaty 5. This First Nation is a signatory to the Manitoba TLE Framework Agreement.
Northlands (BAND-317) Treaty Land Entitlement Settled - Research Start Date : 1978/06/02 Settled Through Negotiations - Date Legal Opinion Signed: 1982/02/09 - Date Litigation Became Active : 1982/11/06 Unfulfilled treaty land entitlement pursuant to - Canada Offered to Negotiate: 1994/10/24 Treaty 10. - Settlement Signed by Canada: 1999/11/09 This First Nation is a signatory to the Manitoba TLE Framework Agreement. A settlement agreement was reached on November 9, 1999.
Norway House Cree Nation (BAND-278) Norway House Indian Reserve Settled - Date Legal Opinion Signed: 2006/10/16 #17 Chiefs Island (Surrender Settled Through Negotiations - Pending FN's BCR Accepting to Negotiate: 2007/07/12 Project) - Claimant Agreed to Negotiate: 2007/08/28 The FN alleges that in August of 1928 the FN - Canada Offered to Negotiate: 2008/10/16 surrendered "Chiefs Island". In exchange they - Settlement Signed by Claimant: 2009/07/07 were promised, by the Indian Agent, land - Settlement Signed by Canada: 2009/10/01 equivalent in acreage for the area lost. To date the FN has not received the acreage for the area surrendered in 1928. Page 157 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Treaty Land Entitlement Settled - Canada Offered to Negotiate: 1982/11/01 Settled Through Negotiations - Settlement Signed by Canada: 1998/11/12
Unfulfilled treaty land entitlement pursuant to Treaty 5. This First Nation is a signatory to the Manitoba TLE Framework Agreement. A settlement agreement was reached on November 12, 1998.
O-Chi-Chak-Ko-Sipi First Nation (BAND-279) Expropriation for Provincial Concluded - Date Claim Filed: 2008/10/16 Road #481 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/05/05 - Not Accepted for Negotiations: 2010/12/03 (Band previous name: Crane River) The FN alleges that the Federal Government did not exercise its fiduciary duty in obtaining proper compensation for the band.
Opaskwayak Cree Nation (BAND-315) Agency Grounds Settled - Research Start Date : 1987/10/21 Settled Through Negotiations - Date Legal Opinion Signed: 1992/04/03 - Settlement Signed by Claimant: 2008/09/18 Alleged inappropriate administration of surrender. - Canada Offered to Negotiate: 2008/10/16 - Settlement Signed by Canada: 2008/11/20
Birch River Reserve In Negotiations - Research Start Date : 1990/12/15 Active Negotiations - Date Legal Opinion Signed: 1992/05/19 - Claimant Agreed to Negotiate: 1995/05/08 Alleged unfulfilled land exchange related to - Canada Offered to Negotiate: 2008/10/16 surrender of Birch River Reserve in 1918.
Block 23 Settled - Research Start Date : 1991/07/15 Settled Through Negotiations - Date Legal Opinion Signed: 1993/05/18 - Canada Offered to Negotiate: 1994/07/11 Alleged outstanding debt owed on terms of - Settlement Signed by Canada: 1995/03/30 original sale of Block 23. Page 158 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Block 43 Settled - Research Start Date : 1991/07/15 Settled Through Negotiations - Date Legal Opinion Signed: 1993/05/18 - Canada Offered to Negotiate: 1994/07/11 Alleged inadequate price for the south half of - Settlement Signed by Canada: 1995/03/30 Block 43 compared to the north half.
Block 49 Lots 1& 2 Settled - Research Start Date : 1991/07/25 Settled Through Negotiations - Date Legal Opinion Signed: 1993/05/18 - Canada Offered to Negotiate: 1994/07/11 Alleged loss of use of Block 49, Lots 1 and 2, due - Settlement Signed by Claimant: 1995/03/21 to its free grant to the town and the loss of the - Settlement Signed by Canada: 1995/03/30 sale.
Block 61 Settled - Research Start Date : 1991/07/27 Settled Through Negotiations - Date Legal Opinion Signed: 1993/05/18 - Canada Offered to Negotiate: 1994/07/11 Alleged loss of compensation and the lost sale - Settlement Signed by Canada: 1995/03/30 opportunity for Block 61.
Block 62-1; Lots 1-4 Settled - Research Start Date : 1992/03/19 Settled Through Negotiations - Date Legal Opinion Signed: 1994/05/27 - Canada Offered to Negotiate: 1994/07/11 Alleged losses due to loss of the sale opportunity - Settlement Signed by Canada: 1995/03/30 for Block 62-1, Lots 1 - 4.
Pasquia Dyke Settled - Research Start Date : 1984/09/07 Settled Through Negotiations - Date Legal Opinion Signed: 1987/01/24 - Canada Offered to Negotiate: 1987/02/25 Alleged taking of lands for dam. - Settlement Signed By Province: 1987/03/11 - Settlement Signed by Canada: 1987/03/12
Railway Lands Concluded - Research Start Date : 1993/12/10 No Lawful Obligation Found - Date Legal Opinion Signed: 2006/04/18 - Not Accepted for Negotiations: 2007/08/17 Seeks the return of the abandoned railway lands on its reserve. Page 159 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Streets & Lanes Concluded - Research Start Date : 1987/07/31 File Closed - Date Legal Opinion Signed: 1994/03/24 - Not Accepted for Negotiations: 1994/08/05 Alleged $2,000 improperly expended from - Date of ISCC Process/Active: 2002/10/09 account in 1912 for streets and lanes - File Closed: 2006/02/14 improvements.
Town Cemetery Settled - Research Start Date : 1986/07/23 Settled Through Negotiations - Date Legal Opinion Signed: 1991/09/09 - Canada Offered to Negotiate: 1992/07/02 Alleged failure to collect total payment for - Settlement Signed by Canada: 1994/06/07 surrendered land and right-of-way compensation.
Townsite Land Sales Block Under Assessment - Date Claim Filed: 2008/10/16 81-5; 82-4 & 5 Legal Opinion Signed - Date Legal Opinion Signed: 2011/05/13
This claim has been re-submitted. The First Nation alleges that instead of securing fair market value for surrendered lands, the land was conveyed to the Town of The Pas for a nominal price, $1.00. The land was acquired for the purpose of widening certain portions of the road system. The FN seeks compensation based on (a) the payment of the real value of the subject land and (b) payment of accumulative interest on part (a) from the time of original alienation in 1933 to the present day.
Treaty Land Entitlement Settled - Not Accepted for Negotiations: 1984/10/22 Settled Through Negotiations - Date Legal Opinion Signed: 1991/09/13 - Canada Offered to Negotiate: 1993/01/11 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 1999/01/22 Treaty 5. This FN is a signatory to the Manitoba TLE Framework Agreement. The settlement agreement was reached on January 22, 1999.
Peguis (BAND-269) Page 160 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) 1907 Surrender Settled - File Closed: 1978/10/18 Settled Through Negotiations - Research Start Date : 1995/07/17 - Date Legal Opinion Signed: 1996/03/18 Canada failed to comply with certain obligations - Claimant Agreed to Negotiate: 1998/11/02 under the surrender provisions of the 1906 Indian - Canada Offered to Negotiate: 2008/10/16 Act, rendering the 1907 surrender of the St. - Settlement Signed by Claimant: 2009/06/15 Perter's Reserve invalid. - Settlement Signed by Canada: 2010/09/27
Treaty Land Entitlement Settled - Research Start Date : 1984/06/01 Resubmission Settled Through Negotiations - Not Accepted for Negotiations: 1994/05/27 - Date of ISCC Process/Active: 1994/09/02 Unfulfilled treaty land entitlement pursuant to - Date Legal Opinion Signed: 1998/03/09 Treaty 1. - Canada Offered to Negotiate: 1998/06/29 - Settlement Signed by Claimant: 2007/09/07 - Settlement Signed By Province: 2007/10/22 - Settlement Signed by Canada: 2008/04/29
Pine Creek (BAND-282) Expropriation Road Settled - Research Start Date : 1990/10/18 Right-of-Way Settled Through Negotiations - Date Legal Opinion Signed: 1993/10/15 - Canada Offered to Negotiate: 1994/02/10 Alleged wrongful alienation of 94 acres of reserve - Settlement Signed by Claimant: 1995/03/23 land for a road right-of-way. - Settlement Signed by Canada: 1995/03/30
Navigation Aid Situated on Settled - Date Claim Filed: 2008/10/16 Reserve Land Settled Through Negotiations - Canada Offered to Negotiate: 2009/04/14 - Pending FN's BCR Accepting to Negotiate: 2009/04/15 The FN alleges an unlawful trespass by the - Claimant Agreed to Negotiate: 2009/12/02 Canadian Coast Guard for the establishment, - Settlement Signed by Claimant: 2010/11/27 operation and maintenance of navigation aids on - Settlement Signed by Canada: 2011/02/08 reserve land.
Treaty Land Entitlement Concluded - Research Start Date : 1992/12/01 No Lawful Obligation Found - Not Accepted for Negotiations: 1993/08/19
Unfulfilled treaty land entitlement pursuant to Treaty No. 4 Page 161 of 326 Report as of 2011/07/04 Status Report on Specific Claims
MANITOBA (100)
Claimant & Claim Name Current Status & Description Key Date(s) Wrongful Surrender of Duck In Negotiations - Research Start Date : 2006/05/11 Bay Reserve (Surrender Active Negotiations - Date Legal Opinion Signed: 2007/08/21 Project) - Pending FN's BCR Accepting to Negotiate: 2008/02/21 The FN alleges that the 1886 surrender of the - Claimant Agreed to Negotiate: 2008/05/21 Duck Bay Reserve was invalid, since the - Canada Offered to Negotiate: 2008/10/16 Government had wrongfully advised several band members to withdraw from Treaty before the signing of the surrender; and that these "withdrawn" band members whould in fact have been allowed to vote on the surrender agreement.
Red Sucker Lake (BAND-300) Treaty Land Entitlement Settled - Research Start Date : 1970/09/01 Settled Through Negotiations - Canada Offered to Negotiate: 1982/11/01 - Settlement Signed by Canada: 1994/03/14 Unfulfilled treaty land entitlement pursuant to Treaty 5.
Rolling River (BAND-291) Encroachment - Hydro Trans. Concluded - Date Referred for Admin. Remedy : 2000/05/02 Line File Closed - Research Start Date : 2009/04/01 - File Closed: 2009/11/17 Alleged unlawful encroachment by hydro transmission line since 1959 and inadequate compensation.
Hydro Line Encroachment Under Assessment - Date Claim Filed: 2010/10/06 Research - Research Start Date : 2010/10/07
Alleges unlawful taking of reserve land for public purpose by Manitoba Hydro in 1959 for the construction of a transmission line without adequate compensation.
Road Right-of-Way Settled - Research Start Date : 1992/08/31 Expropriation Settled Through Negotiations - Date Legal Opinion Signed: 1997/11/26 - Canada Offered to Negotiate: 1998/04/15 Alleged improper expropriation for a road right of - Settlement Signed by Claimant: 2008/07/08 way. - Settlement Signed by Canada: 2008/09/03 Page 162 of 326 Report as of 2011/07/04 Status Report on Specific Claims
MANITOBA (100)
Claimant & Claim Name Current Status & Description Key Date(s) Treaty Land Entitlement Settled - Research Start Date : 1981/05/02 Settled Through Negotiations - Date Legal Opinion Signed: 1984/04/02 - Canada Offered to Negotiate: 1984/05/14 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 1998/03/06 Treaty 4. This First Nation is a signatory to the Manitoba TLE Framework Agreement. A settlement agreement was reached on March 6, 1998.
Roseau River Anishinabe First Nation Government (BAND-273) 1903 Surrender - Band Funds In Negotiations - Research Start Date : 1997/01/31 Mismanagement Active Negotiations - Not Accepted for Negotiations: 2001/07/30 - Date of ISCC Process/Active: 2001/08/29 Concerns the validity of the 1903 surrender of a - Date Legal Opinion Signed: 2008/02/29 portion of Roseau River reserve No. 2 involving a - Pending FN's BCR Accepting to Negotiate: 2008/04/04 joint research project under the auspices of the - Claimant Agreed to Negotiate: 2008/05/02 ISCC. Originally the claim dealt with illegal - Canada Offered to Negotiate: 2008/10/16 improper administration of the proceeds of the surrender.
Medical Benefits - Treaty 1 Concluded - Research Start Date : 1982/05/17 File Closed - Date Legal Opinion Signed: 1984/02/09 - Not Accepted for Negotiations: 1984/07/12 Claimed for compensation of medical aid - Date of ISCC Process/Active: 1997/06/19 promised in the Treaty. - File Closed: 2003/09/18
Treaty Land Entitlement Settled - Research Start Date : 1978/03/09 Settled Through Negotiations - Date Legal Opinion Signed: 1982/10/20 - Canada Offered to Negotiate: 1982/11/05 Unfulfilled treaty land entitlement pursuant to - Date Litigation Became Active : 1994/01/17 Treaty 1. - Settlement Signed by Claimant: 1996/03/14 - Settlement Signed by Canada: 1996/03/29
Sandy Bay (BAND-283) Treaty Land Entitlement Concluded - Date Legal Opinion Signed: 1984/11/21 File Closed - Not Accepted for Negotiations: 1985/01/03 - Date of ISCC Process/Active: 1998/05/27 Unfulfilled treaty land entitlement pursuant to - File Closed: 2008/06/07 Treaty No. 1.
Sapotaweyak Cree Nation (BAND-314) Page 163 of 326 Report as of 2011/07/04 Status Report on Specific Claims
MANITOBA (100)
Claimant & Claim Name Current Status & Description Key Date(s) 1954 & 1955 Surrenders Settled - Research Start Date : 1990/11/21 Settled Through Negotiations - Date Legal Opinion Signed: 1992/01/14 - Canada Offered to Negotiate: 1993/08/26 (Formerly: Shoal River Indian Band) Alleged a - Settlement Signed by Claimant: 1998/05/01 failure to compensate for lands surrendered for - Settlement Signed by Canada: 1998/07/08 public purposes in 1954 and 1955.
Navigation Aid on Reserve Settled - Date Claim Filed: 2008/10/16 Land Settled Through Negotiations - Canada Offered to Negotiate: 2009/04/24 - Pending FN's BCR Accepting to Negotiate: 2009/04/26 (Formerly: Shoal River Indian Band) Land taken - Claimant Agreed to Negotiate: 2010/04/06 for use of navigation aid without permission by the - Settlement Signed by Claimant: 2010/09/09 Canadian Coast Guard. No compensation given. - Settlement Signed by Canada: 2010/12/10 Canada alleged to have breached lawful and fiduciary duties and obligations. First Nation seeks compensation for loss and/or damages.
Treaty Land Entitlement Settled - Research Start Date : 1978/03/09 Settled Through Negotiations - Date Legal Opinion Signed: 1984/04/02 - Canada Offered to Negotiate: 1984/05/14 (Formerly: Shoal River Indian Band) Unfulfilled - Settlement Signed by Claimant: 1998/07/28 treaty land entitlement pursuant to Treaty 4. - Settlement Signed By Province: 1998/07/29 Signatory to the Manitoba TLE Framework - Settlement Signed by Canada: 1998/07/30 Agreement. A settlement agreement was reached on July 30, 1998.
Sayisi Dene First Nation (BAND-303) Treaty Land Entitlement Concluded - Research Start Date : 1978/03/09 File Closed - Date Legal Opinion Signed: 1982/01/19 - Canada Offered to Negotiate: 1982/11/05 Unfulfilled treaty land entitlement pursuant to - Date Litigation Became Active : 1993/03/30 Treaty No. 5. This First Nation is a signatory to the - Negotiations Inactive: 1997/05/31 Manitoba TLE Framework Agreement. - File Closed: 2008/10/31
Shamattawa First Nation (BAND-307) Treaty Land Entitlement Concluded - Research Start Date : 1978/03/09 File Closed - Date Legal Opinion Signed: 1982/01/19 - Canada Offered to Negotiate: 1982/11/05 Unfulfilled treaty land entitlement pursuant to - Negotiations Inactive: 1997/05/31 Treaty No. 5. This First Nation is a signatory to the - File Closed: 2008/10/31 Manitoba TLE Framework Agreement. Page 164 of 326 Report as of 2011/07/04 Status Report on Specific Claims
MANITOBA (100)
Claimant & Claim Name Current Status & Description Key Date(s)
Sioux Valley Dakota Nation (BAND-290) Woodlot Claim Concluded - Research Start Date : 1992/10/01 No Lawful Obligation Found - Date Legal Opinion Signed: 1995/09/14 - Not Accepted for Negotiations: 1999/01/05 Alleged unlawful alienation of wood lot 'reserve'.
Skownan First Nation (BAND-281) 1938 Surrender Concluded - Date Legal Opinion Signed: 1993/07/06 File Closed - Canada Offered to Negotiate: 2008/10/16 - File Closed: 2008/10/17 (Band previous name: Waterhen) Alleged improper use of reserve land without compensation and improper surrender of reserve land in 1938.
St. Theresa Point (BAND-298) Treaty Land Entitlement Settled - Research Start Date : 1970/09/01 Settled Through Negotiations - Canada Offered to Negotiate: 1982/11/01 - Settlement Signed by Canada: 1994/03/14 Unfulfilled treaty land entitlement pursuant to Treaty 5.
Swan Lake (BAND-293) Treaty Land Entitlement Settled - Research Start Date : 1978/03/09 Settled Through Negotiations - Canada Offered to Negotiate: 1979/06/18 - Date Legal Opinion Signed: 1991/10/07 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Claimant: 1995/03/29 Treaty 1. - Settlement Signed by Canada: 1995/03/30 - Settlement Signed By Province: 1995/05/01
Tataskweyak Cree Nation (BAND-306) Treaty Land Entitlement Under Assessment - Date Claim Filed: 2008/10/16 Research
(Band previous name: Split Lake Cree - name change on April 3, 2001). Claimant alleges a Treaty Land Entitlement shortfall.
Tootinaowaziibeeng Treaty Reserve (BAND-292) Page 165 of 326 Report as of 2011/07/04 Status Report on Specific Claims
MANITOBA (100)
Claimant & Claim Name Current Status & Description Key Date(s) 1905 Railway Expropriation Under Assessment - Date Claim Filed: 2008/10/16 Justice Department Preparing Legal Opinion - Research Start Date : 2008/10/17
FN claims that it did not consent to nor receive adequate compensation for lands taken by CNR in 1905 & 1908 for railway purposes (ballast pit and station grounds). Claim land was sold rather than returned to FN when no longer required for railway purposes in 1939. No allegations concerning the 82.5 railway r-o-w also taken (may follow).
War Lake First Nation (BAND-323) Treaty Land Entitlement Settled - Date Legal Opinion Signed: 1990/08/13 Settled Through Negotiations - Canada Offered to Negotiate: 1991/09/05 - Research Start Date : 1991/09/06 Unfulfilled treaty land entitlement pursuant to - Settlement Signed By Province: 1999/05/26 Treaty 5. Signatory to the Manitoba TLE - Settlement Signed by Claimant: 1999/05/27 Framework Agreement. - Settlement Signed by Canada: 1999/05/28
Wasagamack First Nation (BAND-299) Treaty Land Entitlement Settled - Research Start Date : 1970/09/01 Settled Through Negotiations - Canada Offered to Negotiate: 1982/11/01 - Settlement Signed by Canada: 1994/03/14 Unfulfilled treaty land entitlement pursuant to Treaty 5.
Waywayseecappo First Nation Treaty Four - 1874 (BAND-285) 1881 Surrender (Surrender Other - File Closed: 2001/10/29 Project) Active Litigation - Date Legal Opinion Signed: 2006/05/15 - Pending FN's BCR Accepting to Negotiate: 2007/01/05 Alleged 1881 surrender of reserve is invalid based - Claimant Agreed to Negotiate: 2007/03/19 on analysis suggesting an insufficient number of - Canada Offered to Negotiate: 2008/10/16 eligible members voted. - Date Litigation Became Active : 2009/07/24
Location of Reserve Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/08/13 - Not Accepted for Negotiations: 2010/12/24 Alleged reserve lands were improperly located. Page 166 of 326 Report as of 2011/07/04 Status Report on Specific Claims
MANITOBA (100)
Claimant & Claim Name Current Status & Description Key Date(s) Sufficiency of Reserve Lands Concluded - File Closed: 1997/11/28 File Closed
Alleged reserve lands are insufficient.
Wuskwi Sipihk First Nation (BAND-324) Treaty Land Entitlement Settled - Research Start Date : 1978/03/09 Settled Through Negotiations - Date Legal Opinion Signed: 1984/04/02 - Canada Offered to Negotiate: 1984/05/14 (Band previous name: Indian Birch). Unfulfilled - Settlement Signed by Claimant: 1998/07/15 treaty land entitlement pursuant to Treaty No. 4. - Settlement Signed By Province: 1998/07/16 Signatory to the Manitoba TLE Framework - Settlement Signed by Canada: 1998/07/17 Agreement.
York Factory First Nation (BAND-304) Treaty Land Entitlement Concluded - Research Start Date : 1978/03/02 File Closed - Date Legal Opinion Signed: 1982/01/04 - Canada Offered to Negotiate: 1982/11/05 Unfulfilled treaty land entitlement pursuant to - Negotiations Inactive: 1997/05/31 Treaty 5. - File Closed: 2008/10/31 This First Nation is a signatory to the Manitoba TLE Framework Agreement. Page 167 of 326 Report as of 2011/07/04 Status Report on Specific Claims
NEW BRUNSWICK (30)
Claimant & Claim Name Current Status & Description Key Date(s) Buctouche (BAND-004) Aboushagan Reserve Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/12/01 - Not Accepted for Negotiations: 2010/08/06 The Crown breached its fiduciary duty and lawful obligation by failing to prevent dismemberment of reserve through private sales and squatting; and by failing to either recover the reserve or compensate beneficiaries for its loss.
Cocagne Island Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/12/01 - Not Accepted for Negotiations: 2010/08/06 Alleged illegal disposition of the Cocagne Island Reserve by the Crown in 1850.
Establishment of Buctouche Concluded - Date Claim Filed: 2008/10/16 Indian Reserve No Lawful Obligation Found - Date Legal Opinion Signed: 2009/12/01 - Not Accepted for Negotiations: 2010/08/06 This claim relates to the original creation date and size of the Buctouche IR No. 16. The FN alleges the reserve was originally a 4 mile by 8 mile tract in 1802.
Eel Ground (BAND-007) 1946 Surrender - Pipeline Right In Negotiations - Date Legal Opinion Signed: 2003/01/03 of Way Active Negotiations - Canada Offered to Negotiate: 2008/10/16
The FN made a general submission in 1976 and a more detailed submission in 1984. The FN decided to re-submit in 1997. The claimant alleges that the surrender was invalid as certain procedures were not complied with, and even if the surrender was valid, its conditions were not fulfilled such that the transactions pursuant there to were null and void. The FN also alleged in the 1997 submission that DIAND breached its fiduciary duty to the FN and is liable for the damages. This last allegation was not part of the previous submissions. Page 168 of 326 Report as of 2011/07/04 Status Report on Specific Claims
NEW BRUNSWICK (30)
Claimant & Claim Name Current Status & Description Key Date(s) Eel River Bar First Nation (BAND-008) Loss of 180 acres Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2009/08/06
Claimants allege that between 1842 and 1867, some 180 acres were alienated from the Eel River Bar Reserve without surrender.
Sand and gravel In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Date Legal Opinion Signed: 2010/03/31 - Canada Offered to Negotiate: 2011/05/17 Claimants allege that removal of sand and gravel - Negotiations Inactive: 2011/05/18 from the reserve in 1910 and again between - Pending FN's BCR Accepting to Negotiate: 2011/05/19 1925-30, caused damage to the reserve and was done without proper consent; also allege that 1929 surrender of rights to sand on the reserve was null and void.
UNBI - Flooding Concluded - Research Start Date : 1992/04/30 File Closed - Date Legal Opinion Signed: 1995/06/13 - Not Accepted for Negotiations: 1995/06/16 This claim was originally submitted in 1987 and - Date of ISCC Process/Active: 1995/09/28 resubmitted in 1992 and 1995. FN alleges the - File Closed: 1997/12/20 following: an outstanding land entitlement of 180 acres, delay in adding lands to the reserve, fraud by DIA officials in obtaining the 1970 compensation agreement, invalid expropriation of lands for the dam, and a further invalid expropriation of 4.86 acres in 1978. As a result of the construction of the dam, the NF further alleges they suffered social, psychological and economic damage.
Elsipogtog First Nation (BAND-003) 1879 Surrender - 1880 Order in Settled - Date Legal Opinion Signed: 1984/08/04 Council Settled Through Negotiations - Canada Offered to Negotiate: 1985/11/15 - Settlement Signed by Claimant: 1987/12/14 (Band previous name: Big Cove) Alleged - Settlement Signed by Canada: 1988/08/30 alienation of 203 HA. of reserve land without adherence to land sales stipulations of the 1879 surrender and 1880 order in council. Page 169 of 326 Report as of 2011/07/04 Status Report on Specific Claims
NEW BRUNSWICK (30)
Claimant & Claim Name Current Status & Description Key Date(s)
Fort Folly (BAND-009) IR #27 - 1966 Concluded - Research Start Date : 1998/10/01 No Lawful Obligation Found - Date Legal Opinion Signed: 2005/08/31 - Not Accepted for Negotiations: 2006/10/27 FN alleges that the sale of IR #27 in 1966 was unlawful without first obtaining a surrender.
Indian Island (BAND-010) Richibucto Island Concluded - File Closed: 1975/10/16 File Closed
Alleged ownership of Richibucto Island on the basis of long unchallenged occupancy, that the island is the traditional camping ground for the FN and it has been reclaimed by the FN with no objection made by anyone regarding the said occupation.
Kingsclear (BAND-011) 1.08 Acres Land Concluded - Date Legal Opinion Signed: 1986/10/07 No Lawful Obligation Found - Not Accepted for Negotiations: 1987/01/21
Alleged that the St. John & Quebec Railway Co. took possession of 1.08 acres of land prior to the 1914 Order-in-Council which authorized sale of land. This, allegedly, contravened the 1906 Indian Act. Further, the FN alleged that it had rights in the water contained in the pipeline running across the abandoned railway right-of-way by virture of the 'savings' clause in the Letters Patent and this should be reverted to the FN.
Madawaska Maliseet First Nation (BAND-006) Alienation of Reserve Lands Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2009/01/13
Claimants allege reserve land was illegally alienated from the reserve between the 1790s and 1850s. Page 170 of 326 Report as of 2011/07/04 Status Report on Specific Claims
NEW BRUNSWICK (30)
Claimant & Claim Name Current Status & Description Key Date(s) St-Basile - Pipeline R/W Settled - Date Referred for Admin. Remedy : 1988/06/06 Settled Through Negotiations - Research Start Date : 1998/10/26 - Date Legal Opinion Signed: 2003/07/03 Claimants allege that 7.88 acres of reserve land - Canada Offered to Negotiate: 2006/03/13 taken in 1870 by NB Railway (succeeded by - Settlement Signed by Claimant: 2008/01/31 CPR), then abandoned as railway land in 1936, - Settlement Signed by Canada: 2008/03/28 should have been returned to the FN and not leased (in 1970) to Fraser Co. for pipeline and 3.8 acres of reserve land taken for a Railway should have been returned to the FN.
Metepenagiag Mi'kmaq Nation (BAND-014) 1844 Act Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2011/05/04 (Band previous name: Red Bank). The 1844 claim was chosen as the subject of a pilot joint research project in May 1996. The issue involves the enactment in 1844, by the Colonial Government, of a statute which allowed for the sale of reserve lands to squatters.
1895 Surrender In Negotiations - File Closed: 1989/07/10 Active Negotiations - Research Start Date : 1998/09/01 - Date Legal Opinion Signed: 2004/09/08 (Band previous name: Red Bank). The second - Pending FN's BCR Accepting to Negotiate: 2005/09/13 claim of the Red Bank Joint Research pilot - Claimant Agreed to Negotiate: 2007/04/26 project. This joint research pilot project will - Canada Offered to Negotiate: 2008/10/16 re-examine the terms and conditions of the 1895 surrender of parts of IR #4, IR #7, Big Hole Tract and Indian Point.
1974 Squatter Removal Settled - Date Claim Filed: 2008/10/16 Settled Through Negotiations - Canada Offered to Negotiate: 2009/01/13 - Pending FN's BCR Accepting to Negotiate: 2009/01/14 (Band previous name: Red Bank). The fourth - Claimant Agreed to Negotiate: 2009/04/15 claim in the Red Bank Joint Research Pilot - Settlement Signed by Claimant: 2010/03/25 Project. This project will provide research and - Settlement Signed by Canada: 2010/08/20 analysis on approximately 29 non-Indian families who were removed from unsurrendered lands located at Red Bank Reserve No. 4. Page 171 of 326 Report as of 2011/07/04 Status Report on Specific Claims
NEW BRUNSWICK (30)
Claimant & Claim Name Current Status & Description Key Date(s)
Addit. Removals to 1974 Concluded - Date Claim Filed: 2008/10/16 Squatter Removal No Lawful Obligation Found - Not Accepted for Negotiations: 2009/01/13
(Band previous name: Red Bank). The sixth claim in the Red Bank Joint Research pilot Project. This joint research project will collect and complete research as an addendum to the 1974 Removal report. It will cover the history of the non-Indian occupation of village lots at Red Bank and the removal of those parties.
Fishing Lease Settled - File Closed: 1989/07/03 Settled Through Negotiations - Canada Offered to Negotiate: 1994/03/22 - Date Legal Opinion Signed: 1994/05/02 (Band previous name: Red Bank). Alleged breach - Settlement Signed by Canada: 1994/08/25 of trust concerning the management and letting of portions of Big Hole Tract reserve for fishing purposes from 1892 - 1986.
Hosford Lot Settled - Research Start Date : 1999/07/01 Settled Through Negotiations - Date Legal Opinion Signed: 2000/11/02 - Canada Offered to Negotiate: 2001/01/22 (Band previous name: Red Bank). The third claim - Settlement Signed by Canada: 2007/10/18 in the Red Bank Joint Research pilot project. The Hosford Lot was allegedly never surrendered, but patented to a non-Indian in 1906, and thus unlawfully alienated from the FN.
I.R. #7 Settled - Date Legal Opinion Signed: 1998/05/05 Settled Through Negotiations - Canada Offered to Negotiate: 1998/09/03 - Settlement Signed by Canada: 2007/10/18 (Band previous name: Red Bank). Alleged that approximately 64.2 acres were illegally alienated from Lots 1 to 7, located on I.R.#7 , in 1904 and seeking the return of the lands, or compensation and loss of use. Page 172 of 326 Report as of 2011/07/04 Status Report on Specific Claims
NEW BRUNSWICK (30)
Claimant & Claim Name Current Status & Description Key Date(s) Loss of Use - Big Hole Tract Settled - Research Start Date : 1993/03/19 Settled Through Negotiations - Date Legal Opinion Signed: 1993/10/28 - Canada Offered to Negotiate: 1994/03/22 (Band previous name: Red Bank). Alleged loss of - Settlement Signed by Claimant: 1994/07/18 use of land (1843 and 1877) owing to long term - Settlement Signed by Canada: 1994/08/25 non-Indian occupation of Big Hole Tract I.R. No. 8.
Lots A - B - 1 Concluded - Research Start Date : 2000/01/14 No Lawful Obligation Found - Date Legal Opinion Signed: 2004/07/12 - Not Accepted for Negotiations: 2006/08/14 (Band previous name: Red Bank). Alleged invalid Grant for Lot A and invalid Letters Patent for Lots B and 1.
Public Roads and Utilities: Under Assessment - Date Claim Filed: 2008/10/16 ROW Justice Department Preparing Legal Opinion
(Band previous name: Red Bank). Alleged breach of Canada's fiduciary obligation to protect FN's interests in pre- and post-confederation takings of reserve lands for public roads and utilities right-of-ways without authority and compensation to the FN.
Oromocto (BAND-012) Camp Gagetown - Oromocto Settled - Date Legal Opinion Signed: 1982/09/27 Point 1953 Settled Through Negotiations - Canada Offered to Negotiate: 1982/10/19 - Settlement Signed by Canada: 1983/07/12 Alleged improper surrender of 29 HA. at - Settlement Signed by Claimant: 1983/07/13 Oromocto Point in 1953 for DND use (Camp Gagetown).
Pabineau (BAND-013) Gould Island Concluded - Research Start Date : 2008/10/17 File Closed - File Closed: 2009/07/13 Page 173 of 326 Report as of 2011/07/04 Status Report on Specific Claims
NEW BRUNSWICK (30)
Claimant & Claim Name Current Status & Description Key Date(s) FN alleges that Gould Island was always part of Pabineau Reserve, at least 30 years before its purchase by federal govt for Bathurst Band. FN also alleges that 1927 surrender and subsequent sale were void since no OinC was issued to establish the reserve, or in the alternative, that the conditions of the Indian Act were not met in this surrender.
Tobique (BAND-016) 1892 Surrender (Surrender In Negotiations - File Closed: 1988/03/25 Project) Active Negotiations - Research Start Date : 2002/08/31 - Date Legal Opinion Signed: 2006/03/15 This is the first claim submitted in a Joint - Pending FN's BCR Accepting to Negotiate: 2008/05/24 Research Project that comenced on July 3, 2002, - Claimant Agreed to Negotiate: 2008/06/05 between SCB, Region and the First Nation. This - Canada Offered to Negotiate: 2008/10/16 claim involves the validity of an 1892 Surrender for 12,000 acres below the Tobique River. The First Nation claims that the surrender is void because: 1. There was no Order in Council accepting the surrender, and 2. The signatures were forged.
Union of New Brunswick Indians (ASSCTN) Bouctouche I.R. #16 - Concluded - Date Referred for Admin. Remedy : 1978/04/24 Squatters Resolved Through Administrative Remedy
UNBI requested eviction of squatters occupying and using land reserved for FN.
St Croix and Canous Indian Concluded - Date Legal Opinion Signed: 1976/01/16 Reserves File Closed - Not Accepted for Negotiations: 1976/05/31 - File Closed: 2007/10/29 It is alleged that the Canous and St Croix reserves were unlawfully sold without surrender. The Department maintained that there were no longer any Indians living in the area from which to take a surrender. The Canous Reserve was sold in 1936 and the St. Croix Reserve was transferred to New Brunswick in 1944. It is also alleged that Timber was unlawfully taken from the reserves. Page 174 of 326 Report as of 2011/07/04 Status Report on Specific Claims
NEW BRUNSWICK (30)
Claimant & Claim Name Current Status & Description Key Date(s)
St. Ann's Point - UNBI Concluded - Date Legal Opinion Signed: 1973/08/15 Resolved Through Administrative Remedy - Not Accepted for Negotiations: 1973/11/14 - Date Referred for Admin. Remedy : 1983/05/27 UNBI sought return of 1.6 HA. of land originally reserved in 1779 as Indian burial ground.
Woodstock (BAND-017) 1904 Surrender - I.R. 23 Settled - Date Legal Opinion Signed: 1984/08/29 Settled Through Negotiations - Canada Offered to Negotiate: 1984/11/19 - Settlement Signed by Claimant: 2008/02/13 Alleged 1904 land surrender invalid, and claimed - Settlement Signed by Canada: 2008/03/13 damages for land flooded in 1966. Page 175 of 326 Report as of 2011/07/04 Status Report on Specific Claims
NORTHWEST TERRITORIES (11)
Claimant & Claim Name Current Status & Description Key Date(s) Deninu K'ue First Nation (BAND-762) Treaty Land Entitlement Concluded - Research Start Date : 1992/03/01 Resolved Through Administrative Remedy - Date Referred for Admin. Remedy : 1996/11/01
Unfulfilled treaty land entitlement pursuant to Treaty No. 8.
K'atlodeeche First Nation (BAND-761) M. O. T. Site Concluded - Research Start Date : 1996/11/05 File Closed - Date Legal Opinion Signed: 2000/03/03 - Date Litigation Became Active : 2002/03/06 Hay River Band has raised issues relating to - File Closed: 2008/07/01 compensation, access, reduction of area and contracts issued by MOT relating to the site.
Private Lots Concluded - File Closed: 2000/09/19 No Lawful Obligation Found - Not Accepted for Negotiations: 2008/11/25
First Nation alleges that when the reserve was created in 1973, DIAND promised that Canada would acquire twenty privately owned lots and Canada would add those lots to reserve. From 1974 to 1976, Canada acquired nine lots, but the First Nation alleges that no further action has been taken to acquire the remaining eleven lots. FN's request to have special sites preserved solely for FN use, at the time of reserve creation, was ignored.
Reserve Creation Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2008/11/25
The First Nation alleges it requested certain fishing and camping sites to be set aside at the time of reserve creation. The First Nation maintains that those sites were meant to be part of its reserve; however, none of those specific sites have been set aside for the First Nation's benefit. Page 176 of 326 Report as of 2011/07/04 Status Report on Specific Claims
NORTHWEST TERRITORIES (11)
Claimant & Claim Name Current Status & Description Key Date(s) Treaty 8 Agricultural Benefits In Negotiations - Date Claim Filed: 2008/10/16 Active Negotiations - Date Legal Opinion Signed: 2009/01/12 - Canada Offered to Negotiate: 2009/03/04 Failure to provide agricultural benefits pursuant to - Pending FN's BCR Accepting to Negotiate: 2009/03/06 Treaty No. 8. - Claimant Agreed to Negotiate: 2009/03/20
Treaty Land Entitlement In Negotiations - Research Start Date : 2001/02/05 Active Negotiations - Claimant Agreed to Negotiate: 2006/01/20 - File Closed: 2007/12/20 Allege that the Crown failed to set aside the full - Canada Offered to Negotiate: 2008/10/16 land entitlement and as the land entitlement has - Pending FN's BCR Accepting to Negotiate: 2009/03/12 not been satisfied, the Treaty Land Entitlement should be based on current population. Also allege that an additional area of 200 sq. miles would be allotted to the FN; certain traditional sites would be included in these lands.
Vale Island Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2008/12/22
First Nation alleges that between the years of 1947 - 1949, the department of Mines and Resources forced the First Nation to become dispossessed of 397 acres of land deemed reserved for them by the surveyor general in 1926.
Lutsel K'e Dene First Nation (BAND-764) Treaty Land Entitlement Concluded - Research Start Date : 1992/03/01 Resolved Through Administrative Remedy - Date Referred for Admin. Remedy : 1996/11/01
Unfulfilled treaty land entitlement pursuant to Treaty No. 8.
Salt River First Nation #195 (BAND-759) Treaty Land Entitlement Settled - Date Legal Opinion Signed: 2000/02/09 Settled Through Negotiations - Canada Offered to Negotiate: 2000/06/07 - Settlement Signed by Claimant: 2002/01/15 Unfulfilled obligation for lands and economic - Settlement Signed By Province: 2002/01/17 benefits pursuant to Treaty No. 8 - Settlement Signed by Canada: 2002/03/26 Page 177 of 326 Report as of 2011/07/04 Status Report on Specific Claims
NORTHWEST TERRITORIES (11)
Claimant & Claim Name Current Status & Description Key Date(s) Smith's Landing First Nation (BAND-477) Treaty Land Entitlement Settled - Settlement Signed by Claimant: 2000/02/28 Settled Through Negotiations - Settlement Signed By Province: 2000/03/30 - Settlement Signed by Canada: 2000/03/31 Unfulfilled obligation for lands and economic benefits pursuant to Treaty No. 8
Yellowknives Dene First Nation (BAND-763) Treaty Land Entitlement Concluded - Research Start Date : 1992/03/01 Resolved Through Administrative Remedy - Date Referred for Admin. Remedy : 1996/11/01
Unfulfilled treaty land entitlement pursuant to Treaty No. 8. Page 178 of 326 Report as of 2011/07/04 Status Report on Specific Claims
NOVA SCOTIA (31)
Claimant & Claim Name Current Status & Description Key Date(s) Acadia (BAND-018) Clyde River Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/12/07 - Not Accepted for Negotiations: 2010/03/31 Involved the removal of squatters and restoration of reserve lands allegedly conveyed to Canada in 1867 by S. Fairbanks.
Ponhook I.R. #10 Settled - Date Legal Opinion Signed: 1984/07/13 Settled Through Negotiations - Canada Offered to Negotiate: 1985/07/23 - Settlement Signed by Canada: 2002/10/25 Alleged illegal alienation of two reserve lots (1 and 2 in 1871), including a burial ground which was flooded & alleged intermittent loss of use of two other lots (lots 3 and 4) and breach of trust.
Roseway Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/01/22 - Not Accepted for Negotiations: 2010/06/23 Alleged that some 300 acres of land, lost through various actions, should still retain reserve status.
Annapolis Valley (BAND-020) 423 Acres - 1985 Concluded - Date Legal Opinion Signed: 1987/05/19 No Lawful Obligation Found - Not Accepted for Negotiations: 1988/09/08
FN sought the recovery of 423 acres of land of Horton I.R. allegedly lost when FN separated in 1985 from Horton FN.
Alienation of 137 Acres of St. Under Assessment - Date Claim Filed: 2009/11/12 Croix Reserve IR #34 Justice Department Preparing Legal Opinion - Research Start Date : 2009/11/13
Alleges that 100 acres of IR #34 was alienated by a grant to F. Ellerhausen in 1866 and that 37 acres were further alienated through a survey in 1870 and alleges trespassing, encroaching and removal of timber on the 37 acres.
Bear River (BAND-021) Page 179 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) 5.69 Acres - 1922 Concluded - Date Referred for Admin. Remedy : 1977/11/01 Resolved Through Administrative Remedy
Alleged illegal surrender of 5.69 acres to the NS Power Commission in 1922.
Bear River Pipeline - Aqua duct Concluded - Date Claim Filed: 2008/10/16 - ROW No Lawful Obligation Found - Date Legal Opinion Signed: 2009/04/30 - Not Accepted for Negotiations: 2009/10/13 Alleges that Canada breached its fiduciary and legal obligations to the FN with respect to events surrounding the expropriation of approx. 6 acres of Reserve land in 1952 for the construction of a pipeline by the Nova Scotia Power Commission Ltd.
Chapel Island First Nation (BAND-022) 1867 Surrender Concluded - File Closed: 1988/04/15 File Closed
Alleged alienation of 48 acres of land from Chapel Island I.R. 5 without surrender in 1867.
1923 lease from 1922 to Concluded - File Closed: 1991/01/14 present File Closed
Alleged loss of lease revenues resulting from cancellation, for non-payment of rent, of 1923 lease from 1922 to present.
200 Acres Lot Concluded - Date Referred for Admin. Remedy : 1982/09/14 Resolved Through Administrative Remedy
Alleged 200 acre lot purchased by the FN in 1964, should have reserve status and be exempt from taxes. Page 180 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Expropriation Concluded - File Closed: 1988/04/15 File Closed
Claimed compensation for alleged losses (expropriated non-Indian lands), resulting from the maritime centralization program.
Right-of-Way Concluded - Date Referred for Admin. Remedy : 1982/09/14 Resolved Through Administrative Remedy
FN alleges that no final settlement or ongoing compensation was paid for a right-of-way permit issued to the NS Commission in 1966.
Trespass Concluded - Date Referred for Admin. Remedy : 1982/09/14 Resolved Through Administrative Remedy
FN alleged that the NS Power Corporation established a sub-power station on the Chapel Island Reserve without its authorization and is in trespass. FN claimed compensation for loss of use and occupancy of land.
Kejimkujik Assn (ASSCTN) Kejimkujik Land Concluded - Date Legal Opinion Signed: 1991/04/03 File Closed - Canada Offered to Negotiate: 2008/10/16 - Negotiations Inactive: 2008/10/17 UNSI asked the Crown returns 3 unsold - Pending FN's BCR Accepting to Negotiate: 2008/10/18 surrendered lots to reserve status, and - File Closed: 2011/01/26 compensates the Micmacs of NS for loss of use from either 1906 when the land was taken by surrender, or 1963, when it was expropriated for the Kejimkujik National Park.
Kejimkujik Timber Concluded - Research Start Date : 1996/03/25 File Closed - Date Legal Opinion Signed: 1999/04/27 - Canada Offered to Negotiate: 2008/10/16 Alleged inadequate compensation for sale of - Negotiations Inactive: 2008/10/17 timber on lands surrendered for leasing in 1908. - Pending FN's BCR Accepting to Negotiate: 2008/10/18 Timber resources surrendered in 1917. - File Closed: 2011/01/26 Page 181 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Membertou (BAND-026) Sydney - DND Expropriation Concluded - Date Legal Opinion Signed: 1975/02/10 File Closed - Canada Offered to Negotiate: 2008/10/16 - File Closed: 2008/10/17 Alleged reserves lands (2.6 acres) were appropriated by DND for defense purposes without compensation.
Sydney - Railway Concluded - Date Legal Opinion Signed: 1974/07/30 No Lawful Obligation Found - Not Accepted for Negotiations: 1974/10/18
FN alleges they did not receive compensation, between 1888 - 1903, for a .66 acre railway right-of-way across their reserve.
Millbrook (BAND-027) Duncan MacMillan / Sheet In Negotiations - Date Claim Filed: 2008/10/16 Harbour Active Negotiations - Research Start Date : 2009/04/17 - Date Legal Opinion Signed: 2010/06/11 The FN alleges: incorrect survey of Sheet Harbour - Canada Offered to Negotiate: 2011/02/21 IR# 36, resulting in a loss of 5.75-6 acres; failure to remove trespassers and restore land to reserve status; timber trespass and removal of fill; failure to provide funding for legal services.
Millbrook / Shubenacadie Claimants (ASSCTN) 1919 Surrender - CMM In Negotiations - Research Start Date : 2005/09/22 (Surrender Project) Active Negotiations - Date Legal Opinion Signed: 2006/12/20 - Canada Offered to Negotiate: 2008/10/16 CMM on behalf of Shubenacadie and Millbrook - Pending FN's BCR Accepting to Negotiate: 2009/10/17 FN alleged unlawful surrender and sale of - Claimant Agreed to Negotiate: 2009/12/07 Sambro, Ingram River and Ship Harbour Lake Indian Reserves in 1919.
Middle Stewiacke Licence of Concluded - Date Claim Filed: 2008/10/16 Occupation No Lawful Obligation Found - Date Legal Opinion Signed: 2009/12/01 - Not Accepted for Negotiations: 2010/08/06 Page 182 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) A licence of occupation for 2560 acres was granted to certain Mi'kmaq at Middle Stewiacke in the late 18th century. The claimants allege that these lands were subsequently unlawfully alienated.
Paq'tnkek First Nation (BAND-019) Highway Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/05/25
(Band previous name: Afton) Alleged loss of use of lands from Afton and Pomquet I.R. taken in 1965 for highway right-of-way. FN alleged province did not meet conditions required to provide access roads when reserve lands were made available for highway purposes.
Loss of Reserve Land Peter Under Assessment - Date Claim Filed: 2009/12/02 McChesney Grant Justice Department Preparing Legal Opinion - Research Start Date : 2009/12/03
Alleges an illegal disposition of unsurrendered reserve lands; the 1827 Crown grant to Peter McChesney is a breach of fiduciary duty.
Pomquet - CMM Concluded - Date Litigation Became Active : 1991/04/29 File Closed - Research Start Date : 2002/11/01 - File Closed: 2008/04/15 (Band previous name: Afton) CMM on behalf of Paq'tnkek First Nation alleged unlawful granting of 250 acres of reserve land in 1827 without surrender.
Railway Concluded - Date Legal Opinion Signed: 1975/07/31 No Lawful Obligation Found - Not Accepted for Negotiations: 1975/08/15
(Band previous name: Afton) Alleged illegal alienation of land in 1879/80, to Eastern Extension Railway(now part of CNR on Lot B of I.R. #23) Page 183 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Summerside Concluded - Research Start Date : 1974/02/19 Resolved Through Administrative Remedy - Date Legal Opinion Signed: 1975/07/31 - Not Accepted for Negotiations: 1975/08/25 (Band previous name: Afton) FN requested that - File Closed: 1975/08/26 100 acres of land, known as the Summerside - Date Referred for Admin. Remedy : 1990/08/28 property, be returned (in possession of FN at Confederation, but not included among the Indian Reserves transferred to Canada) to the Paq'tnkek First Nation, with compensation for loss of use.
Pictou Landing (BAND-024) Merigomish IR #31B (Mooley's Concluded - Date Claim Filed: 2008/12/10 Island) No Lawful Obligation Found - Research Start Date : 2008/12/11 - Date Legal Opinion Signed: 2010/04/30 Alleges that Mooley Island was alienated in 1867 - Not Accepted for Negotiations: 2010/12/24 when the Crown failed to transfer the reserve lands to the new Dominion Government and therefore, didn't take diligent action against trespassers and encroaching third parties between 1874 and 1975.
Shubenacadie (BAND-025) Ship Harbour Lake Concluded - Date Legal Opinion Signed: 1986/11/03 File Closed - File Closed: 1988/06/27
Alleged illegal alienation in 1919, of 200 acres of reserve land. File carried by Millbrook and Shubenacadie FN in 1986. UNSI originally submitted this claim.
UNION OF NOVA SCOTIA INDIANS-ADVISORY SERVICES (TC-9113) Eleven Surrenders Concluded - Date Legal Opinion Signed: 1984/12/20 No Lawful Obligation Found - Not Accepted for Negotiations: 1985/01/16 Page 184 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Claimed that all surrenders of Indian Reserve lands in NS between July 1/1867 and March 3/1960 were illegal because said surrenders did not receive the approval of the proper proportion of the whole Micmac FN. Union wished that the land illegally surrendered be restored as Indian Reserve land. They also claimed that Provincial Highway Allowances were granted illegally for the same reasons. The following are the 11 reserves involved: Kedgemakooge, Sambro Lake, Ship Harbour Lakd, St. Margaret's Bay, New Germany, Bear River, Pomquet, Sydney, Gold River Whycocomgh, New Liverpool Rd.
Wagmatcook (BAND-028) 3800 Acres Settled - Date Legal Opinion Signed: 1974/08/29 Settled Through Negotiations - Canada Offered to Negotiate: 1975/01/29 - Settlement Signed by Claimant: 1982/03/26 The Wagmatcook (Middle River) FN, residing - Settlement Signed by Canada: 1982/03/27 near Baddeck, sought restoration of some 3,800 acres of their original reserve which were allegedly alienated without their consent in 1892. These lands were either sold under the provisions of pre-Confederation NS statutes, settled upon by non-Indians without proper authorization or sold in violation of post-Confederation Federal legislation.
Waycobah First Nation (BAND-029) 1862 Alienation In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Date Legal Opinion Signed: 2010/12/21 - Canada Offered to Negotiate: 2011/05/16 FN seeking the return of reserve lands, most of - Negotiations Inactive: 2011/05/17 which were alienated around 1862, and for which, - Pending FN's BCR Accepting to Negotiate: 2011/05/18 the FN alleged, Canada has not accepted responsibility. Page 185 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Port Hood IR 26 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/12/01 - Not Accepted for Negotiations: 2010/05/28 FN agreed to exchange Margaree Reserve with Wagmatcook for the Port Hood Reserve. The claimant alleges that Canada never surveyed the Port Hood Reserve, that its actual location and value are unknown and that Canada has effected an illegal disposition of the land. The FN is seeking relief, restitution and damages. Page 186 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Aamjiwnaang (BAND-172) Clench Defalcation Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/05/16
Misappropriation of sale proceeds.
Enniskillen (SPLIT #01) Settled - Canada Offered to Negotiate: 2002/04/13 Aamjiwnaang Settled Through Negotiations - Settlement Signed by Canada: 2004/03/29
(Band previous name: Chippewas of Sarnia). Alleged that certain lands in Enniskillen Township were sold without surrender between 1866 and 1918.
Alderville First Nation (BAND-160) Loss of Bay of Quinte Reserve Concluded - Date Claim Filed: 2008/10/16 Lands No Lawful Obligation Found - Date Legal Opinion Signed: 2010/02/08 - Not Accepted for Negotiations: 2011/03/22 FN alleges that four reserves, totalling 2,350 acres were set aside at the Bay of Quinte for the Mississaugas of Alderville First Nation (originally Alnwick), and these lands were alienated without proper surrender and compensation. The four reserves involved in the claim were located in Prince Edward County at Mississauga Point, Grassy Point, Cape Vessey and Bald Head.
Algonquins of Pikwakanagan (BAND-163) Aboriginal Title Concluded - Research Start Date : 1985/07/04 Resolved Through Administrative Remedy - Date Referred for Admin. Remedy : 1988/06/15
Alleged unextinguished aboriginal interest in some 3.4 million hectares of land in Ottawa Valley, as per provisions of the Royal Proclamation of 1763. This is a comprehensive land claim based on Aboriginal title.
Anishinabe of Wauzhushk Onigum (BAND-153) Page 187 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Flooding of Kenora IR In Negotiations - Date Claim Filed: 2008/10/16 38B-Lake of the Woods (Tr3 Active Negotiations - Canada Offered to Negotiate: 2009/04/14 Flooding Project) - Pending FN's BCR Accepting to Negotiate: 2009/04/15 (Band Previous name: Rat Portage). The FN - Claimant Agreed to Negotiate: 2010/02/03 claims that Canada breached its fiduciary duty to protect the interests of FN. This breach stems from the flooding of the Lake of the Woods and the subsequent damage to the FN's Reserve lands and the waters surrounding Reserve 38B.
Headlands Concluded - Research Start Date : 2004/09/30 File Closed - Date Litigation Became Active : 2004/10/18 - File Closed: 2010/11/24 Breach of fiduciary obligations regarding the 1894 agreement between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); involves IR# 38B
Sultana Island (Rat Portage) Concluded - Date Legal Opinion Signed: 1984/07/20 File Closed - Canada Offered to Negotiate: 1994/02/18 - Date Litigation Became Active : 2003/09/15 (Band previous name: Rat Portage). Alleged - File Closed: 2009/09/25 inadequate compensation for Sultana Island.
Anishnaabeg of Naongashiing (BAND-125) Headlands Concluded - Research Start Date : 2004/09/30 File Closed - File Closed: 2008/04/02
Breach of fiduciary obligations regarding the 1894 agreemtn between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); involves IR# 31A - H and J. Page 188 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Lake of the Woods Watershed - In Negotiations - Date Claim Filed: 2008/10/16 Flooding (Tr3 Flooding Project) Inactive Negotiations - Canada Offered to Negotiate: 2009/04/14 - Pending FN's BCR Accepting to Negotiate: 2009/04/15 Alleged Crown failed to protect their interest when - Claimant Agreed to Negotiate: 2009/06/25 the reserves were flooded as the result of the - Negotiations Inactive: 2010/03/11 construction of various dams in the Winnipeg River Drainage Basin.
Treaty Land Entitlement Concluded - Research Start Date : 2004/06/01 File Closed - File Closed: 2008/06/18
Claim prepared for First Nation by TARR. First Nation alleges that the land received is insufficient to meet their treaty entitlement and that there is an outstanding lawful obligation on the grounds that when the reserve was first surveyed the land provided to the First Nation was insufficient according to the terms of Treaty 3.
Atikameksheng Anishnawbek (BAND-224) Incorrect Survey Settled - Date Legal Opinion Signed: 1990/08/23 Settled Through Negotiations - Canada Offered to Negotiate: 1991/09/05 - Settlement Signed by Canada: 1998/03/31 Alleged boundaries of reserve were incorrectly surveyed, resulting in loss of land to First Nation.
Timber Claim Other - Research Start Date : 1995/08/25 Active Litigation - Date Litigation Became Active : 2002/10/17
Alleged inadequate compensation for timber surrendered in 1886. The FN further alleges that failure to pay market value for the timber constitutes a breach of Canada's fiduciary obligation.
Attawapiskat (BAND-143) Akimiski Island Reserve Claim Concluded - File Closed: 2005/03/15 File Closed Page 189 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Land not set aside as a reserve. Entitled to loss of use for the time that reserve was not recognized by Canada. Retention of aboriginal and treaty rights to hunt, trap, fish on Akimiski Island.
Aundeck-Omni-Kaning (BAND-180) Payment of Band Funds to Under Assessment - Date Claim Filed: 2008/12/10 Non-Members Justice Department Preparing Legal Opinion - Research Start Date : 2009/02/12
Alleges mismanagement of FN funds when Canada paid Band funds for non-native children of an enfranchised member.
Batchewana First Nation (BAND-198) Whitefish Island Settled - Date Legal Opinion Signed: 1984/03/30 Settled Through Negotiations - Canada Offered to Negotiate: 1984/05/16 - Settlement Signed by Canada: 1993/03/31 Alleged improper taking (surrender) of Whitefish Island in St. Mary's River. ICO process.
Whitefish Island Loss of Use Concluded - File Closed: 1998/07/07 Resolved Through Administrative Remedy - Date Referred for Admin. Remedy : 1998/08/29
Alleged compensation is owed for loss of use of the reserve land at Whitefish Island.
Big Grassy (BAND-124) Flooding of IR 35 (Tr3 Flooding In Negotiations - Date Claim Filed: 2008/10/16 Project) Active Negotiations - Canada Offered to Negotiate: 2009/04/14 - Pending FN's BCR Accepting to Negotiate: 2009/04/15 Alleged damage from flooding attributed to dams - Claimant Agreed to Negotiate: 2009/08/21 located at the outlet of the Lake of the Woods.
Headlands Concluded - Research Start Date : 2004/09/30 File Closed - File Closed: 2008/04/02
Breach of fiduciary obligations regarding the 1894 agreement between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); involves IR# 35 A, B, G and J Page 190 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Riverbed / Highway (SPLIT Settled - Date Legal Opinion Signed: 1997/02/08 #01) - Riverbed / Bridge Settled Through Negotiations - Date Litigation Became Active : 1997/03/14 - Canada Offered to Negotiate: 1997/07/03 (previous name: Mishkosiimiiniiziibing) The FN - Settlement Signed by Canada: 2000/02/14 alleges that a bridge forming part of provincial highway 621 is trespassing through IR# 35G because the FN claims that the Big Grassy River forms part of the reserve.
Riverbed / Highway (SPLIT Concluded - Date Legal Opinion Signed: 1997/02/08 #02) - Highway File Closed - Date Litigation Became Active : 1997/03/14 - Pending FN's BCR Accepting to Negotiate: 1999/12/15 (previous name: Mishkosiimiiniiziibing) The FN - Claimant Agreed to Negotiate: 2002/12/20 alleges that Canada breached its fiduciary - Canada Offered to Negotiate: 2008/10/16 obligation by failing to obtain adequate - File Closed: 2010/06/12 compensation between 1933 and 1941 for lands expropriated for highway purposes.
Windy Point - IR 35 E2 Under Assessment - Date Claim Filed: 2010/07/15 Justice Department Preparing Legal Opinion - Research Start Date : 2010/07/16
Alleges failure to carry out survey necessary to create Windy Point IR 35E2 for the Assabaska Band or its successors.
Big Grassy / Ojibways of Onigaming (ASSCTN) Assabaska Shoreline Settled - Date Legal Opinion Signed: 1978/06/07 Settled Through Negotiations - Canada Offered to Negotiate: 1980/07/31 - Date Litigation Became Active : 1997/05/14 Alleged illegal alienation of 1,600 acres (648 HA.) - Settlement Signed by Claimant: 1999/11/04 along Lake of the Woods shoreline. The claim is - Settlement Signed By Province: 2000/01/26 located in the area of the Townships of Morson, - Settlement Signed by Canada: 2000/02/14 McCrossen, Spohn.
Joint Timber Claim - 2 Bands Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2009/08/11 Page 191 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Claim concerning a timber trespass on Lake of the Woods IR 35J also known as Mink Portage. Canada secured a partial settlement in 1922. This is a joint claim with Big Grassy FN and Ojibways of Onigaming FN.
Bingwi Neyaashi Anishinaabek (BAND-196) Boundary Other - Date Legal Opinion Signed: 2000/07/21 Active Litigation - Research Start Date : 2001/09/26 - Date Litigation Became Active : 2007/12/07 (Band previous name: Sandpoint). Alleged that the FN has yet to receive land under the terms of the Robinson-Superior Treaty or any other treaty. The claim is located in the south-eastern section of Lake Nipigon.
Brunswick House (BAND-228) Chapleau Game Reserve Settled - Research Start Date : 1985/10/15 Settled Through Negotiations - Date Legal Opinion Signed: 1988/03/16 - Canada Offered to Negotiate: 1988/12/19 Alleged FN suffered damages during its relocation - Settlement Signed by Claimant: 1995/04/27 upon creation of Chapleau Game Preserve in - Settlement Signed by Canada: 1995/06/13 1926 by province. ICO process.
Caldwell (BAND-165) Land Entitlement Settled - Not Accepted for Negotiations: 1974/09/05 Settled Through Negotiations - Date Legal Opinion Signed: 1995/08/16 - Canada Offered to Negotiate: 2008/10/16 Alleged members are the original inhabitants, - Settlement Signed by Claimant: 2010/09/17 occupants and owners of Point Pelee & Pelee - Settlement Signed by Canada: 2011/03/02 Island, that it never surrendered Point Pelee in 1790, & that the 999 year lease to Pelee Island was invalid.
Pelee Island Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Research Start Date : 2009/04/17 - Date Legal Opinion Signed: 2011/04/26 Alleges FN didn't surrender Pelee Island and that the 999 year lease is invalid since the Crown's patent is void. Page 192 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Cat Lake (BAND-216) Treaty Land Entitlement Other - Research Start Date : 2002/04/30 Active Litigation - Date Litigation Became Active : 2003/07/23
Unfulfilled TLE.
Chapleau Cree First Nation (BAND-221) Treaty Land Entitlement In Negotiations - Research Start Date : 1993/03/22 Active Negotiations - Date Legal Opinion Signed: 1996/06/24 - Claimant Agreed to Negotiate: 2000/01/06 Unfulfilled treaty land entitlement pursuant to - Canada Offered to Negotiate: 2008/10/16 Treaty No. 9.
Chapleau Ojibway (BAND-229) Treaty Land Entitlement In Negotiations - File Closed: 2006/01/26 Active Negotiations - Research Start Date : 2007/12/01 - Pending FN's BCR Accepting to Negotiate: 2008/07/10 Alleges shortfall of reserve land pursuant to - Claimant Agreed to Negotiate: 2008/07/25 Treaty 9. - Canada Offered to Negotiate: 2008/10/16
Chippewa Tri-Council (ASSCTN) 1815 Treaty Payments Concluded - Research Start Date : 1992/01/20 No Lawful Obligation Found - Date Legal Opinion Signed: 1996/07/18 - Not Accepted for Negotiations: 1997/10/01 Alleged Canada failed to honour terms of treaty regarding compensation for lands. CTC is composed of Chippewas of Beausoleil, Rama & Goergina Island.
Awenda Concluded - Research Start Date : 1992/01/20 No Lawful Obligation Found - Date Legal Opinion Signed: 1996/07/18 - Not Accepted for Negotiations: 1997/04/08 FN allege that a 50,000 acre tract in Simcoe County was no included in the Penetanguishene Treaty of 1798 and thus remained in control of the band. However, this tract was allegedly taken without consent by the provisional agreement of 1811. Page 193 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Coldwater Narrows In Negotiations - Research Start Date : 1992/06/24 Active Negotiations - Not Accepted for Negotiations: 1996/04/02 - Date of ISCC Process/Active: 1996/08/28 Alleged illegal taking of reserve lands in 1836 and - Date Legal Opinion Signed: 1999/08/23 inadequate compensation. CTC is composed of - Claimant Agreed to Negotiate: 2002/07/29 Beausoleil, Chippewas of Rama, Nawash, & - Canada Offered to Negotiate: 2008/10/16 Georgina Island.
Collins Treaty Settled - Research Start Date : 1991/05/22 Settled Through Negotiations - Date Legal Opinion Signed: 1993/02/23 - Date of ISCC Process/Active: 1994/02/02 Failure to provide clothing in lieu of payment for - Canada Offered to Negotiate: 1998/01/28 passage between Lake Simcoe and Lake Huron - Settlement Signed by Canada: 1999/03/01 pursuant to the 1785 Treaty.
Notawasaga Concluded - Research Start Date : 1992/01/20 No Lawful Obligation Found - Date Legal Opinion Signed: 1996/07/18 - Not Accepted for Negotiations: 1997/10/31 Alleged improper cession of lands in Simcoe county by the Notawasaga treaty of 1815 & inadequate compensation. CTC is composed of Chippewas of Beausoleil, Rama & Georgina Island.
Penetanguishene and Concluded - Research Start Date : 1992/01/20 Matchedash Bays No Lawful Obligation Found - Date Legal Opinion Signed: 1996/07/18 - Not Accepted for Negotiations: 1997/04/08 Alleged lands covered by the Penetanguishene & Matchedash Bays treaty of 1798 were never properly ceded, were wrongfully included in the Robinson Huron treaty of 1850, & the Chippewa Nation was never adequately compensated. CTC is composed of Chippewas of Beausoleil, Rama & Georgina Island.
Chippewas of Kettle and Stony Point (BAND-171) Page 194 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) 1927 Surrender Other - Date Legal Opinion Signed: 1993/03/18 Active Litigation - Not Accepted for Negotiations: 1993/03/31 - Date of ISCC Process/Active: 1994/02/02 Alleged 1927 surrender of part of the Kettle Point - Date Litigation Became Active : 1997/03/15 Indian reserve no.44 & its subsequent sale in 1929 is invalid.
1928 Surrender at Stoney Point In Negotiations - Research Start Date : 2001/10/16 Active Negotiations - Date Legal Opinion Signed: 2004/08/03 - Pending FN's BCR Accepting to Negotiate: 2005/04/27 Alleged 1928 Surrender & Sale of 377 acres of the - Claimant Agreed to Negotiate: 2008/07/15 Stoney Point Reserve is invalid. 1928 Surrender - Canada Offered to Negotiate: 2008/10/16 at Stoney Point (Ipperwash Provincial Park).
Clench Defalcation Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/05/16
Misappropriation of sale proceeds.
Enniskillen (SPLIT #02) Settled - Canada Offered to Negotiate: 2002/04/13 Chippewas of Kettle and Stony Settled Through Negotiations - Settlement Signed by Canada: 2004/03/29 Point Alleged that certain lands in Enniskillen Township were sold without surrender between 1866 and 1918.
Lot 27 - Bosanquet Lands Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2010/09/02
Misappropriation of sale proceeds of Lot 27, Concession 6, Township of Bosanquet.
Chippewas of the Thames First Nation (BAND-166) Page 195 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Big Bear Creek Reserve In Negotiations - Research Start Date : 2001/04/17 Active Negotiations - Date Legal Opinion Signed: 2008/06/20 - Negotiations Inactive: 2008/08/02 Alleged that the 5,120 acre Big Bear Cree - Pending FN's BCR Accepting to Negotiate: 2008/08/03 Reserve was patented and sold by the Crown in - Canada Offered to Negotiate: 2008/10/16 the 1830s without a proper surrender by the FN. - Claimant Agreed to Negotiate: 2008/11/05 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 FN under the Longwoods Treaties (1819-1822).
Caradoc IR Railway Right of Under Assessment - Date Claim Filed: 2010/05/05 Way Justice Department Preparing Legal Opinion - Research Start Date : 2010/05/06
Alleges failure to properly manage 3 railway transactions on Caradoc IR and failure to provide proper and lawful consideration to protect FN interest.
Caradoc Reserve 1834 Under Assessment - Date Claim Filed: 2010/11/03 Surrender Research - Research Start Date : 2010/11/04
Alleges that Canada breached its fiduciary duties and duty of honour and integrity in relation to the 1834 Surrender.
Clench Defalcation Settled - Not Accepted for Negotiations: 1975/02/21 Settled Through Negotiations - Date of ISCC Process/Active: 1998/08/25 - Date Legal Opinion Signed: 2000/08/03 Misappropriation of sale proceeds from - Canada Offered to Negotiate: 2001/06/18 1845-1854. - Settlement Signed by Claimant: 2004/07/06 - Settlement Signed by Canada: 2004/11/03 Page 196 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Hydro - Right-Of-Way Concluded - Date Legal Opinion Signed: 2005/03/30 File Closed - Not Accepted for Negotiations: 2006/07/18 - Date of ISCC Process/Active: 2006/09/22 Alleged breach of fiduciary obligations by the - File Closed: 2009/01/30 Crown for wrongfully renewing a Hydro easement in 1956 after the option to renew expired, and for failing to obtain appropriate compensation for the renewal of the easement. Fast Track. The claim is located in the townships of Caradoc and Deleware.
Muncey Settled - Research Start Date : 1975/03/17 Settled Through Negotiations - Not Accepted for Negotiations: 1976/09/07 - Date Legal Opinion Signed: 1983/03/01 Alleged lots 12 & 13 of Caradock Township were - Canada Offered to Negotiate: 1983/06/15 illegally patented in 1831, on the basis that no - Date of ISCC Process/Active: 1993/11/09 surrender was obtained from the Chippewa - Settlement Signed by Canada: 1995/03/01 Indians for those lots.
Couchiching First Nation (BAND-126) Flooding (Tr3 Flooding Project) Other - Research Start Date : 1997/01/31 Active Litigation - Date Litigation Became Active : 2006/03/20
Alleged Crown failed to protect their interests when their land was flooded.
Headlands Concluded - Research Start Date : 2004/09/30 File Closed - Date Litigation Became Active : 2006/03/20 - File Closed: 2010/11/24 Breach of fiduciary obligation regarding the 1894 agreement between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); involves IR# 16 A, D and 18B
Joint Interest in Rainy Lake I.R. Concluded - Research Start Date : 2001/10/15 18C No Lawful Obligation Found - Date Legal Opinion Signed: 2006/08/14 - Not Accepted for Negotiations: 2007/05/24 Page 197 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) FN claims a joint interest in Stanjikoming FN I.R. 18C. At time of treaty, Stanjikoming and Couchinching took their reserves of 18B and 18C in common. In 1990, Stanjikoming surrendered its interest in 18B, but Couchiching did not surrender its interest in 18C.
Railway Other - Date Claim Filed: 2008/10/16 Active Litigation - Date Legal Opinion Signed: 2009/09/18 - Date Litigation Became Active : 2010/02/11 Alleged illegal taking of lands for railway purposes and failure to provide proper compensation.
Treaty Land Entitlement Concluded - Research Start Date : 2002/03/03 File Closed - File Closed: 2008/06/18
Alleged outstanding treaty land entitlement under the terms of Treaty 3, FN alleges that there is a shortfall of 224,000 acres. In addition, the FN alleges the failure to provide the proper treaty land entitlement constitutes a breach of Canada's fiduciary duty.
Curve Lake (BAND-161) Flooding of I. R. No. 35 In Negotiations - Date Litigation Became Active : 1999/07/30 Active Negotiations - Date Legal Opinion Signed: 2001/05/17 - Claimant Agreed to Negotiate: 2003/02/06 FN alleges that between 300 - 600 acres of - Canada Offered to Negotiate: 2008/10/16 reserve land, set aside in 1837 for the Mud Lake Indian Band (now Curve Lake), was flooded when dams constructed for the Trent-Severn Waterway (TSW) raised water levels in the Buckhorn section of the TSW in 1838.
Eabametoong First Nation (BAND-183) Treaty Land Entitlement Under Assessment - Date Claim Filed: 2010/12/01 Research - Research Start Date : 2010/12/02
Alleges an outstanding treaty land entitlement, pursuant to Treaty 9. Page 198 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Eagle Lake (BAND-148) Timber Trespass Settled - Research Start Date : 1984/04/15 Settled Through Negotiations - Date Legal Opinion Signed: 1985/10/15 - Canada Offered to Negotiate: 1985/12/20 Alleged Canada failed to prevent timber - Settlement Signed by Claimant: 1988/03/25 trespasses of Eagle Lake I.R. 27 in 1882-1883, - Settlement Signed by Canada: 1988/04/19 and that compensation was never paid.
Flying Post (BAND-227) Reserve Location Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2009/08/11
Alleges denial of the right to live on a reserve of their choosing, to benefit from the services provided on reserves and to be part of an Indian community.
Treaty Land Entitlement Under Assessment - Date Claim Filed: 2010/09/01 Research - Research Start Date : 2010/09/02
Alleges an outstanding treaty land entitlement, pursuant to Treaty 9.
Unoccupied Reserve - Treaty Concluded - Research Start Date : 2002/09/30 Land Entitlement File Closed - File Closed: 2006/11/29
The FN alleges outstanding treaty land entitlement pursuant to Treaty 9.
Fort William (BAND-187) Chippewa Park (Surrender Concluded - Research Start Date : 2000/03/29 Project) No Lawful Obligation Found - Date Legal Opinion Signed: 2007/12/04 - Not Accepted for Negotiations: 2008/07/03 The FN alleges that the taking of 270 acres should have been an expropriation for a public work, not a surrender; the Crown failed to ensure minimal impairment; the Crown permitted the use of the lands for railway purposes (GTP); and that the land was undervalued. Page 199 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Hydro Right-of-Way Concluded - Research Start Date : 1996/05/03 File Closed - File Closed: 2000/11/01
Alleged unlawful expropriation of lands for Hydro Right-of-way and inadequate compensation.
Mining Location (Surrender In Negotiations - Date Claim Filed: 2008/10/16 Project) Inactive Negotiations - Date Legal Opinion Signed: 2009/02/19 - Canada Offered to Negotiate: 2011/05/16 The FN alleges that the surrender of the mining - Negotiations Inactive: 2011/05/17 locations is invalid; the FN only intended to - Pending FN's BCR Accepting to Negotiate: 2011/05/18 surrender mining rights; the Crown failed to carry out any valuation of the lands; the 120 acres were undervalued; and the conditions of the sale were not carried out.
Neebing Surrender Settled - Research Start Date : 2000/03/28 Settled Through Negotiations - Date Legal Opinion Signed: 2006/08/15 - Pending FN's BCR Accepting to Negotiate: 2007/08/02 Alleged invalid surrender and breach of fiduciary - Claimant Agreed to Negotiate: 2007/09/11 obligations to the FN with respect to the surrender - Canada Offered to Negotiate: 2008/10/16 and sale in 1859 of approx. 5,000 acres on the - Settlement Signed by Claimant: 2010/12/05 western section of the reserve. - Settlement Signed by Canada: 2011/03/02
Northern Boundary In Negotiations - Research Start Date : 1986/11/07 Active Negotiations - Date Legal Opinion Signed: 1992/10/16 - Claimant Agreed to Negotiate: 2002/03/01 Alleged boundaries of reserve were incorrectly - Canada Offered to Negotiate: 2008/10/16 surveyed resulting in loss of land to FN. - Settlement Signed by Claimant: 2011/01/23 - Settlement Signed By Province: 2011/01/25
Railway In Negotiations - Research Start Date : 1998/06/03 Active Negotiations - Date Legal Opinion Signed: 2001/04/26 - Date Litigation Became Active : 2003/02/06 Alleged wrongful expropriation and breach of - Canada Offered to Negotiate: 2008/10/16 fiduciary obligations to the FN when the Grand - Claimant Agreed to Negotiate: 2009/02/09 Trunk Pacific Railway Company expropriated 1600 acres in 1905. Page 200 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Rifle Range Settled - Research Start Date : 1997/01/08 Settled Through Negotiations - Date Legal Opinion Signed: 2000/04/20 - Canada Offered to Negotiate: 2000/07/28 Alleged reserve lands were not taken in - Settlement Signed by Canada: 2006/06/30 accordance with the provisions of the Indian Act.
Timber Concluded - File Closed: 2006/04/20 File Closed
The FWFN alleges that the 1871Timber Surrender is invalid, and that subsequently, there was mismanagement in the timber operations on the Fort William Reserve.
Water Pipeline (Surrender Settled - Research Start Date : 2006/02/08 Project) Settled Through Negotiations - Date Legal Opinion Signed: 2008/02/12 - Pending FN's BCR Accepting to Negotiate: 2008/07/06 The First Nation alleges that the 1906 surrender - Claimant Agreed to Negotiate: 2008/10/15 pertains to the pipeline, not the watershed. - Canada Offered to Negotiate: 2008/10/16 - Settlement Signed by Claimant: 2010/02/09 - Settlement Signed by Canada: 2010/03/09
Garden River First Nation (BAND-199) Great Lakes Power Company Concluded - Research Start Date : 2003/04/14 No Lawful Obligation Found - Date Legal Opinion Signed: 2004/03/23 - Not Accepted for Negotiations: 2006/03/01 Alleged federal government failed to take steps to ensure that FN receive proper rental compensation in return for the erection & location of the 33 K.v. line across the Garden River Reserve in or around 1930 & the issuing of a License of Occupation in 1940. Also, alleged fed. gov't didn't safe-guard its interests by failing to seek proper compensation and payment for the issuing of two long-term permits in 1959 & 1968. Page 201 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Squirrel Island Settled - Date Legal Opinion Signed: 1981/01/13 Settled Through Negotiations - Canada Offered to Negotiate: 1981/03/23 - Settlement Signed by Claimant: 1987/04/28 Alleged that Squirrel Island, adjacent to reserve - Settlement Signed by Canada: 1987/04/29 and sold by Canada in 1871, was incorrectly included in land surrender of 1859.
Ginoogaming First Nation (BAND-185) Erosion Concluded - Date Legal Opinion Signed: 1993/08/20 No Lawful Obligation Found - Not Accepted for Negotiations: 1994/08/12
Alleged loss of land and resources as a result of a water diversion project on Long Lake in 1937.
IR 77 Tote Road Under Assessment - Date Claim Filed: 2011/02/02 Research - Research Start Date : 2011/02/03
Alleges breach of fiduciary obligations with respect to the construction of a Tote Road through Long Lake IR 77.
Long Lake Water Diversion Under Assessment - Date Claim Filed: 2008/10/16 Project Legal Opinion Signed - Date Legal Opinion Signed: 2010/11/30
Alleged that Canada's failure to intervene and protect the interest of the FN during the construction of the Kendogami Dam by Ontario Hydro in 1938, which subsequently led to the flooding and erosion of 384 acres of reserve land, constitutes a breach of fiduciary duty. The land in question is located within the Treaty 9 area. This claim is based upon a previous fast track claim rejected by the SCB on August 12, 1994.
Timber Settled - Date Litigation Became Active : 1991/10/07 Settled Through Negotiations - Research Start Date : 1992/01/31 - Date Legal Opinion Signed: 1997/01/31 Alleged inadequate compensation for timber - Canada Offered to Negotiate: 1999/08/13 removed from reserve. - Settlement Signed by Canada: 2002/03/27
Grand Council of Treaty #3 (ASSCTN) Page 202 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Anicinabe Park Concluded - Date Legal Opinion Signed: 1975/01/17 No Lawful Obligation Found - Not Accepted for Negotiations: 1975/02/20
Alleged that in 1959, the Department of Indian Affairs sold Anicinabe Park belonging to them, to Kenora Township, without consultation and without fulfilling several agreements.
Grassy Narr./Wabauskang Claimant (ASSCTN) Treaty Land Entitlement Under Assessment - Date Claim Filed: 2008/10/16 Research
FN alleges a 1883 survey did not provide the band with its proper land entitlement under the terms of Treaty 3; FN alleges a shortfall of 11.43 square miles (7,314 acres). Furthermore, FN alleges the Crown's failure to set aside the proper amount of reserve land constitutes a breach of fiduciary duty. This is a joint claim with the Wabauskang First Nation.
Grassy Narrows First Nation (BAND-149) Headlands Concluded - Research Start Date : 2004/09/30 File Closed - File Closed: 2008/04/02
Breach of fiduciary obligation regarding the 1894 agreement between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); involves IR# 21.
Gull Bay (BAND-188) Boundary Claim Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed
Leagues to miles. Non-fulfillment of Robinson Superior treaty with respect to the boundaries of Gull River Reserve. Page 203 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Highway 527 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/04/30 FN alleges that Canada failed to protect the best - Not Accepted for Negotiations: 2011/05/17 interests of the claimants during the expropriation of portions of IR #55 by Ontario for the construction of Highway 527.
Hydro In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Research Start Date : 2009/04/17 - Date Legal Opinion Signed: 2010/08/19 FN alleges breach of fiduciary obligation relating - Canada Offered to Negotiate: 2011/05/17 to damages caused by flooding of the reserve IR - Negotiations Inactive: 2011/05/18 #55 as a result of the damming of the Nipigon - Pending FN's BCR Accepting to Negotiate: 2011/05/19 River by the Hydro Electric Power Company of Ontario.
Timber Royalties In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/04/21 Breaches of fiduciary obligation related to timber - Canada Offered to Negotiate: 2011/05/17 harvesting on the Gull River I.R. No. 55 from - Negotiations Inactive: 2011/05/18 approximately 1919 to 1926: failure to secure - Pending FN's BCR Accepting to Negotiate: 2011/05/19 surrender for timber harvesting, to secure best price and appropriate compensation, ensure FN had clear understanding of terms of licenses, and best represent the FN in negotiations.
Henvey Inlet First Nation (BAND-231) James Bay Railway Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed
Alleged illegal appropriation of land from the Henvey Inlet Reserve No. 2.
Hiawatha First Nation (BAND-162) Page 204 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Serpent Mounds Settled - Research Start Date : 1993/04/26 Settled Through Negotiations - Date Legal Opinion Signed: 1994/09/30 - Canada Offered to Negotiate: 1995/03/14 Alleged federal government in breach of statute - Settlement Signed by Claimant: 1996/11/02 for failing to set aside Serpent Mounds as an - Settlement Signed by Canada: 1996/12/06 addition to reserve (43 year delay). Also alleged improper granting of a lease to the lands persuant to the Public Lands Grants Act. Allegation of a breach of fiduciary obligation as a result of mismagement by the federal government from 1933-1992.
Iskatewizaagegan #39 Independent First Nation (BAND-154) Farming Lands Under Assessment - Date Claim Filed: 2009/06/03 Justice Department Preparing Legal Opinion - Research Start Date : 2009/06/04
Inadequate reserve land given to First Nation Band for sustainable farming.
Flooding (Tr3 Flooding Project) In Negotiations - Date Claim Filed: 2008/10/16 Active Negotiations - Canada Offered to Negotiate: 2009/04/14 - Pending FN's BCR Accepting to Negotiate: 2009/04/15 Improper surrender and a continuing breach of - Claimant Agreed to Negotiate: 2009/10/21 fiduciary obligations regarding the protection of the Shoal Lake Indian Reserves 39, 39A and 34B2 from flooding.
Garden Islands In Negotiations - Research Start Date : 1991/11/22 Active Negotiations - Date Litigation Became Active : 2000/04/27 - Date Legal Opinion Signed: 2004/03/05 FN alleges that 32 islands in Indian Bay, - Canada Offered to Negotiate: 2008/10/16 comprising approximately 403 acres, were not - Claimant Agreed to Negotiate: 2009/10/21 surveyed and confirmed as reserves in accordance with the terms of Treaty 3. Furthermore, the FN alleges loss of use of the benefits of the islands (e.g. timber, agriculture, minerals, fishing, hunting, land development) Page 205 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Headlands Concluded - Research Start Date : 2004/09/30 File Closed - File Closed: 2008/04/02
Breach of fiduciary obligation regarding the 1894 agreement between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); involves IR# 34 B-2, 39 and 39A.
Kitchenuhmaykoosib Inninuwug (BAND-209) Treaty Land Entitlement Under Assessment - Date Claim Filed: 2008/10/16 Research - Research Start Date : 2008/10/17
First Nation has not received the full amount of reserve land to which they are entitled under the terms of adhesion to Treaty 9. (Formerly known as the Big Trout Lake First Nation)
Lac Des Mille Lacs (BAND-189) Headlands Concluded - Research Start Date : 2004/09/30 File Closed - File Closed: 2008/04/02
Breach of fiduciary obligation regarding the 1894 agreement between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); Involves IR# 22A
Lac des Mille Lacs Watershed - In Negotiations - Date Claim Filed: 2008/10/16 Flooding (Tr3 Flooding Project) Active Negotiations - Date Legal Opinion Signed: 2009/01/26 - Canada Offered to Negotiate: 2009/04/14 Alleged Crown breached its fiduciary duty - Pending FN's BCR Accepting to Negotiate: 2009/04/15 originating in 1872, following the construction of a - Claimant Agreed to Negotiate: 2009/06/16 dam and the subsequent flooding of reserve lands.
Lac La Croix (BAND-127) Page 206 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Headlands Concluded - Research Start Date : 2004/09/30 File Closed - File Closed: 2008/04/02
Breach of fiduciary obligation regarding the 1894 agreement between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); involves IR# 25D.
Sturgeon Lake Reserve Concluded - Date Legal Opinion Signed: 1986/01/29 No Lawful Obligation Found - Date Litigation Became Active : 1988/04/26 - Not Accepted for Negotiations: 1988/04/27 Alleged Canada failed to prevent the inclusion of the unsurrendered Sturgeon Lake Reserve No. 24C in Quetico Provincial Park in 1950. The Lac La Croix FN succeeded the Sturgeon Lake FN.
Treaty Land Entitlement Under Assessment - Date Claim Filed: 2008/10/16 Research
Canada's failure to set aside sufficient land under the terms of Treaty 3. Per capita land allocation stipulated in 1873 by Treaty 3 has never been met.
Lac Seul (BAND-205) Flooding 1936 Other - Date Legal Opinion Signed: 1994/09/01 Active Litigation - Pending FN's BCR Accepting to Negotiate: 1995/05/27 - Claimant Agreed to Negotiate: 1995/06/13 Alleged illegal flooding of reserve land and - Canada Offered to Negotiate: 2008/10/16 inadequate compensation paid for flooding - File Closed: 2008/10/17 damages. The claim is located N-W of Sioux - Date Litigation Became Active : 2008/11/01 Lookout.
Long Lake No.58 First Nation (BAND-184) Highway Settled - Date Legal Opinion Signed: 1983/04/11 Settled Through Negotiations - Canada Offered to Negotiate: 1983/06/06 - Settlement Signed by Canada: 1984/04/04 Alleged illegal taking of land for highway purposes in 1915 and 1923, and failure to compensate for taking. Page 207 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Railway Concluded - Research Start Date : 1986/08/12 No Lawful Obligation Found - File Closed: 1992/05/16 - Date Legal Opinion Signed: 1994/01/21 Alleged illegal taking of land for railway purposes - Not Accepted for Negotiations: 1995/04/07 in 1913, and failure to compensate for taking.
Robinson Superior Treaty Concluded - Date Litigation Became Active : 1984/08/21 No Lawful Obligation Found - Research Start Date : 1985/07/04 - Date Legal Opinion Signed: 1989/02/13 Alleged that ancestors never adhered to Robinson - Not Accepted for Negotiations: 1989/08/14 Superior treaty of 1850, and still retain aboriginal title to lands covered by it. Not submitted to DIAND as either Comprehensive or Specific claim. Given to SCB for research only. Concluded that there was no lawful obligation under the Comp. claim policy and the bands were advised that they could formally submit the claim under the Specific Claims Policy. 8 claimants involved: Pays Plat FN, Sand Point FN, Whitesand FN, Rocky Bay FN, Pic Mobert FN, Red Rock FN, Ojibways of the Pic River.
Magnetawan (BAND-174) 4 CPR Lines on IR 1 Under Assessment - Date Claim Filed: 2011/04/15 Research - Research Start Date : 2011/04/16
Alleges a breach of fiduciary duty while executing and managing reserve lands during and after the construction of the Canadian Pacific Railway.
Highways Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2009/10/26 Alleges the Crown breached its obligations to the claimant with respect to the construction of four roads on reserve land between 1883 and 1958, the construction of a parking lot in 1936, a drainage ditch in 1959, and a �visibility triangle' in 1963. Page 208 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Surrender to Hydroline IR 1 Under Assessment - Date Claim Filed: 2009/11/12 Justice Department Preparing Legal Opinion - Research Start Date : 2009/11/13
Alleges unlawful use and occupation of IR 1 from 1950; failure to provide adequate compensation and failure to provide services.
Matachewan (BAND-219) Treaty Land Entitlement Under Assessment - Date Claim Filed: 2009/10/08 Research - Research Start Date : 2009/10/09
Alleges the FN received a shortfall of reserve land pursuant to the terms of Treaty 9.
Mattagami (BAND-226) Timber Settled - Research Start Date : 1986/02/01 Settled Through Negotiations - Date Litigation Became Active : 1988/03/05 - Date Legal Opinion Signed: 1993/06/03 Alleged flooding of 1340 acres of Mattagami I.R. - Canada Offered to Negotiate: 2000/02/17 No. 71 (Treaty 9 area), and damage to and loss of - Settlement Signed by Claimant: 2004/04/03 use of resources (timber) and graveyard due to - Settlement Signed by Canada: 2004/06/29 flooding caused by the operation of the Mattagami Dam in 1922. Alleged breach of lawull obligation for granting a timber licence in 1928 for a period of 5 years although the surrender expired in 1930.
M'Chigeeng First Nation (BAND-181) Flooding of Lake Mindemoya Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2010/10/27
FN alleges unlawful damming of Lake Mindemoya on Manitoulin Island IR #22, by a private milling company, caused flooding damage on reserve land along the lakeshore.
Land Purchases (Surrender Concluded - Research Start Date : 2005/04/01 Project) No Lawful Obligation Found - Date Legal Opinion Signed: 2007/08/01 - Not Accepted for Negotiations: 2007/10/10 Page 209 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) FN alleges breach of fiduciary obligation relating to sales of surrendered land that did not conform to the Crown's directives regarding how the sales were to be conducted.
Sanfield Sugar Bush Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/09/02 - Not Accepted for Negotiations: 2011/03/22 FN alleges desired land, known as the 'Sugar Bush Lands' were never properly set aside for them, and were sold without the notification or consultation of the FN in 1943. Also alleges loss of use of Sugar Bush.
Treasure Island Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/04/15 - Not Accepted for Negotiations: 2011/02/21 FN alleges breach of fiduciary obligation as a result of a failure to observe the FN requests regarding the selection of their reserve lands.
Michipicoten (BAND-225) 1855 Surrender Settled - Research Start Date : 1997/01/14 Settled Through Negotiations - Date Legal Opinion Signed: 2000/03/13 - Canada Offered to Negotiate: 2000/10/03 FN alleges the 1855 surrender of 640 acres of - Settlement Signed by Claimant: 2003/11/02 Gros Cap I.R. 49 for a mining location was invalid - Settlement Signed by Canada: 2004/03/16 because the taking failed to comply with the conditions as set out in the Royal Proclamation of 1763. Specifically, the FN alleges that there was no public meeting convened for the taking of the surrender. The land in question was set aside for the FN under the terms of the Robinson-Superior Treaty.
1898 Survey Settled - Date Legal Opinion Signed: 1998/03/24 Settled Through Negotiations - Canada Offered to Negotiate: 1998/09/03 - Settlement Signed by Canada: 2000/08/08 Alleged FN funds were wrongfully taken to pay for the 1898 survey of a mining location they had surrendered in 1855. Page 210 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
1899 and 1900 Surrender of Settled - Date Legal Opinion Signed: 1998/08/28 Reserve 49 Settled Through Negotiations - Canada Offered to Negotiate: 1998/12/07 - Settlement Signed by Claimant: 2003/11/02 Alleged majority of eligible voters did not attend - Settlement Signed by Canada: 2004/03/16 the meeting held for the taking of the surrender and the surrender is, therefore, invalid.
1899 Survey Settled - Date Legal Opinion Signed: 1998/03/24 Settled Through Negotiations - Canada Offered to Negotiate: 1998/09/03 - Settlement Signed by Canada: 2000/08/08 Alleged FN funds were wrongfully taken to pay for the 1899 survey of their reserve.
Boundary Claim Settled - Research Start Date : 1997/01/14 Settled Through Negotiations - Date Legal Opinion Signed: 2002/02/20 - Canada Offered to Negotiate: 2003/01/30 FN Alleges that Gros Cap Reserve #49 set aside - Pending FN's BCR Accepting to Negotiate: 2003/01/31 for them, as per the terms of the Robinson - Claimant Agreed to Negotiate: 2003/08/24 Superior Treaty, is smaller than that which the - Settlement Signed by Claimant: 2008/01/13 adherents to the Treaty intended and understood - Settlement Signed By Province: 2008/01/31 they were to receive. The FN alleges that they - Settlement Signed by Canada: 2008/03/28 were promised that their reserve would extend from the mouth of the Doree River to the mouth of the Magpie and Michipicoten Rivers.
Hydro Right of Way Concluded - File Closed: 2001/06/13 File Closed
FN alleges unlawful expropriation and inadequate compensation for 4.2 acres of I.R. 49 taken in 1943 by the Great Lakes Power Company for a hydro right-of-way. The land in question was set aside for the FN under the terms of the Robinson-Superior Treaty.
Missanabie Res. 62 & Concluded - Research Start Date : 1997/01/14 Chapleau Res. 61 Resolved Through Administrative Remedy - Date Referred for Admin. Remedy : 1998/12/08 Page 211 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) In the early 1900's these two reserves were purchased using funds from Michipicoten trust fund account. The lands have never been set aside for the Michipicoten FN.
Ontario Hydro Right of Way Concluded - File Closed: 2001/06/13 File Closed
FN alleges unlawful expropriation and inadequate compensation for 70 acres of I.R. 49 taken in 1968, by Ontario Hydro for a Hydro right-of-way. The land in question was set aside for the FN under the terms of the Robinson-Superior Treaty.
Railway Right-of-Way Concluded - Research Start Date : 1997/01/14 Resolved Through Administrative Remedy - Date Referred for Admin. Remedy : 2001/06/13
FN alleges the Algoma Central Railway Company failed to lawfully acquire a 13.6 acre railway right-of-way and therefore trespassed on Gros Cap I.R. 49 for 30 years. The FN alleges, therefore, that Canada breached their fiduciary obligation by failing to ensure the lands were taken in accordance with the requirements under Indian Act and that the First Nation was adequately compensated. The land in question was set aside for the FN under the terms of the Robinson-Superior Treaty.
Relocation Claim Concluded - Research Start Date : 1997/01/14 File Closed - File Closed: 2001/06/13
In 1935, DIA purchased 55.6 acres from the Algoma Central Railway. The lands were purchased with FN funds and not set aside as a reserve. In 1955 Algoma exchanged this land for 13.9 acres north of the harbour. The FN alleges that the exchange was not consented to by all the voting members. Page 212 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Timber Claim Concluded - Research Start Date : 1997/01/14 File Closed - File Closed: 2001/06/13
Alleged Crown failed to act in the interest of the FN in the 1925 sale of timber from Gros Cap I. R. 49.
Mishkeegogamang (BAND-203) 1935 Flooding - Osnaburgh Other - Date Legal Opinion Signed: 1994/11/15 Active Litigation - Canada Offered to Negotiate: 2001/03/20 - Date Litigation Became Active : 2003/07/23 Alleged breach of fiduciary duty, damages and inadequate compensation for flooding, timber loss and tresspass in respect to the flooding, in 1934, of aproximately 650 acres of I.R. 63A and 63B.
Highway - Savant Lake Road Other - Research Start Date : 2001/05/16 ROW Active Litigation - Date Litigation Became Active : 2003/07/23
FN alleges trespass and inadequate compensation between 1936-1944 for lands taken for the construction of road and terminal site through I. R. 63 B. The FN further alleges that contractors responsible for the construction of the road took gravel and timber without authorization and that the compensation amount of $7,800 was inadequate and represents a breach of the Crown's fiduciary duty.
Hydro Line ROW - Osnaburgh Other - Research Start Date : 2001/05/16 Active Litigation - Date Litigation Became Active : 2003/07/23
FN alleges trespass and inadequate compensation for a 24.4 acre hydro right-of-way expropriated in 1934. Furthermore, FN alleges the Crown breached its fiduciary obligation by failing to renegotiate the amount of compensation paid to the band for the 1964 hydro right-of-way renewal. Page 213 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Treaty Land Entitlement Other - Research Start Date : 2002/06/30 Active Litigation - Date Litigation Became Active : 2003/07/23
Unfulfilled TLE.
Trespass - Mining Road and Other - Research Start Date : 2001/05/16 Terminal Site Surrender Active Litigation - Date Litigation Became Active : 2003/07/23
FN alleges trespass for lands taken for a roadway in I.R. 63A in 1949. FN also alleges that the absence of compensation paid for the land and timber removal represents a breach of the Crown's fiduciary obligation.
Missanabie Cree (BAND-223) Treaty Land Entitlement Other - Research Start Date : 1994/06/30 Active Litigation - Date Legal Opinion Signed: 1996/06/24 - Canada Offered to Negotiate: 2008/10/16 Unfulfilled treaty land entitlement pursuant to - File Closed: 2008/10/27 Treaty No. 9. - Date Litigation Became Active : 2009/11/16
Mississauga (BAND-200) Flooding In Negotiations - Date Claim Filed: 2008/10/16 Active Negotiations - Date Legal Opinion Signed: 2009/05/06 - Canada Offered to Negotiate: 2010/08/06 FN claims that the 643 acres of land set aside - Pending FN's BCR Accepting to Negotiate: 2010/08/07 under the Robinson Huron Treaty were flooded as - Claimant Agreed to Negotiate: 2010/09/10 a result of the construction of dams on the Penewabecong River in 1852. The FN alleges that the Crown has failed to provide compensation for the flooding of their reserve land. Page 214 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Highway Settled - Research Start Date : 1986/10/22 Settled Through Negotiations - Canada Offered to Negotiate: 1995/07/10 - Date Legal Opinion Signed: 1995/07/31 Alleged that between 1909 & 1938, a trunk - Settlement Signed by Canada: 1997/01/13 road/highway was built through their reserve by the government of Ontario without legal authority, and no compensation was paid. This land had been surrendered to the Crown in 1909, in trust for sale, and was, instead, transferred to the government of Ontario.
Northern Boundary Settled - Date Legal Opinion Signed: 1984/10/15 Settled Through Negotiations - Canada Offered to Negotiate: 1988/03/28 - Settlement Signed by Canada: 1994/07/14 Alleged location of the Northern boundary of I.R. #8 not surveyed in 1852 in accordance with the provisions of the Robinson-Huron Treaty of 1850, resulting in loss of land to FN.
Southern Boundary Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2008/11/19 - Not Accepted for Negotiations: 2010/02/16 Alleged that the Crown failed in its fiduciary obligations to the FN by the illegal taking of Island No. 9 and Marshy Bay and is entitled to compensation for it.
Mississauga Tribal Claims Council (ASSCTN) Crawford Purchase Concluded - Research Start Date : 1991/08/01 No Lawful Obligation Found - Date Legal Opinion Signed: 1993/02/23 - Not Accepted for Negotiations: 1993/06/16 Alleged that the purchase of 1783-1784 covering lands in Frontenac, Prince Edward, Hastings counties and United county of Lennox Addington was illegal.
Damages to Wild Rice Concluded - Research Start Date : 1991/11/04 No Lawful Obligation Found - Date Legal Opinion Signed: 2006/01/20 - Not Accepted for Negotiations: 2006/11/03 Page 215 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Alleged Mississauga title to wild rice, traditional economy, waters and lands beneath the waters, and destruction of the wild rice and traditional economy due to flooding by the Trent canal.
Gunshot Treaty Concluded - Research Start Date : 1991/08/01 No Lawful Obligation Found - Date Legal Opinion Signed: 1993/02/23 - Not Accepted for Negotiations: 1993/06/16 Alleged the Gunshot Treaty of 1788 covering lands in Prince Edward and Northumberland counties and regional municipality of Durham was illegal. (FN involved: Curve Lake, New Credit, Alderville, Scugog and Hiawatha)
Islands in the Trent System In Negotiations - Research Start Date : 1991/11/04 Active Negotiations - Date Legal Opinion Signed: 1995/06/13 - Date Litigation Became Active : 1999/07/30 Alleged continuing Mississauga's title to certain - Claimant Agreed to Negotiate: 2003/11/10 islands in regional municipality of Durham, county - Canada Offered to Negotiate: 2008/10/16 of Peterborough Victoria and Northumberland and loss of some of these islands due to flooding by Trent canal and illegal sale.
Lake Ontario Lakeshore Concluded - Research Start Date : 1993/03/11 No Lawful Obligation Found - Date Legal Opinion Signed: 1995/03/01 - Not Accepted for Negotiations: 1995/09/22 Alleged that part of lakeshore in the townships of Oakville Burlington, Mississauga and Etobicoke were never ceded by treaty or otherwise. (FN involved: Curve Lake, New Credit, Alderville, Scugog and Hiawatha)
Navy Island Concluded - Research Start Date : 1993/03/11 No Lawful Obligation Found - Date Legal Opinion Signed: 1995/09/22 - Not Accepted for Negotiations: 1995/09/29 Alleged islands were never ceded in the Niagara treaty of 1781. (FN involved: Curve Lake, New Credit, Alderville, Scugog and Hiawatha) Page 216 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Niagara Treaty Lands Concluded - Research Start Date : 1993/03/11 No Lawful Obligation Found - Date Legal Opinion Signed: 1995/09/22 - Not Accepted for Negotiations: 1995/09/29 Alleged lands covered by the Niagara treaty of 1781 in the Regional Municipality of Niagara were never properly ceded & that the Mississauga were not compensated for them. This claim was originally submitted in 1986 by the MTCC (Mississauga Tribal Claims Council) as a component of the Williams Treaty claim & was subsequently hived off as a separate claim in 1990. (FN involved: Curve Lake, New Credit, Alderville, Scugog and Hiawatha)
Thurlow Purchase Settled - Research Start Date : 1993/07/19 Settled Through Negotiations - Date Legal Opinion Signed: 2001/08/13 - Claimant Agreed to Negotiate: 2007/05/10 Alleged lands covered by the Thurlow Purchase of - Canada Offered to Negotiate: 2008/10/16 1811 & 1816 in Thurlow Township were - Settlement Signed by Claimant: 2010/01/18 improperly ceded & the Mississauga Nation was - Settlement Signed by Canada: 2010/03/04 never adequately compensated for them. Claim located in Belleville by the Moira River.
Toronto Purchase Concluded - Research Start Date : 1991/08/01 No Lawful Obligation Found - Date Legal Opinion Signed: 1993/02/23 - Not Accepted for Negotiations: 1993/06/16 Alleged Toronto Purchase (1787 & 1805) covering lands in the regional municipality of York was illegal.
Mississaugas of the Credit (BAND-120) 200 Acre Settled - Research Start Date : 1983/11/02 Settled Through Negotiations - Date Legal Opinion Signed: 1992/02/28 - Canada Offered to Negotiate: 1993/02/12 Alleged invalid surrender in 1820, of 200 acres - Settlement Signed by Canada: 1997/03/26 (80.9 Ha) of land on north shore of Credit River. Page 217 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Brant Tract Purchase Settled - Research Start Date : 1993/07/19 Settled Through Negotiations - Date Legal Opinion Signed: 1996/08/26 - Canada Offered to Negotiate: 2008/10/16 Alleged that 1797 treaty for cession of lands at - Settlement Signed by Claimant: 2010/05/31 Burlington Bay was illegal, and that the - Settlement Signed by Canada: 2010/10/08 Mississauga Nation retained rights and title to lakeshore at Burlington Bay and 200 acres at Burlington Heights. (FN involved: Curve Lake, New Credit, Alderville, Scugog and Hiawatha).
Railway Claim - Loss of Use Settled - Not Accepted for Negotiations: 1975/08/26 Settled Through Negotiations - Date Legal Opinion Signed: 1983/05/24 - Canada Offered to Negotiate: 1984/01/16 Alleged invalid expropriation of land for railway - Settlement Signed by Canada: 1986/03/27 purposes in 1875, and failure to compensate for interest in lands taken.
Toronto Purchase Settled - Date of ISCC Process/Active: 1998/03/31 Settled Through Negotiations - Date Legal Opinion Signed: 2001/04/17 - Claimant Agreed to Negotiate: 2002/07/31 Non-fulfilment of the terms of the 1805 Surrender. - Canada Offered to Negotiate: 2008/10/16 - Settlement Signed by Claimant: 2010/05/31 - Settlement Signed by Canada: 2010/10/08
Mohawks of Akwesasne (BAND-159) Cairn Island Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/01/21 - Not Accepted for Negotiations: 2009/08/12 The First Nation alleges that additional compensation is required for the improper taking, loss of use and other losses associated with the taking of the island in 1922.
Dundee In Negotiations - Research Start Date : 1981/09/29 Active Negotiations - Date Litigation Became Active : 2002/02/25 - Date Legal Opinion Signed: 2002/05/27 Alleged improper surrender of lands in Dundee - Claimant Agreed to Negotiate: 2003/05/13 township and claim to unpatented lands on the - Canada Offered to Negotiate: 2008/10/16 areas adjacent to existing reserve boundaries. The claim is located in the Province of Quebec. Page 218 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Islands in the St-Lawrence Concluded - Research Start Date : 1999/09/10 No Lawful Obligation Found - Not Accepted for Negotiations: 2007/08/01
Alleged ownership of Islands in the St.Lawrence between Gananoque and Prescott and alleged that in 1856 when they ceded their land bordering on the St.Lawrence, the Islands were not included, and the islands were therefore unlawfully sold and patented.
Kawehno:ke In Negotiations - Research Start Date : 1996/09/10 Active Negotiations - Date Legal Opinion Signed: 2003/07/29 - Claimant Agreed to Negotiate: 2006/11/07 Alienation of 196 ac of reserve land in 1821; - Canada Offered to Negotiate: 2008/10/16 inadequate compensation of $400/annum between 1920-1933; failure to generate revenue during 1933-34.
Mohawks of the Bay of Quinte (BAND-164) Illegal Alienation - Culbertson Other - Research Start Date : 1996/10/15 Tract Active Litigation - Date Legal Opinion Signed: 2002/03/21 - Claimant Agreed to Negotiate: 2004/06/30 Alienation of 827 acres of the Mohawk tract. The - Canada Offered to Negotiate: 2008/10/16 claim is located in the townships of Deseronto and - Date Litigation Became Active : 2010/08/02 Tyendinaga.
Moose Cree First Nation (BAND-144) Lots 1 and 4 Concluded - Research Start Date : 1986/05/15 File Closed - Date Legal Opinion Signed: 1993/03/31 - Not Accepted for Negotiations: 1993/05/06 Alleged that lots 1 and 4, Factory Island, should - Date of ISCC Process/Active: 1993/07/29 be part of reserve. - File Closed: 1994/08/04
Treaty Land Entitlement Under Assessment - Date Claim Filed: 2010/09/01 Research - Research Start Date : 2010/09/02
Alleges an outstanding treaty land entitlement, pursuant to Treaty 9. Page 219 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Veterans Concluded - Date Referred for Admin. Remedy : 1992/08/19 Resolved Through Administrative Remedy
Alleged failure to provide 14 FN World War II veterans with lands promised under the Soldier Settlement Act.
Moose Deer Point (BAND-135) 1837 Treaty Claim Other - Date Legal Opinion Signed: 1995/06/22 Active Litigation - Not Accepted for Negotiations: 1995/08/18 - Date of ISCC Process/Active: 1995/12/15 FN alleges that promises made in 1837 amounted - Date Litigation Became Active : 2002/01/16 to a treaty that included: lands for settlement; distribution of presents; and the protection of the Crown.
Moravian of the Thames (BAND-167) Orford Township Concluded - Research Start Date : 1985/07/15 No Lawful Obligation Found - Date Legal Opinion Signed: 1992/08/19 - Not Accepted for Negotiations: 1993/06/17 Alleged unlawful alienation of 26,325 acres in Orford township.
Munsee-Delaware Nation (BAND-168) Reserve Allocation Concluded - Date Claim Filed: 2008/10/16 File Closed - Research Start Date : 2008/10/17 - File Closed: 2009/08/19 Claimant alleges that they were to receive more land than was allotted to them.
Naicatchewenin (BAND-128) Page 220 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Burditt Dam In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Date Legal Opinion Signed: 2009/06/08 - Canada Offered to Negotiate: 2011/01/04 The FN alleges that Ontario's dam on the - Negotiations Inactive: 2011/01/05 Manomin River, its approaches and - Pending FN's BCR Accepting to Negotiate: 2011/01/06 embankments, the flooded land above it and the access road trespass on IR# 17B without authority or compensation. It is alleged that Canada has breached statutory and fiduciary duties when failing to intervene when logging operators used the dam from the 1890s and again ,when informally consenting to the use of the dam by Ontario after 1956. Additionally, it is alleged that Canada did not act as a prudent land owner.
Flooding (Tr3 Flooding Project) In Negotiations - Date Claim Filed: 2008/10/16 Active Negotiations - Canada Offered to Negotiate: 2009/04/14 - Pending FN's BCR Accepting to Negotiate: 2009/04/15 Alleged Crown failed to protect their interest when - Claimant Agreed to Negotiate: 2009/08/14 the reserve was flooded as a result of the construction of various dams in the Winnipeg River Drainage Basin.
Headlands Concluded - Research Start Date : 2004/09/30 File Closed - File Closed: 2008/04/02
Breach of fiduciary obligation regarding the 1894 agreement between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); involves IR# 17A.
Treaty Land Entitlement Under Assessment - Date Claim Filed: 2010/02/03 Research - Research Start Date : 2010/02/04
Alleges a shortfall of reserve land pursuant to Treaty 3. Page 221 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Treaty Land Entitlement Concluded - Research Start Date : 2005/06/15 File Closed - File Closed: 2008/06/18
The First Nation alleges that on account of 2 late counts, its Treaty Land Entitlement was never fulfilled. The failure by Canada to fulfil the First Nation's Treaty Land Entitlement constitues a breach of fiduciary duty.
Naotkamegwanning (BAND-158) Headlands Concluded - Research Start Date : 2004/09/30 File Closed - File Closed: 2008/04/02
Breach of fiduciary obligation regarding the 1894 agreement between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); involves IR# 32A, B and C.
Lake of the Woods Watershed - In Negotiations - Date Claim Filed: 2008/10/16 Flooding (Tr3 Flooding Project) Active Negotiations - Canada Offered to Negotiate: 2009/04/14 - Pending FN's BCR Accepting to Negotiate: 2009/04/15 Alleged damage from flooding attributed to dams - Claimant Agreed to Negotiate: 2009/08/24 located at the outlet of the Lake of the Woods.
Nicickousemenecaning (BAND-129) Headlands Concluded - Research Start Date : 2004/09/30 File Closed - File Closed: 2008/04/02
Breach of fiduciary obligation regarding the 1894 agreement between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); involves IR# 26A, B and C.
Highway 11 - I.R. 26A Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2010/07/08 Page 222 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Alleged wrongful expropriation and breach of fiduciary duty by Canada for allowing a road right-of-way expropriation in 1962. Also alleges fiduciary breach with respect to the issuance of a s.28(2) permit to Bell Telephone in 1967; and accounting for revenues derived from sand and gravel permits. The land in question was reserved for the FN under the terms of Treaty 3.
Railway - Rainy Lake Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/03/31 - Not Accepted for Negotiations: 2011/05/17 FN alleges the Crown illegally expropriated and failed to adequately compensate for a 34 acre railway right-of-way across I.R. 26A in 1900. The FN alleges a further 9 acres was illegally expropriated without adequate compensation for a railway re-alignment in 1964. The land in question was reserved for the FN under the terms of Treaty 3.
Rainy Lake In Negotiations - Date Claim Filed: 2008/10/16 Watershed-Flooding IR Active Negotiations - Canada Offered to Negotiate: 2009/04/14 26A-B-C (Tr3 Flooding Project) - Pending FN's BCR Accepting to Negotiate: 2009/04/15 Alleged demage for flooding attributed to the - Claimant Agreed to Negotiate: 2010/01/05 construction of dams near I.R. #26A, B and C.
Nipissing First Nation (BAND-220) Moerman Settled - Date Litigation Became Active : 1980/01/01 Settled Through Negotiations - Research Start Date : 1985/02/27 - Date Legal Opinion Signed: 1985/11/06 Alleged 17 acre parcel of land adjacent to reserve - Canada Offered to Negotiate: 1986/01/20 was improperly included in a 1907 surrender. - Settlement Signed by Claimant: 1994/04/26 - Settlement Signed by Canada: 1994/05/24
Pipeline Concluded - Research Start Date : 1986/07/24 No Lawful Obligation Found - Date Legal Opinion Signed: 1996/03/15 - Not Accepted for Negotiations: 1997/03/18 Page 223 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) FN alleges that the Crown illegally dispossessed 98 acres for a pipeline right-of-way across I.R. 10 in 1955. The FN argues that they did not consent to the pipeline, thus, the permit under 28(2) of the Indian Act was invalid. The land in question was reserved for the FN under the Robinson-Huron Treaty.
Reserve No. 10 Boundary In Negotiations - Research Start Date : 2002/04/04 Active Negotiations - Date Legal Opinion Signed: 2007/12/12 - Negotiations Inactive: 2008/07/19 Alleged location of the boundaries of I. R. # 10 not - Pending FN's BCR Accepting to Negotiate: 2008/07/20 surveyed in 1852 in accordance with the - Canada Offered to Negotiate: 2008/10/16 provisions of the Robinson-Huron Treaty of 1850, - Claimant Agreed to Negotiate: 2008/12/09 resulting in loss of land to First Nation. This is a pre-confederation claim dealing with leagues vs miles.
Northwest Angle No.33 (BAND-151) Flooding of Whitefish Bay 33A In Negotiations - Date Claim Filed: 2008/10/16 and 33B (Tr3 Flooding Project) Active Negotiations - Canada Offered to Negotiate: 2009/04/14 - Pending FN's BCR Accepting to Negotiate: 2009/04/15 The First Nation alleges that flooding by a - Claimant Agreed to Negotiate: 2010/02/03 succession of dams at the outlet of the Lake of the Woods caused injury to its reserve lands and interests.
Headlands Concluded - Research Start Date : 2004/09/30 File Closed - File Closed: 2008/04/02
Breach of fiduciary obligation regarding the 1894 agreement between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); involves IR# 33A and B.
Northwest Angle No.37 (BAND-152) Page 224 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Headlands Concluded - Research Start Date : 2004/09/30 File Closed - File Closed: 2008/04/02
Breach of fiduciary obligation regarding the 1894 agreement between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); involves IR# 34, 34A, B-1, C and 37, 37A, B and C.
Highway and Access Road Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/06/08
Alleged Crown breached its fiduciary obligation to the FN when Ontario expropriated land on I. R. 34A for Highway 71 without proper surrender or compensation.
Lake of the Woods Watershed - In Negotiations - Date Claim Filed: 2008/10/16 Flooding (Tr3 Flooding Project) Active Negotiations - Canada Offered to Negotiate: 2009/04/14 - Pending FN's BCR Accepting to Negotiate: 2009/04/16 Alleged wrongful flooding of the Northwest Angle - Claimant Agreed to Negotiate: 2009/09/09 #37 Indian reserve due to the construction of dams at the entrance of the Winnipeg RIver and subsequent flooding of lands of Lake of the Woods.
Treaty Land Entitlement In Negotiations - Date Claim Filed: 2008/10/16 Active Negotiations - Canada Offered to Negotiate: 2009/03/17 - Pending FN's BCR Accepting to Negotiate: 2009/03/18 Unfulfilled treaty land entitlement pursuant to - Claimant Agreed to Negotiate: 2009/07/08 Treaty No. 3.
Obashkaandagaang (BAND-235) Flooding (Tr3 Flooding Project) In Negotiations - Date Claim Filed: 2008/10/16 Active Negotiations - Canada Offered to Negotiate: 2009/04/14 - Pending FN's BCR Accepting to Negotiate: 2009/04/15 (Band previous name: Washagamis Bay) Alleged - Claimant Agreed to Negotiate: 2010/02/03 reserve lands (Rat Portage 38A) flooded without compensation. Page 225 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Headlands Concluded - Research Start Date : 2004/09/30 File Closed - File Closed: 2008/04/02
Breach of fiduciary obligation regarding the 1894 agreement between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); involves IR# 38A.
Island 646P Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/04/19
(Band previous name: Washagamis Bay) FN Alleges that Island 646P was detached from Indian Reserve 38A by rising waters in the Lake of the Woods caused by the construction of the Norman Dam in 1898. The island was then subsequently sold in 1909 by Ontario without an expropriation or surrender having taken place. This island is located in the Treaty 3 area.
Reserve 38D In Negotiations - Research Start Date : 1983/10/15 Active Negotiations - Not Accepted for Negotiations: 1988/03/08 - Date Litigation Became Active : 1990/08/29 (Band previous name: Washagamis Bay) Alleged - Date of ISCC Process/Active: 1993/11/09 that several islands were not set aside as part of - Date Legal Opinion Signed: 1993/12/29 Reserve 38D pursuant to Treaty 3. Furthermore, - Pending FN's BCR Accepting to Negotiate: 1995/04/14 alleges these islands were alienated without - Claimant Agreed to Negotiate: 1995/08/04 compensation. - Negotiations Inactive: 2003/01/15 - Canada Offered to Negotiate: 2008/10/16
Ochiichagwe'babigo'ining First Nation (BAND-147) Flooding of the Dalles I.R. 38C In Negotiations - Date Claim Filed: 2008/10/16 (Tr3 Flooding Project) Active Negotiations - Canada Offered to Negotiate: 2009/04/14 - Pending FN's BCR Accepting to Negotiate: 2009/04/15 FN alleges that Canada breached its fiduciary - Claimant Agreed to Negotiate: 2009/08/03 duty towards the FN by failing to protect their reserve lands and their interests in other lands from flooding and injury caused by dams at the outlet of Lake of the Woods and in the Winnipeg River. Page 226 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Headlands Concluded - Date Legal Opinion Signed: 1996/03/12 File Closed - Research Start Date : 2004/09/30 - File Closed: 2008/04/02 Breach of fiduciary obligation regarding the 1894 agreement between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); involves IR# 38C.
Loss of Timber Revenue In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Date Legal Opinion Signed: 2009/10/26 - Canada Offered to Negotiate: 2011/02/14 Alleges inadequate compensation for timber taken - Negotiations Inactive: 2011/02/15 on Dalles Indian reserve 38C. - Pending FN's BCR Accepting to Negotiate: 2011/02/16
Transmission Line Settled - Date Litigation Became Active : 1996/04/16 Settled Through Negotiations - Date Legal Opinion Signed: 2003/01/06 - Pending FN's BCR Accepting to Negotiate: 2007/05/01 FN alleges insufficient compensation was - Claimant Agreed to Negotiate: 2008/07/22 received for the construction of a 47.35 acre - Canada Offered to Negotiate: 2008/10/16 transmission line right-of-way through Dalles I.R. - Settlement Signed by Claimant: 2009/02/27 #38C in 1956. There is also a timber issue. - Settlement Signed by Canada: 2009/03/26
Ojibways of Onigaming First Nation (BAND-131) Headlands Concluded - Research Start Date : 2004/09/30 File Closed - File Closed: 2008/04/02
Breach of fiduciary obligation regarding the 1894 agreement between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); involves IR# 35C, D, F and H. Page 227 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Lake of the Woods Watershed - In Negotiations - Date Claim Filed: 2008/10/16 Flooding (Tr3 Flooding Project) Active Negotiations - Canada Offered to Negotiate: 2009/04/14 - Pending FN's BCR Accepting to Negotiate: 2009/04/15 Alleges breach of fiduciary obligation relating to - Claimant Agreed to Negotiate: 2009/08/19 flooding of reserve lands as a result of the construction and operation of varoius dams in the Lake of the Woods watershed. Reserves affected: Sabaskong Bay IR# 35C, 35D. 35F and 35H.
Reserve 35D Trespass - In Negotiations - Date Litigation Became Active : 2000/04/27 Highway Active Negotiations - Date Legal Opinion Signed: 2007/08/20 - Negotiations Inactive: 2007/10/25 Alleged that Canada breached its obligations with - Pending FN's BCR Accepting to Negotiate: 2007/10/26 regard to various trespasses of Reserve 35D - Canada Offered to Negotiate: 2008/10/16 including flooding of a portion of the reserve and - Claimant Agreed to Negotiate: 2009/08/19 construction of Highway 71.
Windy Point IR 35 E2 Under Assessment - Date Claim Filed: 2010/07/15 Justice Department Preparing Legal Opinion - Research Start Date : 2010/07/16
Alleges failure to carry out survey necessary to create Windy Point IR 35E2 for the Assabaska Band or its successors.
Oneida Nation of the Thames (BAND-169) Land Acquisition Surplus and Concluded - Date Claim Filed: 2008/10/16 Account Interest File Closed - File Closed: 2009/04/20
Alleges J.B. Clench misappropriated the £163.7s. 4d from the FN's land acquisition surplus account in 1844 and the Crown failed to deposit the FN's money into accounts that paid interest beginning in 1840.
Lot 23-B and Subsequent Concluded - Date Claim Filed: 2008/10/16 Dealings File Closed - File Closed: 2009/04/20 Page 228 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) The FN is seeking repayment of the "short deposit" of £326; repayment of the payment of £100 and £178 16s 7 and loss of use of these funds from 1841 to date.
Purchase of East ½ Lot 24-D Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2009/04/20
The FN alleges the mismanagement of £75 withdrawn from the Oneida First Nation Trust Account. The FN also claims the current value and the loss of use of these funds from 1842 to date.
Pays Plat (BAND-191) Highway Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/02/17
Alleged Canada breached its fiduciary duty by allowing the expropriation of 8.25 acres of reserve land for a road right-of-way in 1933, and approximately 17 acres for a second expropriation in the 1950s. Reversionary issues. The land in question was reserved for the FN under the terms of the Robinson-Superior Treaty.
Railway Right-of-Way Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/01/05 - Not Accepted for Negotiations: 2010/05/28 Allege illegally obtained patent and sale to Canadian Pacific Railway of invalidly expropriated 25.05 acres of IR# 51 for a railway Right-of-Way and Wye intersection in 1912. Failure to minimally impair the FN's use; to provide reversionary interest in the lands; and to obtain adequate compensation. Page 229 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Treaty Boundary Other - Research Start Date : 2001/02/15 Active Litigation - Date Litigation Became Active : 2007/12/07
Alleged FN has not received its lawful land entitlement under the Robinson Superior Treaty. Alleged that the acreage of reserve land surveyed in 1885 was established at an arbitrary minimum.
Pic Mobert (BAND-195) Reserve Allocation Other - Research Start Date : 2004/06/09 Active Litigation - Date Litigation Became Active : 2007/12/07
FN alleges their right to reserve land under the Robinson-Superior treaty has not been fulfilled. Additionally, the FN alleges fiduciary obligation breaches by DIAND relating to negotiations with Ontario to purchase reserve land for the Band in 1922.
Rainy River First Nations (BAND-130) Headlands Concluded - Research Start Date : 2004/09/30 File Closed - File Closed: 2008/04/02
Breach of fiduciary obligation regarding the 1894 agreement between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); involves IR# 11 and 12.
Highway 11 and 71 Right Of Under Assessment - Date Claim Filed: 2008/10/16 Way Legal Opinion Signed - Date Legal Opinion Signed: 2011/06/01
Taking of the rights of way for highways 11 and 71 that cross Manitou Rapids Indian Reserve No. 11. Failure to fulfill lawful obligations; breach of lawful obligations; failure to act prudently in fulfillment of fiduciary duty to protect claimants interest in Reserve No. 11. Page 230 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Lake of the Woods Watershed - In Negotiations - Date Claim Filed: 2008/10/16 Flooding (Tr3 Flooding Project) Active Negotiations - Canada Offered to Negotiate: 2009/04/14 - Pending FN's BCR Accepting to Negotiate: 2009/04/15 Alleged breach of Crown's fiduciary duty with - Claimant Agreed to Negotiate: 2009/10/08 respect to flooding of reserve lands as a result of dams and other water level control devices constructed at the Westerly Outlet of the Lake of the Woods.
Railway - Right of Way Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2009/10/13
Alleged insufficient compensation for the construction of a 95 acre railway line in 1901 by the Ontario and Rainy River Railway and its successor companies, Canadian Northern and Canadian National Railways across Manitou Rapids I.R. 11, Long Sault I.R. 12, and Long Sault I.R. 13.
Surrender/Sales Proceeds Concluded - Research Start Date : 1983/03/28 Resolved Through Administrative Remedy - Date Litigation Became Active : 1989/02/10 - Date Legal Opinion Signed: 1994/04/20 Alleged a) the 6 surrenders (1915) of the Rainy - File Closed: 1994/04/26 River Reserves were void and that, in any event, - Date Referred for Admin. Remedy : 2005/05/06 b) the subsequent land sales were not conducted in a proper fashion.
Robinson Huron Chiefs (ASSCTN) Treaty Rights Concluded - Not Accepted for Negotiations: 1988/06/10 No Lawful Obligation Found
Chiefs of the Robinson-Huron treaty area asked that their treaty dated 1850 be renegotiated alleging that the Crown failed to meet certain commitments under the treaty specifically: Crown liability re Indian land, hunt/fish rts.
Sagamok Anishnawbek (BAND-179) Page 231 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) La Cloche Tract Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/03/13 - Not Accepted for Negotiations: 2010/07/28 (Band previous name: Spanish River IR No. 5) FN claims that the Lac Cloche Tract, a 2 mile by 5 mile (10 mi²) tract of land adjacent to the reserve, was wrongly excluded from the reserve at the time of survey in 1852, due to HBC interests in the land.
Sandy Lake (BAND-211) The Church Land Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2010/02/18
Alleged Canada failed to prevent the taking of approx. 296 acres of reserve land by the Catholic Mission.
The Mining Location In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Date Legal Opinion Signed: 2009/11/23 - Canada Offered to Negotiate: 2011/05/17 Allege that 17.31 acres staked out as mining - Negotiations Inactive: 2011/05/18 claims were part of the reserve and were never - Pending FN's BCR Accepting to Negotiate: 2011/05/19 properly surrendered or expropriated.
Treaty Land Entitlement Under Assessment - Date Claim Filed: 2008/10/16 Research
Initial shortfall claim - claim prepared by Nishnawabe-Aski Nation (NAN). FN alleges that there is an outstanding lawful obligation on the grounds that because the reserve was first surveyed in 1938 the land provided to the FN was insufficient according to the tems of Treaty 5.
Saugeen (BAND-123) Burial Ground Concluded - Date Referred for Admin. Remedy : 1992/05/21 Resolved Through Administrative Remedy
Owen Sound Burial Grounds - lots 97 & 99 Page 232 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Saugeen/Nawash Concluded - Date Legal Opinion Signed: 1992/03/18 No Lawful Obligation Found - Not Accepted for Negotiations: 1992/10/23
Alleged surrender of reserve lands in treaty 45 ½, dated 1836, was invalid, and the First Nation retains aboriginal rights to certain lands south of the Bruce (aka Saugeen) Peninsula. Re-examination of claim in light of the Supreme Court of Canada's Decision in the Sparrow Case.
Seine River First Nation (BAND-132) Flooding (Tr3 Flooding Project) In Negotiations - Date Claim Filed: 2008/10/16 Active Negotiations - Canada Offered to Negotiate: 2009/04/14 - Pending FN's BCR Accepting to Negotiate: 2009/04/15 The claimant alleges breach of fiduciary obligation - Claimant Agreed to Negotiate: 2009/08/19 by the Crown to protect the reserves (23, 23A and 23B) from flooding as a result of the construction of dams in the Rainy Lake watershed.
Headlands Concluded - Research Start Date : 2004/09/30 File Closed - File Closed: 2008/04/02
Breach of fiduciary obligation regarding the 1894 agreement between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); involves IR# 23, 23 A and B.
Highway 11 Expropriation Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2009/09/21
Alleged wrongful expropriation and breach of fiduciary duty by Canada for issuing an 86.36 acre road right-of-way across their reserve in 1962. Also, FN alleges fiduciary breach with respect to accounting for revenues derived for sand and gravel permits, and revenue derived from the construction and use of access roads. Page 233 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Railway Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/03/23 - Not Accepted for Negotiations: 2010/03/26 Alleged that Canada breached its fiduciary obligations by failing to ensure that the provisions of the Railway Act of 1888 and Indian Act were adhered to when permitting the ORRR/CNR to expropriate 48.54 acres from Reserve No. 23 in 1901. Also, FN alleges failure to provide for adequate, timely compensation and reversionary rights. The land in question was set aside for the FN under the terms of Treaty 3.
Sturgeon Falls Trespass Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2009/08/06
Alleged that Canada failed to prevent the destruction of portions of the lower Sturgeon Falls in 1927 which resulted in loss and damage of Seine River IR# 23. Canada is in breach of its fiduciary trust, constitutional and statutory duties based on Treaty 3, the Indian Act R.S.C., 1886, as amended, and the Constitution Act, 1982, to protect Seine River IR# 23 from unlawful trespass, use, occupation, damage or alienation. Canada failed to ensure that the Seine River First Nation received adequate compensation for the losses suffered.
Timber Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/03/18 - Not Accepted for Negotiations: 2011/05/11 FN alleges that in 1900-1901, the ORRR trespassed upon the Seine River reserves and cut over 1000 trees, covering an area of about 20 acres, without surrender or permission from the band. FN further alleges that Canada's failure to prevent the cutting of timber consitutes a breach of fiduciary duty. Page 234 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Treaty Land Entitlement Under Assessment - Date Claim Filed: 2008/10/16 Research
FN alleges a failure to complete an accurate census at the time of first survey led to a TLE shortfall; this, in addition to late additions, has led to a historic TLE shortfall.
Serpent River (BAND-201) Acid Plant Under Assessment - Date Claim Filed: 2010/01/13 Justice Department Preparing Legal Opinion - Research Start Date : 2010/01/14
Alleges that Canada breached its treaty, statutory and fiduciary obligations towards them while executing and managing a portion of their Reserve land during the construction and operation of an acid plant.
Highway Taking Concluded - Research Start Date : 2001/10/01 File Closed - File Closed: 2007/10/11
Alleged illegal occupation and trespass of approximately 100 acres of I. R. No. 7 by Public Highways constructed between 1870 and 1956 without proper surrender or compensation.
Shawanaga First Nation (BAND-137) Ontario Hydro & Bell Canada Under Assessment - Date Claim Filed: 2008/10/16 Trespasses Justice Department Preparing Legal Opinion
The Band alleges that the hydro-Electric Power Commission of Ontario unlawfully occupies the Shawanaga FN's two reserves, and has never paid proper compensation for the lines. The Band further alleges that Bell Canada never received authorization to occupy the reserves, nor did they pay any compensation. The Band claims that Canada breached provisions of the Indian Act and breached its fiduiary duty by failing to obtain proper compensation. Page 235 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Shoal Lake No.40 (BAND-155) Flooding Under Assessment - Date Claim Filed: 2009/10/08 Legal Opinion Signed - Research Start Date : 2009/10/09 - Date Legal Opinion Signed: 2010/04/27 Alleges flooding of reserve lands due to artificially high water levels created by dams at Lake of the Woods.
Garden Island In Negotiations - Research Start Date : 1992/01/27 Active Negotiations - Date Litigation Became Active : 1997/02/14 - Date Legal Opinion Signed: 2001/12/31 Alleges that certain islands in Indian Bay of Shoal - Pending FN's BCR Accepting to Negotiate: 2005/03/09 Lake were duly set aside for them under Treaty 3 - Canada Offered to Negotiate: 2008/10/16 and never validly surrendered or expropriated. - Claimant Agreed to Negotiate: 2009/01/21
GWWD Expropriation & Concluded - Date Litigation Became Active : 1997/02/14 Surrender File Closed - Date Legal Opinion Signed: 2004/10/29 - Research Start Date : 2005/05/05 Alleged inadequate compensation for lands taken - File Closed: 2007/10/24 for water storage and supply purposes for Greater Winnepeg Water District Project and inadequate compensation for sand and gravel taken for same project.
Headlands Concluded - Date Legal Opinion Signed: 2001/12/31 File Closed - Research Start Date : 2004/09/30 - File Closed: 2008/04/02 Breach of fiduciary obligation regarding the 1894 agreement between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); involves IR# 40 and 34 B-2 (held in common with Iskatewizaggegan #39 Independent FN.)
Six Nations of the Grand River (BAND-121) Bed of the Grand River and Other - Date Litigation Became Active : 1995/03/24 Islands Active Litigation Page 236 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Alleged failure to compensate for certain islands in the Grand River and claim to the bed of the Grand River in 1784.
Burtch Tract Other - Research Start Date : 1993/02/01 Active Litigation - Date Litigation Became Active : 1995/03/24
Alleged invalid surrender in 1841 of 5,223 acres in Brantford township.
Canby - Block 6 Other - Research Start Date : 1992/04/15 Active Litigation - Date Litigation Became Active : 1995/03/24
Pre-Confederation 19,000 acre tract in Canborough Township. Alleged that in 1798, the tract of land was never lawfully surrendered. Government in place at the time breached its fiduciary obligation for failing to enforce payment for the grant.
Cayuga Other - Research Start Date : 1994/07/01 Active Litigation - Date Litigation Became Active : 1995/03/24
Alleged Cayuga township was surrendered in 1831 and 1834, and de-surrendered circa 1844 by Indian Affairs in exchange for exclusion of Burtch tract from band lands. Also, that the 1831 and 1834 surrenders were for lease and that any sale of the portions of Cayuga Township, South of the Grand River, was illegal.
CNR Lots 45-61 Other - Research Start Date : 1993/10/13 Active Litigation - Date Litigation Became Active : 1995/03/24
Alleged illegal alienation of land for railway right of way. There was never a surrender document obtained from Six Nations, giving consent to the railway right-of-way. Page 237 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Comp. for Lands in Letter Other - Date Litigation Became Active : 1995/03/24 Patent # 708 Active Litigation
The FN alleges that the surrender dated April 19, 1830 to allow the sale of 807 acres for the town plot of Brantford was invalid. In addition, the FN alleges there was a fiduciary breach by the Crown when it granted Letters Patent number 708 dated November 5, 1851. The patent covered 33 lots were never credited to the Six Nations Trust Funds.
Comp. for Lands in Letters Other - Date Litigation Became Active : 1995/09/21 Patent # 910 Active Litigation
The FN alleges that the surrender dated April 19, 1830 to allow the sale of 807 acres for the town plot of Brantford was invalid. In addition, the FN alleges there was a fiduciary breach by the Crown when it granted Letters Patent Number 910 dated July 12, 1852. The patent covered 8 lots and consisted of 1.6 acres. According to the FN, no funds from the sale of the 8 lots were ever credited to the Six Nations Trust Funds.
Comp. for Lands Patented to Other - Date Litigation Became Active : 1995/03/24 Nathan Gage Active Litigation
The FN alleges that the surrender dated April 19, 1830 to allow the sale of 807 acres for the town plot of Brantford was invalid. In addition, the FN alleges there was a fiduciary breach by the Crown when it granted Letters Patent dated February 25, 1840. The patent covered 19 lots were never credited to the Six Nations Trust Funds.
Coutts & Co. Investments Other - Research Start Date : 1994/06/21 Active Litigation - Date Litigation Became Active : 1995/03/24 Page 238 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Alleged breach of fudiciary trust by not properly accounting for Six Nations funds appropriated by Crown and invested in Coutts & Co. (London), between 1805 and 1855.
Eagle's Nest Tract Other - Research Start Date : 1993/10/15 Active Litigation - Date Litigation Became Active : 1995/03/24
Alleged 1,800 acres Eagle's Nest Tract, in Brantford Township was not included in the 1841 surrender nor was it surrendered in 1844. Also alleged this land was reserved for leasing.
East Hawkesbury Other - Research Start Date : 1985/12/31 Active Litigation - Not Accepted for Negotiations: 1988/07/21 - Date Legal Opinion Signed: 1993/04/15 Alleged invalid surrender, in 1847, of 4,000 acres - Date Litigation Became Active : 1995/03/24 in the township of East Hawkesbury.
General Surrender Other - Research Start Date : 1991/07/19 Active Litigation - Date Litigation Became Active : 1995/03/24
Alleged general surrender of 1841 was invalid.
Grand River Navigation Other - Research Start Date : 1992/09/30 Company (368 Acres) Active Litigation - Date Litigation Became Active : 1995/03/24
Alleged illegal alienation of 368.7 acres to the Grand River Navigation Company in 1837. This claim is also known as Grand River Navigation Company Claim.
Innisfil Township Other - Not Accepted for Negotiations: 1988/07/21 Active Litigation - Date Legal Opinion Signed: 1994/04/28 - Date Litigation Became Active : 1995/03/24 Alleged 900 acres of land in Innisfill Township was alientated without authorization or consent. Page 239 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Jarvis Investments Other - Date Litigation Became Active : 1995/03/24 Active Litigation
Alleged breach of fiduciary obligation for allowing agents of the Crown to appropriate funds in a manner contrary to Six Nations' best interests.
Johnson's Settlement Other - Research Start Date : 1993/10/10 Active Litigation - Date Litigation Became Active : 1995/03/24
Alleged invalid surrender of, a 7000 acre tract located in Brantford township. This land was to be reserved as a continual source of revenue for Six Nations, through leasing.
Martin's Tract Other - Research Start Date : 1993/10/10 Active Litigation - Date Litigation Became Active : 1995/03/24
Alleged invalid surrender and sale of lots 11-31 consession 3, Onondaga township circa 1840. By Order-in-Council, the land was to be leased to create continual income for the Six Nations Indians.
Moulton Township Other - Research Start Date : 1985/12/31 Active Litigation - Not Accepted for Negotiations: 1989/05/12 - Date Legal Opinion Signed: 1993/03/24 Alleged 30,100 acres in Moulton Township were - Canada Offered to Negotiate: 1993/11/19 sold, in 1807, without a surrender. - Date Litigation Became Active : 1995/03/24
Oil and Gas Other - Date Litigation Became Active : 1995/03/24 Active Litigation
Alleged invalid surrender of oil and gas May 1925 and breach of fiduciary duty in the administration of exploration and distribution leases. Page 240 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Oneida Township Other - Date Litigation Became Active : 1995/03/24 Active Litigation
Alleged invalid surrender of entire Oneida township in 1841.
Onondaga Township Other - Date Litigation Became Active : 1995/03/24 Active Litigation
Alleged that 2000 acres in Onondaga township were not lawfully surrendered in 1841.
Oxbow Bend Other - Research Start Date : 1993/10/10 Active Litigation - Date Litigation Became Active : 1995/03/24
Alleged that in 1841, 1200 acres of land in Brantford township was never lawfully surrendered for sale. That by Order-in-Council of Oct/1841, the Oxbow Bend was to be leased on a short-term basis to create a continual income for FN.
Plank Road Other - Research Start Date : 1994/02/20 Active Litigation - Date Litigation Became Active : 1995/03/24
Alleged road lots in Oneida and Seneca Townships were not included in alleged invalid 1841 surrender. Although the Six Nations had only agreed to lease the land, it was sold against the FNs wishes.
Port Maitland Other - Research Start Date : 1992/07/01 Active Litigation - Date Legal Opinion Signed: 1994/11/25 - Date Litigation Became Active : 1995/03/24 Alleged compensation never received for lots 25 and 26 concession 4, Dunn township, Port Maitland, when land was transferred to the Department of the Interior in 1915. Page 241 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Railway Settled - Date Legal Opinion Signed: 1983/05/24 Settled Through Negotiations - Canada Offered to Negotiate: 1983/06/08 - Settlement Signed by Claimant: 1985/12/23 Alleged faulty expropriation of land, in 1875, for - Settlement Signed by Canada: 1985/12/24 railway purposes.
Source of the Grand River Other - Research Start Date : 1993/09/20 Active Litigation - Date Litigation Became Active : 1995/03/24
Alleged terms and conditions of the Haldimand Deed of 1784 were breached in that all the lands described in the Deed, i.e. six miles on either side of the Grand River from its mouth to its source, were not set aside.
Towpath Other - Date Legal Opinion Signed: 1978/03/28 Active Litigation - File Closed: 1979/09/25 - Research Start Date : 1993/02/01 Alleged unextinguished interest in the towpaths - Date Litigation Became Active : 1995/03/24 on each side of the Grand River and in the bed and island of the Grand River. This claim rests on the interpretation of a land surrender obtained in 1784. Although the land was appropriated by the Grand River Navigation Company in 1836, compensation was never paid for the 368.7 acres granted to the company, including 36 acres of towpath land.
Welland Canal Other - Research Start Date : 1990/12/31 Active Litigation - Date Legal Opinion Signed: 1993/10/15 - Canada Offered to Negotiate: 1994/05/13 Alleged illegal taking of, and inadequate - Date Litigation Became Active : 1995/03/24 compensation for approximately 2,000 acres of land along the Grand River flooded by the Welland Canal Company 1829-1836.
Stanjikoming First Nation (BAND-133) Page 242 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Flooding (Tr3 Flooding Project) In Negotiations - Date Claim Filed: 2008/10/16 Active Negotiations - Canada Offered to Negotiate: 2009/04/14 - Pending FN's BCR Accepting to Negotiate: 2009/04/15 Allegations of flooding of reserve land and - Claimant Agreed to Negotiate: 2009/04/29 non-receipt of share of prior flooding compensation.
Headlands (Headlands Project) Concluded - File Closed: 2008/04/02 File Closed
Breach of fiduciary obligations regarding the 1894 agreement between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); involves IR# 18C.
Rainy Lake Settled - Research Start Date : 1982/05/20 Settled Through Negotiations - Date Legal Opinion Signed: 1983/11/24 - Canada Offered to Negotiate: 1984/06/27 Rainy Lake I.R. 18B and 18C were originally - Settlement Signed by Canada: 1990/07/31 surveyed and set aside in common for the Stanjikoming FN and the Couchiching FN in 1876. 18B is now part of Couchiching I.R. 16A and the claimant alleges unextinguished interest in Rainy Lake 18B.
Treaty Land Entitlement In Negotiations - Date of ISCC Process/Active: 1999/11/04 Active Negotiations - Research Start Date : 2004/04/14 - Date Legal Opinion Signed: 2005/09/23 Unfulfilled treaty land entitlement pursuant to - Pending FN's BCR Accepting to Negotiate: 2007/06/15 Treaty No. 3. - Claimant Agreed to Negotiate: 2007/07/16 - Canada Offered to Negotiate: 2008/10/16
Temagami First Nation (BAND-222) Page 243 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Aboriginal Title Concluded - Date Legal Opinion Signed: 1974/11/05 File Closed - Canada Offered to Negotiate: 1975/02/10 - Date Litigation Became Active : 1991/04/25 Alleged unextinguished Aboriginal title to 10, 360 - File Closed: 1999/03/26 sq. km. in vicinity of Lake Temagami and outstanding annuities. Temagami FN, despite occupying an area within the confines of the Robinson-Huron Treaty (1850), was not a signatory due to an oversight.
Thessalon (BAND-202) Boundaries of Thessalon In Negotiations - Research Start Date : 2001/06/25 Inactive Negotiations - Date Legal Opinion Signed: 2007/12/12 - Pending FN's BCR Accepting to Negotiate: 2008/07/04 Alleged that, in 1852, the Thessalon reserve was - Canada Offered to Negotiate: 2008/10/16 surveyed in "miles," and not in "leagues" as the - Claimant Agreed to Negotiate: 2009/03/31 FN intended. As a result, the FN allegedly did not - Negotiations Inactive: 2010/03/31 receive the proper amount of land to which it was entitled under the Robinson-Huron Treaty. (note: 1 league = between 2.5 and 4 miles)
Road Rebates Concluded - File Closed: 2000/06/30 File Closed
Alleged the government rightfully sold their surrendered lands in 1874 and the beginning of the 1890s, and the proceeds were distributed among the members of the FN, government had no right in making a deduction or rebate from the sale price due to road reservations, especially since no such deductions or rebates were made in any other place in Canada.
United Indian Council (ASSCTN) Page 244 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) 1923 Williams Treaty Other - Research Start Date : 1986/12/15 Active Litigation - Date Legal Opinion Signed: 1992/06/15 - Canada Offered to Negotiate: 1994/04/18 Alleged Williams Treaty was invalid, inadequate - Date Litigation Became Active : 2000/07/27 compensation for land taken and failure to provide reserves. (FN involved: Alderville, Beausoleil, Chippewas of Georgina Island, Chippewas of Mnjikaning, Curve Lake, Hiawatha, Mississauga of Scugog Island).
Wabauskang First Nation (BAND-156) Headlands Concluded - Research Start Date : 2004/09/30 File Closed - File Closed: 2008/04/02
Breach of fiduciary obligation regarding the 1894 agreement between Canada and Ontario, and the later revocation of this portion of the agreement by Ontario in 1915 (Canada / Ontario Boundary Dispute); involves IR# 21.
Wabigoon Lake Ojibway Nation (BAND-157) Flooding Concluded - Research Start Date : 1993/03/12 File Closed - Date Litigation Became Active : 1993/09/08 - Date Legal Opinion Signed: 1996/11/13 FN alleges that Canada: permitted non-Indians to - Claimant Agreed to Negotiate: 2004/03/01 construct dams in 1897 on the Wabigoon River - Canada Offered to Negotiate: 2008/10/16 which led to the overflow of 1,300 acres of reserve - File Closed: 2009/12/02 land; failed to obtain adequate compensation for land lost to flooding; failed to secure appropriate authority for the taking of the use of the lands and waters of the Wabigoon Reserve; failed to consult with the FN regarding the flooding; and failed to make a claim against Ontario for the flooding of the reserve.
Headlands Concluded - Date Legal Opinion Signed: 2000/01/07 File Closed - Research Start Date : 2004/09/30 - File Closed: 2008/04/02 Page 245 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Breach of fiduciary obligations regarding the 1894 agreement between Canada and Ontario, granting water power rights to the province: involves IR# 27.
Timber Claim Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2010/10/12
FN alleges that Canada failed to obtain proper consent for the sale of timber as required by Treaty 3 and the Indian Act. Further, the FN alleges Canada failed to secure a reasonable compensation for the 1907 sale of timber rights. In addition, FN alleges Canada breached its fiduciary duty by allowing a third party to trespass on the west side of the reserve and cut timber.
Wahgoshig (BAND-233) Validity of the Joint Ownership Concluded - Date Claim Filed: 2008/10/16 of Abitibi IR 70 No Lawful Obligation Found - Not Accepted for Negotiations: 2010/08/06
FN alleges the 1951 and 1974 division of assets between the Wahgoshig First Nation and Abitibiwinni FN (Quebec) was unfair, and has resulted in the non-fulfilment of the FN's Treaty 9 land entitlement. The FN also alleges the unfair division of assets constitutes a breach of Canada's fiduciary duty.
Wahnapitae (BAND-232) Boundary In Negotiations - Research Start Date : 1997/01/03 Active Negotiations - Date Legal Opinion Signed: 2000/10/25 - Pending FN's BCR Accepting to Negotiate: 2000/12/14 FN alleges that when their ancestors negotiated - Negotiations Inactive: 2005/09/29 and signed the Robinson-Huron Treaty in 1850, it - Canada Offered to Negotiate: 2008/10/16 was based on the intention that their reserve - Claimant Agreed to Negotiate: 2010/01/20 would be surveyed in "leagues" and not miles. (Note: 1 league equals between 2.5 and 4 miles) Thus, the FN alleges the Crown failed to set aside the proper amount of reserve land under the Treaty. Page 246 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Ontario Hydro Flooding Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed
Alleges flooding of I.R. #11 and breach of fiduciary obligation for failure to address and seek compensation for flooding and erosion by Ontario Hydro and others prior to 1970.
Wahta Mohawk (BAND-134) Gibson Settled - Research Start Date : 1981/10/20 Settled Through Negotiations - Date Legal Opinion Signed: 1985/07/02 - Canada Offered to Negotiate: 1985/11/14 The Mowhaks of Gibson relocated to Gibson - Date Litigation Became Active : 1987/09/06 Township from Oka, Quebec in 1881, due to land - Settlement Signed by Claimant: 2004/01/03 problems between the Indians and the Seminary - Settlement Signed By Province: 2004/05/18 of St. Sulpice. 25,000 acres of land was acquired - Settlement Signed by Canada: 2004/11/30 from Ontario to establish the reserve. By 1928, when it was apparent that not all of the Oka Indians relocated to Gibson, Canada returned 10,500 acres to the province without surrender by, or compensation to, the Gibson Indians. ICO process.
Walpole Island (BAND-170) 1958 Seaway Treaty Concluded - Research Start Date : 2006/04/24 (Surrender Project) No Lawful Obligation Found - Date Legal Opinion Signed: 2007/11/09 - Not Accepted for Negotiations: 2008/10/01 Claim concerns construction of 16mi x 1000ft channel on IR #46. FN alleges Crown did not conduct sufficient evaluation or impact studies prior to surrender, inadequate compensation provided, injurious affection to remaining lands, loss of economic opportunity related to lands and damages resulting from construction of the channel; FN alleges no consideration was given to a lease rather than surrender. Page 247 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Anderdon Other - Date Claim Filed: 2008/10/16 Active Litigation - Date Litigation Became Active : 2011/06/22
Alleged that the Crown failed to carry out the terms of the surrender of 300 acres in Anderdon Township in 1848. Also raises questions regarding the sale of the land, including whether fair value was paid for the land.
Attempted Survey Settled - Research Start Date : 1993/08/15 Settled Through Negotiations - Date Legal Opinion Signed: 1994/03/11 - Canada Offered to Negotiate: 1994/10/14 Alleged that the government attempted to survey - Settlement Signed by Claimant: 2005/12/19 Walpole Island 1890-1910 against the wishes of - Settlement Signed by Canada: 2006/03/19 the First Nation. Seeks return of First Nation trust funds used to pay for the survey. Survey never completed.
Bob Lo (Bois Blanc) Island Other - Research Start Date : 1993/03/15 Active Litigation - Date Legal Opinion Signed: 1995/10/05 - Not Accepted for Negotiations: 1995/11/24 Alleged the surrender in 1786 was invalid and that - Date of ISCC Process/Active: 1996/04/25 no compensation was ever paid to the FN. - Date Litigation Became Active : 2000/04/27
Chenail Ecarte Reserve Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/02/23 - Not Accepted for Negotiations: 2010/09/16 Alleged that Chenail Ecarte Reserve was intended to be 144 sq. miles. Surrender #7 document specified on 12 sq. miles. Further the terms of treaty re. payment were never fulfilled. (Sombra Townships)
East Sister Island Other - Date Claim Filed: 2008/10/16 Active Litigation - Date Litigation Became Active : 2011/06/22
Alleged the Crown breached its fiduciary obligations regarding the use, licence and disposition of the island. Page 248 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Enniskillen (SPLIT #03) Concluded - Canada Offered to Negotiate: 2008/10/16 Walpole Island File Closed - File Closed: 2008/10/17
Alleges that certain lands in Enniskillen Township were sold without surrender. Other Claimants - Kettle and Stony Point and Aamjiwnaang FN's have settled this claim.
Fawn Island Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/06/23 - Not Accepted for Negotiations: 2010/12/13 The WIFN claims that Canada was negligent in breach of its fiduciary duty regarding the disposition of Fawn Island and that the lands were sold for less than their fair market value. The Island was surrendered in 1857, but only sold in 1875.
Fighting Island Other - Research Start Date : 1995/04/15 Active Litigation - Date Litigation Became Active : 2000/04/27
Alleged that Fighting Island and the adjacent fishery and waters have never been lawfully surrendered by Walpole Island First Nation.
Grass Island Other - Research Start Date : 1995/04/15 Active Litigation - Date Litigation Became Active : 2000/04/27
Alleged that Canada illegally patented Grass Island in 1890, that the island was never surrendered and no compensation for it was paid to Walpole Island.
Hen and Chicken Island Other - Date Claim Filed: 2008/10/16 Active Litigation - Date Litigation Became Active : 2011/06/22
Alleged the Crown breached its fiduciary obligations regarding the use, licence and disposition of the island. Page 249 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Lower Indian Reserve In Negotiations - Date Legal Opinion Signed: 1995/12/08 Active Negotiations - Research Start Date : 2008/02/20 - Negotiations Inactive: 2008/08/14 Seeks the return of lower reserve, or - Pending FN's BCR Accepting to Negotiate: 2008/08/15 compensation and questions the price paid for the - Canada Offered to Negotiate: 2008/10/16 land. The claim is located in the township of - Claimant Agreed to Negotiate: 2008/11/21 Moore.
Middle Island Other - Date Claim Filed: 2008/10/16 Active Litigation - Date Litigation Became Active : 2011/06/22
Alleged the Crown breached its fiduciary obligations permitting Middle Island to be occupied pursuant to a license of occupation with no renumeration to the FN. The Crown also failed to advertise the sale of Middle Island.
Middle Sister Island Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2010/12/24
Alleged the Crown breached its fiduciary obligations regarding the use, licence and disposition of the island, and sold the island for less than Fair Market Value.
North Harbour Island Other - Date Claim Filed: 2008/10/16 Active Litigation - Date Litigation Became Active : 2011/06/22
Alleged the Crown breached its fiduciary obligations regarding the use, licence and disposition of the island.
Peche Island (Fishing / Peach Other - Date Claim Filed: 2008/10/16 Island) Active Litigation - Date Legal Opinion Signed: 2008/10/30 - Date Litigation Became Active : 2011/06/22 Claimant alleges licenses and leases were issued to Peche Island without any compensation paid to First Nation. Claimant also alleges that they did not receive fair market value for Peche Island at time of surrender in 1857. Page 250 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Pelee Island Other - Research Start Date : 1993/03/11 Active Litigation - Date Legal Opinion Signed: 1995/10/26 - Not Accepted for Negotiations: 1995/11/24 Alleged Pelee Island was never surrendered, that - Date of ISCC Process/Active: 1996/03/28 1870 surrender did not include Pelee Island and - Date Litigation Became Active : 2000/04/27 that no compensation has been paid to the FN for the island.
Sawmill and Dock Lease Concluded - Research Start Date : 2004/08/01 Surrender (Surrender Project) No Lawful Obligation Found - Date Legal Opinion Signed: 2007/07/13 - Not Accepted for Negotiations: 2007/10/10 FN alleges the Crown broke its fiduciary obligations to the Band regarding a 5 year lease of 3 acres of reserve land in 1883, for the purposes of constructing a dock and lumber mill.
St. Clair Flats Other - Research Start Date : 2002/04/04 Active Litigation - Date Litigation Became Active : 2004/07/14
Alleges that in 1892 Ontario illegally sold and patented part of St. Clair Flats.
Surrenders for Timber on Concluded - Date Claim Filed: 2008/10/16 Walpole Island No Lawful Obligation Found - Date Legal Opinion Signed: 2008/12/08 - Not Accepted for Negotiations: 2009/11/13 FN alleges that Canada breached its fiduciary obligation by upholding the Jan. 30, 1883 vote when the Indian Agent provided only one proposal for consideration and in suggesting or threatening that if the FN didn't vote in favour of the proposal, the timber would be surrendered to the Crown for sale by tender.
Turkey Island Other - Research Start Date : 1995/04/15 Active Litigation - Date Litigation Became Active : 2000/04/27 Page 251 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Alleged Walpole Island Indians and the Chippewas of Anderdon were the rightful owners of Turkey Island. Canada erred in seeking a surrender from the Wyandotts of Anderdon in 1874.
Wasauksing First Nation (BAND-136) External Boundary of Parry Concluded - Date Legal Opinion Signed: 1997/12/04 Island IR 16 No Lawful Obligation Found - Not Accepted for Negotiations: 1998/05/21
At issue, are 'islands' which the FN claims were attached to Parry Island in 1852, when it was set aside as a Reserve. Fast-track
Parry Island Settled - Settlement Signed by Canada: 1987/04/13 Settled Through Negotiations
Formerly Parry Island FN. Claim concerns removal of sand and gravel from drained lands which were originally expropriated in 1895, for the terminus of the CN railway at Depot Harbour. Harbour no longer being used for shipping purposes and FN contends that the railway company had promised to return the area in question to Canada to be reestablished as an Indian reserve when it was no longer required for its original purpose.
Salt's Point (Surrender Project) Concluded - Research Start Date : 1996/12/18 No Lawful Obligation Found - Date Legal Opinion Signed: 2006/03/17 - Not Accepted for Negotiations: 2006/08/11 FN alleges the July 18th, 1900 surrender of 93.5 acres at the northeastern end of Parry Island was invalid. The FN further alleges that by allowing the invalid surrender Canada breached its fiduciary obligation. Finally, the FN alleges loss of use concerning the surrendered land..
Whitefish River (BAND-230) Page 252 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Boundaries of Whitefish River In Negotiations - Research Start Date : 2004/04/01 Active Negotiations - Date Legal Opinion Signed: 2007/12/12 - Negotiations Inactive: 2008/07/25 Allege that the Whitefish Reserve did not receive - Pending FN's BCR Accepting to Negotiate: 2008/07/26 the proper amount of land to which it was entitled - Canada Offered to Negotiate: 2008/10/16 under the Robinson-Huron Treaty. - Claimant Agreed to Negotiate: 2009/06/12
Highway Other - Date Legal Opinion Signed: 1995/06/22 Active Litigation - Pending FN's BCR Accepting to Negotiate: 2000/03/10 - Claimant Agreed to Negotiate: 2000/06/22 Alleged failure to provide compensation for - Canada Offered to Negotiate: 2008/10/16 reserve taken for highway purposes. - File Closed: 2010/03/24 - Date Litigation Became Active : 2011/01/17
Moose Point Settled - Date Legal Opinion Signed: 1993/01/12 Settled Through Negotiations - Settlement Signed by Claimant: 1993/03/11 - Settlement Signed by Canada: 1993/03/30 The FN alleges that pursuant to the 1901 surrender of 710 acres of reserve lands, due to errors in description of surrendered lands in the survey plans, an additional 540 acres of land was included in letters patent to a railway company for which the FN received no compensation.
Wikwemikong (BAND-175) Point Grondine Settled - Research Start Date : 1987/10/23 Settled Through Negotiations - Date Litigation Became Active : 1987/11/26 - Date Legal Opinion Signed: 1992/06/12 Alleged boundaries of reserve land were surveyed - Canada Offered to Negotiate: 1993/02/02 incorrectly, at the Robinson-Huron Treaty of 1850, - Settlement Signed by Claimant: 1995/04/13 using miles rather than leagues, resulting in loss - Settlement Signed By Province: 1995/04/14 of land to the First Nation. - Settlement Signed by Canada: 1995/05/04
Wikwemikong Islands In Negotiations - Research Start Date : 1986/06/04 Active Negotiations - Date Legal Opinion Signed: 1996/08/26 - Not Accepted for Negotiations: 1997/05/22 Alleged 41 islands near Manitoulin Island were - Date Litigation Became Active : 1997/07/10 never surrendered to the Crown in 1836 and - Pending FN's BCR Accepting to Negotiate: 2004/02/22 1862. - Claimant Agreed to Negotiate: 2006/09/22 - Canada Offered to Negotiate: 2008/10/16
Page 254 of 326 Report as of 2011/07/04 Status Report on Specific Claims
PRINCE EDWARD ISLAND (2)
Claimant & Claim Name Current Status & Description Key Date(s) Abegweit (BAND-001) Lady Wood Trust Concluded - File Closed: 1988/04/15 File Closed
FN alleged that the Micmacs of P.E.I. did not receive due benefit from an Estate and trust fund.
Lennox Island (BAND-002) Hog Island Concluded - Research Start Date : 1997/09/17 File Closed - Date Legal Opinion Signed: 2005/03/24 - Canada Offered to Negotiate: 2008/10/16 The Claimant alleges that Hog Island, near - Negotiations Inactive: 2008/10/17 Lennox Island, belongs to the Lennox Island First - Pending FN's BCR Accepting to Negotiate: 2008/10/18 Nation. - File Closed: 2011/03/29 Page 255 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Abénakis de Wôlinak (BAND-071) La Cession et la vente de la Under Assessment - Date Claim Filed: 2011/05/04 réserve de Coleraine Research - Research Start Date : 2011/05/05 (1847-1933) The Crown did not consult with the Fist Nation about the location of the reserve, did not take measures to monitor the reserve and protect the interests of the Abenakis, and did not investigate the theft of wood. The Crown did not provide advice to the Abenakis at the time of surrender and accepted an invalid surrender. The Crown did not dispose of the surrendered lands in the best interest of the Abenakis.
Orig. Limits Wolinak: seigneurie Under Assessment - Date Claim Filed: 2008/10/16 Becancour Justice Department Preparing Legal Opinion
Alleges illegal alienation of lands known as 'The Seigneurie of Bécancour', which FN claimed belonged to the Abenakis of Wôlinak.
Quebec-Montreal Southern Under Assessment - Date Claim Filed: 2008/10/16 Railway co. 1906-1946 Justice Department Preparing Legal Opinion
Alleged invalid expropriation of land for the construction of a railroad. It is alleged that the FN was not adequately compensated.
Atikamekw d'Opitciwan (BAND-079) Création de Re: Perte d`usage Under Assessment - Date Claim Filed: 2008/10/16 1914-1944 Justice Department Preparing Legal Opinion
The Band claims that the government was committed to creating a reserve in 1914. Creation of a reserve
Création de Re: Provisions Under Assessment - Date Claim Filed: 2008/10/16 territoriales Justice Department Preparing Legal Opinion
The Band claims that insufficient land was allocated for the creation of the reserve. Page 256 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Inondation 1918 Under Assessment - Date Claim Filed: 2008/10/16 Justice Department Preparing Legal Opinion
The Band claims that the 1918 agreement was illegal and that compensation received after the 1918 flood was inadequate. Flood
Inondation 1957 Under Assessment - Date Claim Filed: 2008/10/16 Justice Department Preparing Legal Opinion
The Band claims that the loss of reserve land and a sawmill was due to increased water levels in the Gouin Reservoir throughout the 1940s and 1950s. Flood
Bande des Innus de Pessamit (BAND-085) Cession des terrains de la Concluded - Date Claim Filed: 2008/10/16 réserve-1923 (Surrender No Lawful Obligation Found - Date Legal Opinion Signed: 2010/05/19 Project) - Not Accepted for Negotiations: 2011/03/07 FN claims that the 1923 surrender of four lots on the Betsiamites Reserve to the Brown Corporation is not valid. FN alleges that the vote for the surrender and the results obtained did not satisfy the requirements set out in the Indian Act.
Cession du bois marchand - Concluded - Date Claim Filed: 2008/10/16 1918 (Surrender Project) No Lawful Obligation Found - Date Legal Opinion Signed: 2010/01/06 - Not Accepted for Negotiations: 2010/10/22 The FN alleges that the 1918 timber surrender was invalid.
Cession et vente du bois de la Concluded - Date Claim Filed: 2008/10/16 réserve (1889-1897) No Lawful Obligation Found - Date Legal Opinion Signed: 2009/12/03 - Not Accepted for Negotiations: 2010/07/14 The FN alleges that the 1889 surrender of the timber on the reserve is invalid and that the DIA mismanaged the sale of the timber (insufficient timber dues and rights; lack of effort to retrieve late fees, etc.). Page 257 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Commerçants Eurocanadiens In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Date Legal Opinion Signed: 2010/05/21 - Canada Offered to Negotiate: 2011/05/11 The FN alleges that the federal government was - Negotiations Inactive: 2011/05/12 negligent during commercial activities on the - Pending FN's BCR Accepting to Negotiate: 2011/05/13 Betsiamites reserve.
Exploitation forestière et Under Assessment - Date Claim Filed: 2008/10/16 empiétements Legal Opinion Signed - Date Legal Opinion Signed: 2011/01/13
The FN alleges that there were illegal timber activities on the reserve, and that the FN never received compensation.
Hydroline 1 Concluded - Date Legal Opinion Signed: 1994/06/14 File Closed - File Closed: 1996/10/08
Alleged illegal taking of land for hydroline (44-46 kV) in 1953, and for settlement improvements, inadequate compensation and mismanagement of FN's assets in the course of purchase of shares in an electricity co-operative.
Hydroline 2 Settled - Date Legal Opinion Signed: 1993/06/02 Settled Through Negotiations - Canada Offered to Negotiate: 1993/12/13 - Settlement Signed by Claimant: 1998/02/19 Alleged illegal taking of land and failure to - Settlement Signed by Canada: 1998/04/01 compensate for temporary construction camp in 1956, inadequate compensation for hydroline (300 kV) right of way, and intimidation by federal government officials.
Hydroline 3 Settled - Date Legal Opinion Signed: 1993/06/02 Settled Through Negotiations - Canada Offered to Negotiate: 1993/12/13 - Settlement Signed by Claimant: 1998/02/19 Alleged illegal taking of land in 1959 for hydroline - Settlement Signed by Canada: 1998/04/01 (69 kV), failure to honour conditions in BCR and inadequate compensation. Page 258 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Hydroline 4 Settled - Date Legal Opinion Signed: 1993/06/02 Settled Through Negotiations - Canada Offered to Negotiate: 1993/12/13 - Settlement Signed by Claimant: 1998/02/19 Alleged illegal taking of land in 1963 for two - Settlement Signed by Canada: 1998/04/01 hydrolines (735 kV), inadequate compensation, and breach of legal obligations to protect FN interests in matters of compensation and management of reserve lands.
Islets Jeremie Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2009/08/24
Alleges occupation permit of Islets Jeremie in 1861 was never cancelled.
La license no. 160 In Negotiations - Date Claim Filed: 2008/10/16 Inactive Negotiations - Date Legal Opinion Signed: 2010/10/19 - Canada Offered to Negotiate: 2011/05/30 FN claims that Canada breached its - Negotiations Inactive: 2011/05/31 responsibilities with respect to the sale and - Pending FN's BCR Accepting to Negotiate: 2011/06/01 management of timber on the reserve for the period 1918 to 1967.
Le bail de location no 188 des In Negotiations - Date Claim Filed: 2008/10/16 terrains (1923-1969) Inactive Negotiations - Date Legal Opinion Signed: 2010/12/24 - Canada Offered to Negotiate: 2011/06/01 FN claims that the lease of reserve lands, by - Negotiations Inactive: 2011/06/02 virtue of lease no 188 (or 501), with conditions - Pending FN's BCR Accepting to Negotiate: 2011/06/03 that were different from those previously agreed to. FN claims that the Crown failed in its responsibility with respect to the administration of these lands between 1923 and 1969, namely as regards the low anual rates, unauthorised transfer of the lease, and the absence of band consultation.
Les missionnaires et l'Anse des Concluded - Date Claim Filed: 2008/10/16 Aulnes No Lawful Obligation Found - Date Legal Opinion Signed: 2010/05/20 - Not Accepted for Negotiations: 2011/05/16 Page 259 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) FN claims that the presence of the missionaries on the reserve (viz, l'Anse des Aulnes) did not respect the Indian Act, namely as it relates to the alleged residential permits granted to the missionaries. FN also claims that the occupation of l'Anse des Aulnes by the missionaries resulted in the FN's loss of use of agricultural and timber resources since 1861.
Les missionnaires et les Concluded - Date Claim Filed: 2008/10/16 terrains du village (1855-1993) No Lawful Obligation Found - Date Legal Opinion Signed: 2010/03/26 - Not Accepted for Negotiations: 2011/05/16 FN claims that the presence of the missionaries on the reserve did not respect the Indian Act, namely as it relates to the alleged residential permits granted to them as well as it relates to agricultural (hay and wood) resources.
Pont Concluded - Research Start Date : 1997/01/08 File Closed - Not Accepted for Negotiations: 1999/09/22 - Date of ISCC Process/Active: 2000/06/05 Alleges illegal use of reserve lands for a bridge - Date Legal Opinion Signed: 2003/06/10 crossing the Betsiamites River. - Claimant Agreed to Negotiate: 2004/02/13 - Canada Offered to Negotiate: 2008/10/16 - Negotiations Inactive: 2008/10/17 - File Closed: 2010/12/08
Route 138 Concluded - Research Start Date : 1996/09/12 File Closed - Not Accepted for Negotiations: 1999/04/16 - Date of ISCC Process/Active: 2000/06/05 Alleges illegal use of reserve lands for public road - Date Legal Opinion Signed: 2003/06/10 purposes. - Claimant Agreed to Negotiate: 2004/02/13 - Canada Offered to Negotiate: 2008/10/16 - Negotiations Inactive: 2008/10/17 - File Closed: 2010/12/08 Page 260 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Telegraph and Telephone Line Settled - Research Start Date : 1993/04/01 Settled Through Negotiations - Date Legal Opinion Signed: 1995/02/22 - Canada Offered to Negotiate: 1996/06/14 Alleged illegal taking of lands for a telegraph and - Settlement Signed by Canada: 1998/04/01 telephone line between 1905 and 1959 and failure to compensate FN for taking.
Terres Concluded - Research Start Date : 1994/01/03 File Closed - Date Legal Opinion Signed: 1996/12/02 - Claimant Agreed to Negotiate: 2002/07/10 Alleges 6900 acres of reserve land lost in 1861 - Canada Offered to Negotiate: 2008/10/16 due to error in legal survey. - File Closed: 2009/06/09
Timber Concluded - Research Start Date : 1994/01/31 No Lawful Obligation Found - Date Legal Opinion Signed: 1998/03/12 - Not Accepted for Negotiations: 1999/04/16 Alleged failure of the Crown to recover damages on judgements rendered in 1889, as a result of illegal wood cutting on reserve.
Conseil de la Première Nation Abitibiwinni (BAND-055) Les droits de coupe sur le bois Under Assessment - Date Claim Filed: 2008/10/16 de la réserve d'Abitibi Legal Opinion Signed - Date Legal Opinion Signed: 2010/05/18 (1942-1985) Loss of income from 1908-1942; violations at time of 1942 transfer regarding employment of Indians in forestry operations; unlawful logging from 1952-1958, from 1978-1980 and from 1982-1985 because of invalid renewal of licenses; breach of fiduciary duty.
Timiskaming Creation of Concluded - Date Claim Filed: 2008/10/16 Reserve No Lawful Obligation Found - Not Accepted for Negotiations: 2009/08/11
Alleged inappropriate allocation of land in the creation of reserve and loss of revenues from 1853. FN sought establishment of reserve equal in area to lands allotted under the 1853 schedule and set aside in an appropriate location Page 261 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Traité 9 et réserve de Pikogan Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Not Accepted for Negotiations: 2010/09/24
The FN alleges non fulfilment of the Crowns obligations towards band members' ancestors during the negotiations (in 1905, 1906), signature and adhesion to Treaty 9 (in 1908). The FN claims that they should have received land according to Treaty 9. The FN also claims various issues arising from the setting aside of lands for the Pikogan reserve.
Conseil des Atikamekw de Wemotaci (BAND-077) Chemin de fer Concluded - Canada Offered to Negotiate: 1997/10/01 File Closed - Date Legal Opinion Signed: 2004/06/23 - File Closed: 2004/06/24 FN seeks compensation for agreement negotiated by DIAND in 1913-1914 for railway right-of-way to National Transcontinental across Weymontachie reserve.
La Diaspora Concluded - Research Start Date : 2008/10/17 File Closed - File Closed: 2008/11/14
Loss of use of a village on the Weymontachie Reserve
Loss of Land at Coucoucache Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2008/11/14
FN seeks compensation and restitution of 368 acres to the Coucoucache reserve.
Loss of Timber at Coucoucache Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2008/11/14
FN seeks compensation for alleged illegal removal of timber from the Coucoucache Reserve.
Crespieul Claimants (ASSCTN) Page 262 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Crespieul Settled - File Closed: 1993/01/14 Settled Through Negotiations - Research Start Date : 1997/01/08 - Date Legal Opinion Signed: 2001/01/29 Originally submitted by Abénakis de Wôlinak, - Canada Offered to Negotiate: 2001/08/27 alleging illegal surrender, loss of use, and - Settlement Signed by Claimant: 2006/11/07 mismanagement of proceeds from sale of - Settlement Signed by Canada: 2007/03/21 surrendered land. Claim resubmitted by Abénakis de Wôlinak and Odanak, same claim with additional allegations concerning the creation and location of the reserve, except that the two FN's agreed to address the mismanagement of proceeds from the sale of Crespieul between themselves.
Innu Takuaikan Uashat Mak Mani-Utenam (BAND-080) Boulevard Laure - Route 138 Under Assessment - Date Claim Filed: 2009/02/11 Justice Department Preparing Legal Opinion - Research Start Date : 2009/02/12
Alleges illegal use of reserve lands at Uashat and Maliatenam for a road and bridge.
Cession de 1925 Under Assessment - Date Claim Filed: 2009/11/12 Justice Department Preparing Legal Opinion - Research Start Date : 2009/11/13
Alleges that the Crown was negligent and breached its fiduciary duty in the 1925 surrender by encroachment, improper surrender or deception.
La route vers Moisie et la route Under Assessment - Date Claim Filed: 2010/09/01 138 à Mani-Utenam Research - Research Start Date : 2010/09/02
The FN alleges that there was an illegal encroachment on the Reserve for the construction of the road to Moisie in 1960. It also alleges that taking the land for Highway 138 and rebuilding the intersection between this highway and the road to Moisie in 1976 was an abusive encroachment and was contrary to the Crown's fiduciary duty. Page 263 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Le bail de 1952 avec la Under Assessment - Date Claim Filed: 2009/09/02 Compagnie de la Justice Department Preparing Legal Opinion - Research Start Date : 2009/09/03 Baie-d'Hudson Alleges inadequate compensation on Reserve Mani-Utenam Parcel C and failure to obtain the FN's consent.
Lot 6 - Range 1 Concluded - Research Start Date : 1993/08/24 No Lawful Obligation Found - Date Legal Opinion Signed: 1994/05/12 - Not Accepted for Negotiations: 1994/11/08 Alleged loss of use of lot 6, range 1, Sept-Iles.
Range 2 Lots Concluded - Date Legal Opinion Signed: 1997/09/24 No Lawful Obligation Found - Not Accepted for Negotiations: 1999/11/25
Alleged loss of use of lots in Range 2, Sept-Iles.
Sept-Iles Creation of Reserve Concluded - Date Litigation Became Active : 1997/04/27 File Closed - Research Start Date : 2008/08/06 - File Closed: 2009/07/13 Alleged insufficient allocation of land in the creation of the reserve.
Sept-Iles Loss of Use Concluded - Research Start Date : 1995/03/01 No Lawful Obligation Found - Date Legal Opinion Signed: 1997/09/24 - Not Accepted for Negotiations: 1999/11/25 Alleged loss of use of the reserve between 1879 and 1906.
Innue Essipit (BAND-086) Creation of Reserve in 1892 Concluded - Research Start Date : 1994/01/17 No Lawful Obligation Found - Date Legal Opinion Signed: 2002/09/24 - Not Accepted for Negotiations: 2004/11/08 Alleges that land set aside for the FN in 1892 was insufficient compared to standard set by the department for other reserves in Quebec. Page 264 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Provisions territoriales Under Assessment - Date Claim Filed: 2010/04/07 insuffisantes Justice Department Preparing Legal Opinion - Research Start Date : 2010/04/08
Alleges that there was a breach when the reserve was created and that there was negligence concerning the acquisition of reserve land between 1881 and 1892.
Kahnawake (BAND-070) C.P.R. Railway Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2009/05/26
The FN alleges that Canada breached its obligation as regards to the invalid acquisition and subsequent mismanagement of expropriated lands in 1888 for CPR railway purposes, and further owing to a lack of consultation, improper land valuations, and a number of illegal transactions between the railway company and locatees on the reserve. The FN also alleges that the expropriation lands, no longer used for CPR railway purposes, also reveal a breach to minimally impair.
C.S.X. Railway Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2009/05/26
The FN alleges that Canada breached its obligation as regards to the invalid acquisition and subsequent mismanagement of expropriated lands in 1895 for CSX railway purposes, and further owing to a lack of consultation, improper land valuations, and a number of illegal transactions between the railway company and locatees on the reserve. The FN also alleges that the expropriation lands, no longer used for CSX railway purposes, also reveal a breach to minimally impair. Page 265 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Line 1 Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2009/05/26
Alleges breach of lawful obligations in relation to the construction of Hydro Transmission Lines. Leasing of Kahnawake Land for a 315KV Power Transmission Line (Line 1)
Line 2 Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2009/05/26
Alleges breach of lawful obligations in relation to the construction of Hydro transmission lines. Expropriation of Kahnawake Territory by the Cedars Rapids Manufacturing & Power Co. and their Successors, the Quebec Hydro-Electric Commission for transmission Lines (Line 2).
Line 3 Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2009/05/26
Alleged breach of lawful obligations in relation to the construction of Hydro transmission lines. Expropriation of Kahnawake Territory for a 110 kv Transmission Line by Montreal Light, Heat & Power Consolidated (succeeded by Quebec Hydro-Electric Commission) - Line 3.
Line 4 Concluded - Date Claim Filed: 2008/10/16 File Closed - File Closed: 2009/05/26
Alleges breach of lawful obligations in relation to the construction of Hydro transmission Lines. Expropriation of Kahnawake Territory for a Hydro transmission Line by the Canadian Light & Power Company (Line 4) Page 266 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Mercier Bridge and its Concluded - Date Claim Filed: 2008/10/16 Approaches File Closed - File Closed: 2009/05/26
The FN alleges that Canada breached its obligation by failing to consult it when the expropriation proposition came up and by neglecting to accommodate it. The Crown allegedly failed to compesate the FN for land taken. The expropriation also reveal a breach to minimally impair in the context of the taking of lands on a reserve.
Sault St. Louis In Negotiations - Date Legal Opinion Signed: 1998/10/28 Active Negotiations - Canada Offered to Negotiate: 2008/10/16
FN alleges the Sault St. Louis seigneurie was originally granted to the Mohawks of Kahnawake by Crown grant in 1680. FN further alleges sections of the tract were unlawfully severed from the reserve, under the provisions of the 1854 and 1935 Seigniorial Acts, without a surrender.
St. Lawrence Seaway Authority Concluded - Date Claim Filed: 2008/10/16 Expropriation File Closed - File Closed: 2009/05/26
The Mohawk Council of Kahnawake raise a number of issues alleging that Canada breached its fiduciary and legal obligations to the FN with respect to events surrounding the expropriation of over 1300 acres of Reserve land in 1955-1956 for the construction of the St. Lawrence Seaway Canal.
Kitigan Zibi Anishinabeg (BAND-073) Grant to Oblats - 1868 Under Assessment - Date Claim Filed: 2010/06/04 Justice Department Preparing Legal Opinion - Research Start Date : 2010/06/05
Alleges breach of fiduciary duty by granting $1000 of their money to the Pères Oblat de l'Immaculée Conception to the detriment of the FN. Page 267 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Mani-1873 Sur (SPLIT #1) Lots Settled - Date Legal Opinion Signed: 1993/06/19 12 to 16 DFR Settled Through Negotiations - Canada Offered to Negotiate: 1993/12/30 - Settlement Signed by Claimant: 1996/01/22 Alleged inadequate rents for the lots, illegal - Settlement Signed by Canada: 1996/03/29 occupation until part of lands reacquired in 1947, and inappropriate use of FN funds to repurchase remainder of land.
Mani-1873 Sur (SPLIT #2) Concluded - Date Claim Filed: 2008/10/16 Surrender 136 Lots 1-2 & 3 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/05/28 DFR 1873/08/19 - Not Accepted for Negotiations: 2010/09/16 Invalid surrender and alleged illegal payment of proceeds to individuals from the lease of reserve land - lot 1, 2 and 3, Desert Front Range.
Maniwaki - 100 Acres (Part of Settled - Research Start Date : 1992/06/19 Lot 23 Range IV and Lot 24 Settled Through Negotiations - Date Legal Opinion Signed: 1995/03/24 RRW) - Canada Offered to Negotiate: 1995/12/15 Alleged 1878 Surrender for lease and 1897 - Date Litigation Became Active : 1996/12/31 Surrender for sale of the land were illegal, and the - Settlement Signed by Claimant: 1999/03/29 rents were inadequate. - Settlement Signed by Canada: 1999/03/31
Maniwaki - 400 acres (Lots 18 Settled - Research Start Date : 1992/06/19 to 21 RRE & Lots 18B and 20 Settled Through Negotiations - Date Legal Opinion Signed: 1995/01/12 GFR) - Canada Offered to Negotiate: 1995/03/08 Alleged illegal alienation of some 400 acres (162 - Settlement Signed by Claimant: 1996/01/22 Ha.) of reserve land by Indian agents and others - Settlement Signed by Canada: 1996/03/29 in 1878 and 1897. Supplementary arguments filed by FN in October/89 alleging forgery in respect of 1897 surrender for sale.
Maniwaki - Highway Concluded - Date Legal Opinion Signed: 1987/05/27 No Lawful Obligation Found - Date Litigation Became Active : 1988/05/08 - Not Accepted for Negotiations: 1988/05/09 Alleged illegal alienation of reserve land for highway purposes lack of compensation for the land taken and misappropriation of FN funds by DIAND for road purposes. Page 268 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Maniwaki - Lot 4 - DFR Settled - Date Legal Opinion Signed: 1994/09/28 Settled Through Negotiations - Canada Offered to Negotiate: 1995/02/07 - Settlement Signed by Claimant: 1996/01/22 Alleged illegal, 20-year occupation of reserve land - Settlement Signed by Canada: 1996/03/29 by non-Indians and improper transfer of lease proceeds to the chief, rather than to the FN.
Maniwaki - Lot 6 Settled - Research Start Date : 1992/06/19 Settled Through Negotiations - Date Legal Opinion Signed: 1995/03/24 - Canada Offered to Negotiate: 1995/12/15 Alleged 1878 surrender for lease and 1897 - Date Litigation Became Active : 1996/12/31 surrender for sale of lot 6 DFR were illegal, and - Settlement Signed by Claimant: 1999/03/29 the rents were inadequate.. - Settlement Signed by Canada: 1999/03/31
Maniwaki - Lots 1 - 16 GFR Concluded - Date Litigation Became Active : 1990/04/03 Resolved Through Administrative Remedy - Date Referred for Admin. Remedy : 1990/04/04
Alleged 1917 surrender of some 1,463 acres (592 Ha.) was invalid.
Maniwaki - Oblate Mission Settled - Date Legal Opinion Signed: 1984/06/04 Settled Through Negotiations - Canada Offered to Negotiate: 1984/07/25 - Settlement Signed by Claimant: 1988/10/24 Alleged illegal alienation of 200 acres (80.94 HA.) - Settlement Signed by Canada: 1988/11/09 of reserve land in 1868.
Maniwaki - Trust Fund Concluded - Date Legal Opinion Signed: 1988/07/11 No Lawful Obligation Found - Not Accepted for Negotiations: 1988/09/19
Alleged misappropriation of FN funds to build a provincial courthouse and a prison in Maniwaki in 1879.
Old Indian Burial Ground Settled - Date Legal Opinion Signed: 1995/06/23 Settled Through Negotiations - Canada Offered to Negotiate: 1995/12/15 - Date Litigation Became Active : 1996/12/31 Alienation of the Old Indian Burial Ground Lands. - Settlement Signed by Claimant: 2006/11/06 - Settlement Signed by Canada: 2007/03/21 Page 269 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) ONWRB CP Railway - Concluded - Date Litigation Became Active : 1996/12/31 Expropriation - 1904 No Lawful Obligation Found - Date Legal Opinion Signed: 2006/07/19 - Not Accepted for Negotiations: 2007/08/17 Breach of fiduciary obligation. Insufficient compensation paid for expropriation of 55,91 acres of reserve land for railway right of way and lack of compensation for timber cleared on right of way.
Road Allowances Lots 1-2-3 & In Negotiations - Date Claim Filed: 2008/10/16 4 Desert Front Range & Lots Active Negotiations - Date Legal Opinion Signed: 2010/05/28 32-33 & 34 Gatineau Front - Canada Offered to Negotiate: 2010/09/16 Range Alleges road allowances located inside Lots 1 to 4 - Pending FN's BCR Accepting to Negotiate: 2010/09/17 Desert Front Range and Lots 32 to 34, Gatineau Front Range were never surrendered.
Sewer Right-of-Way #1 Concluded - File Closed: 2006/10/27 File Closed
Improper granting of a sewer right-of-way in 1949. Failure to ensure that the Corporation du Village de Maniwaki take the necessary measures to correct the unsanitary situation that led to the pollution of surrounding lands.
Sewer Right-of-Way #2 Concluded - File Closed: 2006/10/27 File Closed
The Crown failed to enforce the terms and conditions of the 1962 agreement, bringing about pollution damages from the degradation of the sewer line.
Shore Allowance Along the In Negotiations - Date Claim Filed: 2008/10/16 Desert and Gatineau Rivers Active Negotiations - Date Legal Opinion Signed: 2009/01/21 - Canada Offered to Negotiate: 2010/09/16 Alleges the shore allowance was not included in - Pending FN's BCR Accepting to Negotiate: 2010/09/17 Surrenders 134, 136, 369, and 408. - Claimant Agreed to Negotiate: 2011/01/12 Page 270 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Surrender 134 Lot B Gilmour - In Negotiations - Date Claim Filed: 2008/10/16 Hall & Burke (O'Hagan) - Active Negotiations - Canada Offered to Negotiate: 2010/09/16 Timber Licences - Pending FN's BCR Accepting to Negotiate: 2010/09/17 Alleges invalid surrender due to falsification of - Claimant Agreed to Negotiate: 2011/01/12 signature and breach of fiduciary obligation in obtaining sufficient timber revenues and rents from farmland.
Surrender 238 Lot 4 Desert In Negotiations - Date Claim Filed: 2008/10/16 Front Range - 1886/08/02 Active Negotiations - Canada Offered to Negotiate: 2010/09/16 - Pending FN's BCR Accepting to Negotiate: 2010/09/17 Alleged invalid surrender and illegal payment of - Claimant Agreed to Negotiate: 2011/01/12 proceeds to individuals from the lease of reserve land - Lot 4, Desert Front Range (8.22 acres).
Surrender 256 Lot 4 Desert Concluded - Date Claim Filed: 2008/10/16 Front Range - 1874/06/13 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/05/28 - Not Accepted for Negotiations: 2010/09/16 Transgression of the law during the surrender for lease of Lot 4.
Surrender 257 Lot 3 Desert In Negotiations - Date Claim Filed: 2008/10/16 Front Range - 1887/12/26 Active Negotiations - Date Legal Opinion Signed: 2010/04/28 - Canada Offered to Negotiate: 2010/09/16 The FN alleges that the surrender of 10,000 - Pending FN's BCR Accepting to Negotiate: 2010/09/17 square feet of Lot 3 Desert Front Range on - Claimant Agreed to Negotiate: 2011/01/12 December 26, 1887 is invalid due to its fraudulent nature; a breach of duty regarding the proper surrender of reserve land and failure to adhere to Indian Act provisions; that DIAND failed to instruct the Indian Agent to obtain the consent of the Band for the rental amount; and that DIAND accepted a flawed surrender document and failed in its fiduciary duty to the Band. Page 271 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Surrender 276 Lot 3 Desert In Negotiations - Date Claim Filed: 2008/10/16 Front Range - 1889/08/23 Active Negotiations - Date Legal Opinion Signed: 2010/04/28 - Canada Offered to Negotiate: 2010/09/16 The FN alleges that the surrender for lease of one - Pending FN's BCR Accepting to Negotiate: 2010/09/17 half acre of Lot 3 Desert Front Range on August - Claimant Agreed to Negotiate: 2011/01/12 23, 1889 is invalid because of its fraudulant nature. The FN alleges a failure to adhere to the provisions of the Indian Act regarding surrenders. The FN alleges a failure to authorize the Indian Agent to provide a proper valuation of the land with the best interests of the FN.
Surrender 277 Lot 4 Desert In Negotiations - Date Claim Filed: 2008/10/16 Front Range - 1889/08/23 Active Negotiations - Date Legal Opinion Signed: 2010/04/28 - Canada Offered to Negotiate: 2010/09/16 The First Nation alleges that the surrender for - Pending FN's BCR Accepting to Negotiate: 2010/09/17 lease of 1 acre of Lot 4 Desert Front Range on - Claimant Agreed to Negotiate: 2011/01/12 August 23, 1889 was invalid due to its fraudulent nature and proceeds were illegally paid to individuals.
Surrender 291 Lot 3 Desert In Negotiations - Date Claim Filed: 2008/10/16 Front Range - 1890/12/29 Active Negotiations - Date Legal Opinion Signed: 2010/04/28 - Canada Offered to Negotiate: 2010/09/16 Invalid surrender and alleged illegal payment of - Pending FN's BCR Accepting to Negotiate: 2010/09/17 proceeds to individuals from the lease of reserve - Claimant Agreed to Negotiate: 2011/01/12 land - Lot 3, Desert Front Range (3/8 of an acre). Page 272 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Surrender 292 Lot 3 Desert In Negotiations - Date Claim Filed: 2008/10/16 Front Range - 1890/12/29 Active Negotiations - Date Legal Opinion Signed: 2010/04/28 - Canada Offered to Negotiate: 2010/09/16 FN alleges that the surrender of 3/4 of an acre of - Pending FN's BCR Accepting to Negotiate: 2010/09/17 Lot 3 DFR on Dec. 29, 1890 is invalid due to its - Claimant Agreed to Negotiate: 2011/01/12 ambiguity and fraudulent nature; that the payments of proceeds to individuals from the lease and sale of land was illegal; that the department failed in its fiduciary obligation in breach of duty regarding the proper surrender of reserve land, accepting invalid surrender based on falsified testimony in the affidavits, accepting surrender when chief who signed and attested to it would personally benefit from surrender since proceeds would go to him and his children, allowing proceeds from leases and sales to go to individuals to the detriment of the Band and contrary to the Indian Act, accepting a flawed document where Indian Act conditions were not followed, specifically section 39.
Surrender 324 Lots 51-52 & 53 In Negotiations - Date Claim Filed: 2008/10/16 - 8th Range - 1892/08/06 Active Negotiations - Date Legal Opinion Signed: 2010/04/28 - Canada Offered to Negotiate: 2010/09/16 The FN claims that this surrender for lease is - Pending FN's BCR Accepting to Negotiate: 2010/09/17 invalid, that it suffered from loss of use and - Claimant Agreed to Negotiate: 2011/01/12 revenue, and that the Crown breached its fiduciary duty to the FN in all instances relating to the administration of reserve land.
Surrender 330 Lot 3 Desert In Negotiations - Date Claim Filed: 2008/10/16 Front Range - 1893/01/02 Active Negotiations - Date Legal Opinion Signed: 2010/04/28 - Canada Offered to Negotiate: 2010/09/16 The First Nation alleges that the surrender for - Pending FN's BCR Accepting to Negotiate: 2010/09/17 lease of 1.13 acres of Lot 3 Desert Front Range - Claimant Agreed to Negotiate: 2011/01/12 was invalid, and payment of proceeds to individuals was illegal. Page 273 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Surrender 337 Lot 4 Desert In Negotiations - Date Claim Filed: 2008/10/16 Front Range - 1893/06/17 Active Negotiations - Date Legal Opinion Signed: 2010/04/28 - Canada Offered to Negotiate: 2010/09/16 Alleges illegal sale of reserve land - - Pending FN's BCR Accepting to Negotiate: 2010/09/17 unsurrendered portion of Lot 4, Desert Front - Claimant Agreed to Negotiate: 2011/01/12 Range (20.5 acres)
Surrender 360 Lot 29 Road Concluded - Date Claim Filed: 2008/10/16 Range - 1894/08/13 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/05/28 - Not Accepted for Negotiations: 2010/09/16 The First Nation alleges that the surrender for lease of 1 acre of Lot 29 Road Range West was invalid, and payment of proceeds to individuals was illegal.
Surrender 369 Lot 5 Desert In Negotiations - Date Claim Filed: 2008/10/16 Front Range - 1895/08/13 Active Negotiations - Date Legal Opinion Signed: 2010/04/28 - Canada Offered to Negotiate: 2010/09/16 Alleges forgery of the signatures and other - Pending FN's BCR Accepting to Negotiate: 2010/09/17 irregularities re. the surrender of 1895. - Claimant Agreed to Negotiate: 2011/01/12
Surrender 373 Lots 1-2-3 & 4 In Negotiations - Date Claim Filed: 2008/10/16 Desert Front Range - Active Negotiations - Date Legal Opinion Signed: 2010/04/28 1894/06/02 - Canada Offered to Negotiate: 2010/09/16 The First Nation alleges that the surrender of June - Pending FN's BCR Accepting to Negotiate: 2010/09/17 2, 1894 was invalid. - Claimant Agreed to Negotiate: 2011/01/12
Surrender 388 - 100 Acres In Negotiations - Date Claim Filed: 2009/04/01 (Part of Lot 23 Range IV and Active Negotiations - Research Start Date : 2009/04/02 Lot 24 RRW) - Date Legal Opinion Signed: 2010/04/26 Alleges that Surrender #388 is invalid and that the - Canada Offered to Negotiate: 2010/09/16 Crown failed its fiduciary duty by allowing - Pending FN's BCR Accepting to Negotiate: 2010/09/17 alienation of reserve lands by virtue of an illegal - Claimant Agreed to Negotiate: 2011/01/12 surrender. Page 274 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Surrender 389 Lots 18B 19B & In Negotiations - Date Claim Filed: 2008/10/16 20 Gatineau Front Range & Active Negotiations - Date Legal Opinion Signed: 2010/04/28 Lots 18-19-20 & 21 - Canada Offered to Negotiate: 2010/09/16 The FN alleges that the surrender dated June 26, - Pending FN's BCR Accepting to Negotiate: 2010/09/17 1897 is invalid because of the fraudulent nature. - Claimant Agreed to Negotiate: 2011/01/12 The FN claims a compensation for the loss of use and loss of revenue with compound interest related to the land in question.
Surrender 392 Lots 10 & 11 In Negotiations - Date Claim Filed: 2008/10/16 Desert Front Range & Lot 25 Active Negotiations - Date Legal Opinion Signed: 2010/04/28 Range 4-5 - 1897/12/18 - Canada Offered to Negotiate: 2010/09/16 FN alleges the improper surrender for sale of - Pending FN's BCR Accepting to Negotiate: 2010/09/17 approximately 30 acres in lots 10 and 11 Desert - Claimant Agreed to Negotiate: 2011/01/12 Front Range and in lot 25 in 4th and 5th Range, dated 18 December 1897. FN alleges loss of use and revenue between 1897 and 1902 due to the Department's mismanagement of the lots.
Surrender 395 Lot 14 Range VII In Negotiations - Date Claim Filed: 2008/10/16 - 1898/06/04 Active Negotiations - Date Legal Opinion Signed: 2010/04/28 - Canada Offered to Negotiate: 2010/09/16 Alleged improper surrender of reserve land on - Pending FN's BCR Accepting to Negotiate: 2010/09/17 June 4, 1898 which resulted in loss of use and - Claimant Agreed to Negotiate: 2011/01/12 revenue. Failure to fulfill fiduciary duty related to the administration of the land.
Surrender 396 Lot 11 Road In Negotiations - Date Claim Filed: 2008/10/16 Range East - 1898/06/04 Active Negotiations - Date Legal Opinion Signed: 2010/04/28 - Canada Offered to Negotiate: 2010/09/16 Alleged improper surrender of reserve land on - Pending FN's BCR Accepting to Negotiate: 2010/09/17 June 4, 1898 which resulted in loss of use and - Claimant Agreed to Negotiate: 2011/01/12 revenue. Failure to fulfill fiduciary duty related to the administration of the land. Page 275 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Surrender 403 Lot 14 Road In Negotiations - Date Claim Filed: 2008/10/16 Range West - 1898/06/04 Active Negotiations - Date Legal Opinion Signed: 2010/04/28 - Canada Offered to Negotiate: 2010/09/16 Alleged improper surrender of reserve land on - Pending FN's BCR Accepting to Negotiate: 2010/09/17 June 4, 1898 which resulted in loss of use and - Claimant Agreed to Negotiate: 2011/01/12 revenue. Failure to fulfill fiduciary duty related to the administration of the land.
Surrender 405 Lots 1-2 & 3 In Negotiations - Date Claim Filed: 2008/10/16 South Desert Front Range - Active Negotiations - Date Legal Opinion Signed: 2010/04/28 1898/08/13 - Canada Offered to Negotiate: 2010/09/16 Alleges that the 1898 surrender was invalid. - Pending FN's BCR Accepting to Negotiate: 2010/09/17
Surrender 408 Lots 32-33-34 In Negotiations - Date Litigation Became Active : 1996/12/31 Gatineau Front Range Active Negotiations - Research Start Date : 1998/04/01 1899/01/07 - Date Legal Opinion Signed: 2002/05/10 Alleges 1899 surrender of Lots 32, 33 & 34, - Negotiations Inactive: 2004/12/21 Gatineau Front Range, which involves - Canada Offered to Negotiate: 2008/10/16 approximately 64.4 acres, was invalid, and that - Pending FN's BCR Accepting to Negotiate: 2008/10/17 the subsequent sale of lots was illegal. - Claimant Agreed to Negotiate: 2011/01/12
Surrender 430 Lots 14 & 15 In Negotiations - Date Claim Filed: 2008/10/16 Road Range West 1900/01/08 Active Negotiations - Date Legal Opinion Signed: 2010/04/28 - Canada Offered to Negotiate: 2010/09/16 Alleged improper surrender of reserve land on - Pending FN's BCR Accepting to Negotiate: 2010/09/17 January 8, 1900 which resulted in loss of use and revenue. Failure to fulfill fiduciary duty related to the administration of the land.
Surrender 504 Corbeau Dam In Negotiations - Date Claim Filed: 2008/10/16 Lots 4-5 & 6 Gatineau Front Active Negotiations - Date Legal Opinion Signed: 2010/04/28 Range & ROW on Lots 1 to 4 - - Canada Offered to Negotiate: 2010/09/16 1905/03/25 Alleges that the 1905 surrender was invalid and - Pending FN's BCR Accepting to Negotiate: 2010/09/17 the lack of consent by the FN for a 1925 right-of-way. Page 276 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Timber fees and rentals Concluded - Date Claim Filed: 2008/10/16 (1853-1860) No Lawful Obligation Found - Date Legal Opinion Signed: 2010/05/28 - Not Accepted for Negotiations: 2010/09/16 The FN alleges that DIAND failed to discharge its fiduciary obligation to the FN by not properly carrying out its responsibilities in relation to the management and accounting of Indian funds from timber fees on behalf of the FN from August 9, 1853 to 1860.
Trust Fund - Courthouse Under Assessment - Date Claim Filed: 2009/06/03 Justice Department Preparing Legal Opinion - Research Start Date : 2009/06/04
Alleges a breach of fiduciary duty in relation to the disbursement of $400 of band funds for the construction of a courthouse and detention centre in 1877.
La Nation Micmac de Gespeg (BAND-053) La Loi de 1851 Under Assessment - Date Claim Filed: 2009/11/12 Justice Department Preparing Legal Opinion - Research Start Date : 2009/11/13
The FN alleges that it did not receive reserve land further to Act of 1851.
Listuguj Mi'gmaq Government (BAND-051) Mission Property Concluded - File Closed: 1992/09/16 Resolved Through Administrative Remedy - Date Referred for Admin. Remedy : 1993/12/02
Alleges that land granted in 1824 for mission purposes should have reverted to FN upon termination of the mission and that the lands subsequent alienation in the 1960s was illegal.
Mission property - Loss of Use Other - Date Legal Opinion Signed: 2001/04/12 Active Litigation - Research Start Date : 2002/01/10 - Date Litigation Became Active : 2003/12/30 Page 277 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Alleges that land granted in 1824 for mission purposes should have reverted to FN upon termination of the mission. The mission property was returned by OIC. Claimed loss of use of the land.
Micmacs of Gesgapegiag (BAND-052) Chaleur Bay Transmission Line Concluded - File Closed: 1989/02/20 / Maria-ROW No Lawful Obligation Found - Date of ISCC Process/Active: 1995/03/22 - Date Litigation Became Active : 2003/12/23 Alleges breaches of Canada's fiduciary - Date Legal Opinion Signed: 2005/02/01 obligations respecting the Chaleur Bay Power Co. - Not Accepted for Negotiations: 2007/07/11 transmission line established on the reserve in 1938 without lawful authority.
Maria - Expropriation Settled - Research Start Date : 1990/06/29 Settled Through Negotiations - Date Legal Opinion Signed: 1994/06/28 - Canada Offered to Negotiate: 1995/08/23 Alleged failure to compensate for reserve lands - Settlement Signed by Claimant: 1996/02/20 expropriated for highway purposes. - Settlement Signed by Canada: 1996/03/29
Maria - Horse Island Concluded - Research Start Date : 1993/03/11 File Closed - Date of ISCC Process/Active: 1993/06/30 - File Closed: 1997/10/23 Alleged the Gaspe land commission illegally alienated Horse Island land without Micmac consent.
Mohawks of Kanesatake (BAND-069) The Common Lands of the In Negotiations - Not Accepted for Negotiations: 1985/07/11 Seigneury of Lake of Two Active Negotiations - Date Legal Opinion Signed: 1985/12/05 Mountains - File Closed: 1987/03/12 Alleged FN title to land granted to the Seminary of - Negotiations Inactive: 2008/04/15 St. Sulpice by a French king. - Canada Offered to Negotiate: 2008/10/16 - Pending FN's BCR Accepting to Negotiate: 2008/10/17 - Claimant Agreed to Negotiate: 2011/05/31
Montagnais du Lac St.-Jean (BAND-076) Page 278 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) 1869 Surrender Settled - Date Legal Opinion Signed: 1996/04/16 Settled Through Negotiations - Canada Offered to Negotiate: 1997/12/11 - Settlement Signed by Claimant: 2000/03/10 Alleged unlawful surrender of land from - Settlement Signed by Canada: 2000/03/31 Ouiatchouan reserve in 1869.
1895 Surrender Settled - Date Legal Opinion Signed: 1996/04/23 Settled Through Negotiations - Canada Offered to Negotiate: 1997/12/11 - Settlement Signed by Canada: 2000/03/31 Alleged unlawful surrender of 2,416 acres (978 Ha.) of land from Ouiatchouan reserve in 1895.
Années Donohue Concluded - Research Start Date : 2001/01/23 File Closed - Date Legal Opinion Signed: 2005/12/19 - Pending FN's BCR Accepting to Negotiate: 2007/09/14 Illegal use of band funds and fraud. - Canada Offered to Negotiate: 2008/10/16 - Negotiations Inactive: 2008/10/17 - File Closed: 2009/08/21
Canton Métabetchouan Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/05/21 - Not Accepted for Negotiations: 2010/11/04 FN alleged the inadequate compensation for the 1856 and 1862 land exchanges in the county of Metabetchouan.
Droit de passage accordé à In Negotiations - Date Claim Filed: 2008/10/16 James Bay et Eastern Railway Inactive Negotiations - Date Legal Opinion Signed: 2009/05/22 - Canada Offered to Negotiate: 2011/06/02 Illegal expropriation of lands from the - Negotiations Inactive: 2011/06/03 Mashteuiatsh for the construction of the James - Pending FN's BCR Accepting to Negotiate: 2011/06/04 Bay and Eastern Railway since 1910.
Droit de passage des lignes Under Assessment - Date Claim Filed: 2009/06/03 téléphoniques et électriques Justice Department Preparing Legal Opinion - Research Start Date : 2009/06/04
The FN alleges that the Crown neglected the Band's interests regarding the right of passage for telephone and electrical wires. The compensation is insufficient. Page 279 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Exploitation forestière à Concluded - Date Claim Filed: 2008/10/16 Pointe-Bleue No Lawful Obligation Found - Date Legal Opinion Signed: 2010/09/15 - Not Accepted for Negotiations: 2011/05/11 FN claims Crown negligence with regards to timber cutting on the Pointe-Bleue Reserve, resulting in timber trespasses on the reserve and a loss of revenue for the Montagnais between 1856 and 1874.
Flooding Concluded - Not Accepted for Negotiations: 1987/07/07 File Closed - Research Start Date : 1994/04/08 - Date Legal Opinion Signed: 2003/08/19 Claims compensation for flooding of 500 acres - Canada Offered to Negotiate: 2005/09/15 (202 Ha.) of reserve lands. - Date of ISCC Process/Active: 2007/05/01 - File Closed: 2009/01/30
Gestion déficiente des baux de Under Assessment - Date Claim Filed: 2009/06/03 location - Mashteuiatsh Justice Department Preparing Legal Opinion - Research Start Date : 2009/06/04
The FN alleges land was leased illegally; no agricultural millet was approved. Portions of lease income in a trust fund.
Gestion des 3 baux de location Under Assessment - Date Claim Filed: 2009/06/04 dans le lot 25 du rang A Justice Department Preparing Legal Opinion - Research Start Date : 2009/06/05
The FN alleges three consecutive leases, from 1916 to 1957, are invalid - non-compliance with required procedures, lack of consent from legal owner and lack of compensation for the Band. Page 280 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Gestion des lots 10-11-12 et 13 In Negotiations - Date Claim Filed: 2008/10/16 du rang A de la réserve Inactive Negotiations - Date Legal Opinion Signed: 2008/12/19 - Canada Offered to Negotiate: 2010/03/05 The FN alleges that the Crown did not obtain the - Negotiations Inactive: 2010/03/06 necessary consent to grant land rights to the - Pending FN's BCR Accepting to Negotiate: 2010/03/07 Oblates; the Crown did not intervene to protect the interests of the Band when real property transactions were carried out on the lots and when agricultural and forest resources were exploited; the Crown continued to foster uncertainty, which delayed numerous development projects on the reserve (construction of a school, etc.).
Highway 169 Settled - Research Start Date : 1992/03/02 Settled Through Negotiations - Date Legal Opinion Signed: 1994/02/01 - Canada Offered to Negotiate: 1997/12/11 Alleged illegal alienation of and failure to - Settlement Signed by Claimant: 2000/03/10 compensate for reserve lands taken for highway - Settlement Signed by Canada: 2000/03/31 169 purposes CIRCA 1864.
Inondation d'une partie de la Under Assessment - Date Claim Filed: 2010/01/13 réserve Justice Department Preparing Legal Opinion - Research Start Date : 2010/01/14
Alleges the Crown failed in its legal and fiduciary duties by not protecting the reserve from flooding in 1926; by giving Duke Price Power permission to flood the reserve under Order-in-Council P.C. 2546; and by not correctly distributing or administering the compensation received from Duke Price Power in 1933.
La gestion du lot 14 du rang A Under Assessment - Date Claim Filed: 2009/06/04 entre 1907 et 1941 Justice Department Preparing Legal Opinion - Research Start Date : 2009/06/05
The FN alleges there were illegal leases; failure to follow standard procedures. Page 281 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Le droit de passage du chemin Under Assessment - Date Claim Filed: 2010/01/13 principal de la réserve de Justice Department Preparing Legal Opinion - Research Start Date : 2010/01/14 Mashteuiatsh Alleges the Crown failed in its legal and fiduciary duties by proposing and approving resolution 1360 adopted by the Band Council on March 4, 1985; and by tolerating and contributing to the illegal occupation of reserve land during the construction and widening of the main road (between 1916 and 1966).
Les fraudes de l'agent Donohue In Negotiations - Date Claim Filed: 2009/09/02 Inactive Negotiations - Research Start Date : 2009/09/03 - Date Legal Opinion Signed: 2009/10/27 Alleges that Indian Agent Donohue fraudulently - Canada Offered to Negotiate: 2010/03/05 expended FN funds without proper consent. - Negotiations Inactive: 2010/03/06 - Pending FN's BCR Accepting to Negotiate: 2010/03/07
Lot de la Co de la Baie In Negotiations - Date Claim Filed: 2008/10/16 d'Hudson Inactive Negotiations - Canada Offered to Negotiate: 2010/03/05 - Negotiations Inactive: 2010/03/06 Lack of surrender and insufficient rent for the lot - Pending FN's BCR Accepting to Negotiate: 2010/03/07 occupied by the HBC, 1866 to 1980.
Range IX Settled - Research Start Date : 1989/06/19 Settled Through Negotiations - Date Legal Opinion Signed: 1994/03/09 - Canada Offered to Negotiate: 1997/12/11 Alleged unlawful alienation of range IX comprising - Settlement Signed by Claimant: 2000/03/10 2,275 acres (921 Ha.) of Ouiatchouan reserve and - Settlement Signed by Canada: 2000/03/31 compensation for loss of use.
Nation Anishnabe du Lac Simon (BAND-063) Creation of Reserve Concluded - Date Legal Opinion Signed: 2000/05/09 File Closed - Research Start Date : 2008/08/06 - File Closed: 2009/07/13 Alleges inadequate allocation of land in the creation of reserve and loss of revenues since 1853.
Nation Huronne Wendat (BAND-050) Page 282 of 326 Report as of 2011/07/04 Status Report on Specific Claims
QUEBEC (136)
Claimant & Claim Name Current Status & Description Key Date(s) La réserve de Rockmont Under Assessment - Date Claim Filed: 2010/06/04 Justice Department Preparing Legal Opinion - Research Start Date : 2010/06/05
Alleges INAC negligence with regard to damages caused over the course of a number of years in Rockmont (wood harvesting) and the illegality of the disposition of the Rockmont reserve and the process preceding it.
Lot 1033-77 Concluded - File Closed: 1994/06/29 No Lawful Obligation Found - Date Legal Opinion Signed: 1996/07/29 - Not Accepted for Negotiations: 1999/10/27 Alleged loss of use of Lot 1033-77 in Cadastre Saint Ambroise, Chateau D'eau, from 1893 to the present.
Quarante Arpents Settled - Research Start Date : 1987/01/30 Settled Through Negotiations - Date Legal Opinion Signed: 1991/04/30 - Canada Offered to Negotiate: 1991/05/08 Alleged 1904 surrender of reserve was invalid (in - Settlement Signed by Claimant: 2000/02/03 1992 claim was lumped with Murray Treaty and - Settlement Signed by Canada: 2000/03/31 self-government files but FN agreed to settle separately).
Rockmont Concluded - Research Start Date : 1991/07/08 No Lawful Obligation Found - Date Legal Opinion Signed: 2007/02/06 - Not Accepted for Negotiations: 2007/10/10 Alleged 1903 surrender of Rocmont reserve was invalid.
Odanak (BAND-072) Cession des 38 lots dans le Under Assessment - Date Claim Filed: 2008/10/16 domaine abénakis de Justice Department Preparing Legal Opinion St-François (Surrender Project) Page 283 of 326 Report as of 2011/07/04 Status Report on Specific Claims
QUEBEC (136)
Claimant & Claim Name Current Status & Description Key Date(s) The FN alleges that the Crown failed in its fiduciary role by not complying with various applicable legislation. Consequently, the FN alleges that the surrender of 38 lots in the Abenaki Estate was illegal and did not constitute a favourable settlement. Therefore, the FN is seeking sufficient compensation for illegally acquired reserves, i.e., land restitution and/or monetary compensation equivalent to this loss, in addition to compensation for the resulting loss of use.
Chemins Maurault et Under Assessment - Date Claim Filed: 2008/10/16 Bout-de-l'Ile Justice Department Preparing Legal Opinion
The FN alleges that reserve land was alienated for the construction of two roads and the FN received inadequate compensation.
Création de la paroisse de Concluded - Research Start Date : 2008/04/21 St-Thomas-de-Pierreville File Closed - File Closed: 2008/05/12
The FN alleges that the Crown breached its fiduciary duty through the illegal sale of Abenaki land to a non-Aboriginal owner, and by not following the recommendations of a report designed to correct the illegal occupation of Abenaki land by settlers. The FN accordingly requests negotiation of adequate compensation for the lands taken without legal authority.
Droit de passage accordé a Under Assessment - Date Claim Filed: 2011/04/15 South Shore et Great Eastern Research - Research Start Date : 2011/04/16 Railway Co.'s The First Nation alleges that the Crown unlawfully allowed the railway companies to encroach upon and take lands. Page 284 of 326 Report as of 2011/07/04 Status Report on Specific Claims
QUEBEC (136)
Claimant & Claim Name Current Status & Description Key Date(s) Limites Originales d'Odanak Under Assessment - Date Claim Filed: 2008/10/16 Justice Department Preparing Legal Opinion
Loss of advantages/benefits and illegal sale of Abénaki lands in the Seigneurie of Pierreville and St-François.
Première Nation Malecite de Viger (BAND-054) 1870 - Loss of Interest Settled - Research Start Date : 1994/05/11 Settled Through Negotiations - Date Legal Opinion Signed: 1995/08/07 - Canada Offered to Negotiate: 1995/11/16 Alleged a loss of interest revenues arising from a - Settlement Signed by Claimant: 1997/03/27 reduction in the rate charged to purchasers of - Settlement Signed by Canada: 1997/06/04 Viger reserve lands in 1870.
Passage du chemin de fer du In Negotiations - Date Claim Filed: 2008/10/16 Témiscouata Active Negotiations - Canada Offered to Negotiate: 2009/03/06 - Pending FN's BCR Accepting to Negotiate: 2009/03/07 The First Nation alleges that Canada breached its - Claimant Agreed to Negotiate: 2009/04/20 fiduciary obligation by failing to obtain compensation for the Témiscouata railroad on the Whitworth Reserve in 1888.
Whitworth - Land Purchase Concluded - File Closed: 1996/10/08 File Closed
Alleged Canada breached its obligations to the FN by using FN funds to purchase land at Whitworth in 1870.
Timiskaming First Nation (BAND-064) Piché Mill Trust Fund Under Assessment - Date Claim Filed: 2010/10/06 1877-1899 Justice Department Preparing Legal Opinion - Research Start Date : 2010/10/07
Alleges breach of a fiduciary obligation arising out of government administration of Indian funds and of the Indian Act in connection with the investment/payment of funds out of the trust account for the Piché Mill construction between 1877 and 1899. Page 285 of 326 Report as of 2011/07/04 Status Report on Specific Claims
QUEBEC (136)
Claimant & Claim Name Current Status & Description Key Date(s) Wolf Lake (BAND-068) Wolf Lake - Reserve Creation Concluded - Research Start Date : 2003/03/28 No Lawful Obligation Found - Date of ISCC Process/Active: 2006/12/01 - Date Legal Opinion Signed: 2009/02/17 Alleged Crown had a fiduciary obligation to set - Not Accepted for Negotiations: 2009/07/13 aside lands as a reserve, further to requests and petitions submitted from the 1870s to present. Page 286 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) Ahtahkakoop (BAND-406) Treaty Land Entitlement In Negotiations - Date Claim Filed: 2008/10/16 Active Negotiations - Canada Offered to Negotiate: 2010/05/27 - Pending FN's BCR Accepting to Negotiate: 2010/05/28 (Band previous name: Sandy Lake - name - Claimant Agreed to Negotiate: 2010/08/02 change on March 9, 1987). The First Nation did not receive sufficient reserve land as required by Treaty for all members, including absentees and arrears, landless transfers and new adherents, and marriages to non-treaty women, less double counts.
Young Chipewyan Reserve Concluded - Date Legal Opinion Signed: 1985/03/07 File Closed - Not Accepted for Negotiations: 1985/09/11 - Date Litigation Became Active : 1985/09/12 (Band previous name: Sandy Lake - name - Date of ISCC Process/Active: 1993/06/30 change on March 9, 1987). A group of individuals - File Closed: 1995/02/24 from various FNs claim, based upon genealogy, to be entitled to a reserve (Stony Knoll #107) that was set aside for the Young Chippeewayan Band in the last century. This Band ceased to exist around 1889 when the last of its members were transferred to another band list.
Beardy's and Okemasis (BAND-369) Treaty 6 Agricultural Assistance Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/05/24
The First Nation was not given benefits promised in Treaty 6: specifically, a one-time payment of $12 to every individual, yearly annuity payments, chief and headmen salaries, livestock and agricultural implements, and ammunition and twine.
Treaty 6 Annuities Concluded - Research Start Date : 2004/07/29 File Closed - File Closed: 2008/06/17 Page 287 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) The First Nation alleges that the Crown owes an outstanding lawful obligation to the First Nations (FNs) for termination of treaty annuities without any legal authority to do so.
Treaty Land Entitlement Settled - Research Start Date : 1990/10/17 Settled Through Negotiations - Canada Offered to Negotiate: 1991/10/17 - Settlement Signed by Canada: 1993/03/30 Unfulfilled treaty land entitlement pursuant to Treaty 6. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Big Island Lake Cree Nation (BAND-399) Primrose Lake Air Weapons Concluded - Date Legal Opinion Signed: 1975/05/18 Range-PLAWR II File Closed - Not Accepted for Negotiations: 1975/12/04 - Date of ISCC Process/Active: 1994/02/02 (Band previous name: Joseph Bighead) Alleged - Date Litigation Became Active : 2002/03/26 inadequate compensation for loss of traditional - File Closed: 2002/03/28 harvesting lands (trapping, hunting, fishing, etc.) due to the establishment of the Primrose Lake Air Weapons Range.
Treaty Land Entitlement In Negotiations - Research Start Date : 1981/09/02 Active Negotiations - Date Legal Opinion Signed: 1982/05/28 - Canada Offered to Negotiate: 2008/10/16 (Band previous name: Joseph Bighead) First - Claimant Agreed to Negotiate: 2009/09/23 Nation alleges an insufficient quantity of land was set aside for the band under the terms of Treaty 6.
Birch Narrows / Buffalo River Dene (ASSCTN) Treaty Land Entitlement Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Research Start Date : 2008/10/17 - Not Accepted for Negotiations: 2010/03/26 (Formerly Clear Lake FN) - In their joint submission, the FNs allege outstanding TLE based on the ADOFS and adjusted population calculation under the 1998 TLE policy.
Birch Narrows First Nation (BAND-403) Page 288 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) Treaty 10 Agricultural Under Assessment - Date Claim Filed: 2010/04/07 Assistance Research - Research Start Date : 2010/04/08
Alleges the Crown failed to provide the First Nation with the agricultural benefits and provisions promised pursuant to Treaty 10.
Black Lake (BAND-359) Treaty Land Entitlement Settled - Canada Offered to Negotiate: 1978/03/09 Settled Through Negotiations - Settlement Signed by Canada: 1981/04/02
(Band previous name: Stoney Rapids). Unfulfilled treaty land entitlement pursuant to Treaty 8.
Black Lake / Fond du Lac (ASSCTN) Treaty 8 Agricultural Benefits Under Assessment - Date Claim Filed: 2008/10/16 and Ammo & Twine Legal Opinion Signed - Date Legal Opinion Signed: 2011/06/09
The FN alleges that an outstanding lawful obligation exists on the part of the Crown for not having fully provided the benefits under Treaty 8.
Buffalo River Dene Nation (BAND-398) Primrose Lake Air Weapons Concluded - Date Legal Opinion Signed: 1975/05/18 Range-PLAWR II File Closed - Not Accepted for Negotiations: 1975/12/04 - Date of ISCC Process/Active: 1993/06/30 Alleged inadequate compensation for loss of - File Closed: 2002/03/28 traditional harvesting lands (trapping, hunting, fishing, etc.) due to the establishment of the Primrose Lake Air Weapons Range.
Canoe Lake Cree First Nation (BAND-394) Ammunition Settled - Date Legal Opinion Signed: 1976/02/11 Settled Through Negotiations - Canada Offered to Negotiate: 1976/04/23 - Settlement Signed by Canada: 1976/09/29 Failure to provide ammunition pursuant toTreaty No. 10. Page 289 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) Primrose Lake Air Weapons Concluded - Research Start Date : 1985/10/04 Range-PLAWR I Resolved Through Administrative Remedy - Date Legal Opinion Signed: 1986/09/11 - Not Accepted for Negotiations: 1986/11/18 Alleged inadequate compensation for loss of - Date of ISCC Process/Active: 1992/10/31 traditional harvesting lands (trapping, hunting, - Date Referred for Admin. Remedy : 1995/03/02 fishing, etc.) due to the establishment of the Primrose Lake Air Weapons Range.
Treaty 10 Agricultural Under Assessment - Date Claim Filed: 2008/10/16 Assistance Justice Department Preparing Legal Opinion
Alleged failure by the Crown to provide assistance necessary in farming or stock-raising pursuant to Treaty 10.
Treaty Land Entitlement Settled - Date Litigation Became Active : 1989/03/16 Settled Through Negotiations - Research Start Date : 1990/10/19 - Canada Offered to Negotiate: 1991/10/17 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 1993/06/30 Treaty 10. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Carry The Kettle (BAND-378) 1882 Cypress Hills Surrender Concluded - Research Start Date : 1990/12/20 Resolved Through Administrative Remedy - Date Litigation Became Active : 1993/10/29 - Not Accepted for Negotiations: 1993/12/08 Alleged an area of 340 square miles north of - Date Legal Opinion Signed: 1994/02/17 Cypress Hills was a reserve and was not - Date of ISCC Process/Active: 1996/09/13 surrendered in 1882. - File Closed: 2001/01/05 - Date Referred for Admin. Remedy : 2004/10/08
1905 Assiniboine Surrender In Negotiations - Research Start Date : 1990/12/15 Inactive Negotiations - Date Litigation Became Active : 1993/05/11 - Not Accepted for Negotiations: 1994/09/12 Alleged invalid surrender of 5,760 acres of - Date Legal Opinion Signed: 2008/02/19 Assiniboine Reserve No. 76 in 1905. Also, - Date of ISCC Process/Active: 2008/02/20 agricultural provisions under Treaty 4. - Canada Offered to Negotiate: 2009/05/28 - Negotiations Inactive: 2009/05/29 - Pending FN's BCR Accepting to Negotiate: 2009/05/30 Page 290 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) Treaty Land Entitlement Settled - Research Start Date : 1993/02/19 Settled Through Negotiations - Date Legal Opinion Signed: 1993/11/25 - Canada Offered to Negotiate: 1994/11/25 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 1996/03/27 Treaty 4.
Clearwater River Dene (BAND-401) Treaty Land Entitlement Concluded - Not Accepted for Negotiations: 1995/03/31 File Closed - Date of ISCC Process/Active: 1995/04/24 - File Closed: 1996/09/23 Unfulfilled treaty land entitlement pursuant to Treaty No. 8.
Cote First Nation 366 (BAND-366) 1903 CNR Expropriation Under Assessment - Date Claim Filed: 2009/07/08 Justice Department Preparing Legal Opinion - Research Start Date : 2009/07/09
Alleges consent of FN was never obtained; failure to comply with expropriation legislation; and breach of duties to FN.
1904 Station Grounds and Under Assessment - Date Claim Filed: 2009/07/08 Kamsack Town Site Surrender Justice Department Preparing Legal Opinion - Research Start Date : 2009/07/09
Alleges failure to comply with surrender provisions of 1886 Indian Act and breach pre-surrender fiduciary duty.
1905 Surrender Concluded - Research Start Date : 1990/10/30 File Closed - Date Legal Opinion Signed: 1994/02/02 - Not Accepted for Negotiations: 1994/04/18 Alleged 1905 surrender of 18,043 acres of Cote - Date of ISCC Process/Active: 1996/04/19 I.R. No. 64 and sale thereof was wrongful. It also - File Closed: 1997/08/04 alleges that aspects of the implementation of the 1907 surrender were improper. Page 291 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) 1905-1907-1913 & 1914 In Negotiations - Research Start Date : 1997/09/01 Surrenders Consolidation Active Negotiations - Date Litigation Became Active : 2004/11/02 - Date Legal Opinion Signed: 2004/11/03 Alleged invalid surrenders (1905, 1907, 1913, and - Claimant Agreed to Negotiate: 2006/08/14 1914) and improper sales of land on Cote I.R.'s. - Canada Offered to Negotiate: 2008/10/16
1907 Surrender Concluded - File Closed: 1997/08/04 File Closed
Alleged 1905 surrender of 18,403 acres of Cote I.R. #64 and sale thereof was wrongful and aspects of the implementation of the 1907 surrender were improper.
Cowessess (BAND-361) 1907 Surrender Concluded - Research Start Date : 1983/08/24 File Closed - Date Legal Opinion Signed: 1993/10/21 - Not Accepted for Negotiations: 1994/03/25 Alleged 1907 surrender of 20,704 acres was - Date of ISCC Process/Active: 1996/08/21 invalid. - File Closed: 2007/12/13
Flooding QVIDA (SPLIT #1) In Negotiations - Canada Offered to Negotiate: 2008/10/16 Cowessess Active Negotiations
The Qu'Appelle Valley bands alleged improper alienation of reserve land and damage due to flooding.
Treaty Land Entitlement Settled - Research Start Date : 1991/02/22 Settled Through Negotiations - Date Legal Opinion Signed: 1992/05/29 - Canada Offered to Negotiate: 1992/10/22 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 1996/03/14 Treaty 4.
Cumberland House Cree Nation (BAND-350) Page 292 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) 100A Concluded - Research Start Date : 1995/02/01 File Closed - Date Legal Opinion Signed: 1997/11/17 - Date Litigation Became Active : 1997/12/09 Joined with March 25/1986's claim. Alleged - Canada Offered to Negotiate: 1997/12/10 wrongful taking of portion of Cumberland House - Date of ISCC Process/Active: 2000/02/07 100A, and its amalgamation with James Smith - File Closed: 2008/10/15 Cree Nation.
1893 Improper Surrender of Concluded - Date Claim Filed: 2008/10/16 Reserve Lands (Surrender No Lawful Obligation Found - Not Accepted for Negotiations: 2011/05/16 Project) The FN alleges that the surrender of IR #20 was invalid, because only 14 of 32 adult male band members made their mark on the surrender document; the Indian Act requires the consent of the majority of adult male band members for any surrender to be valid.
Treaty Land Entitlement Concluded - Research Start Date : 1983/08/02 No Lawful Obligation Found - Date Legal Opinion Signed: 1983/11/16 - Not Accepted for Negotiations: 1984/06/21 Unfulfilled treaty land entitlement pursuant to Treaty No. 5.
English River First Nation (BAND-400) Treaty Land Entitlement Settled - Research Start Date : 1990/10/01 Settled Through Negotiations - Canada Offered to Negotiate: 1991/10/17 - Settlement Signed by Canada: 1993/06/30 Unfulfilled treaty land entitlement under Treaty 10. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Fishing Lake First Nation (BAND-390) 1907 Surrender Settled - Research Start Date : 1990/12/01 Settled Through Negotiations - Date Litigation Became Active : 1993/05/11 - Date of ISCC Process/Active: 1995/03/02 Alleged improper surrender and sale of Fishing - Not Accepted for Negotiations: 1995/06/14 Lake I.R. No. 89 in 1907. - Date Legal Opinion Signed: 1996/04/18 - Canada Offered to Negotiate: 1996/08/27 - Settlement Signed by Claimant: 2001/03/30 - Settlement Signed by Canada: 2001/08/25 Page 293 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Flying Dust First Nation (BAND-395) 1932 CPR Right of Way Concluded - Research Start Date : 1995/04/10 Expropriation File Closed - Date Litigation Became Active : 2002/04/16 - Date Legal Opinion Signed: 2006/07/10 Claim that the FN is entitled to the restoration of - Canada Offered to Negotiate: 2008/10/16 lands expropriated for railway purposes. - Negotiations Inactive: 2008/10/17 - Pending FN's BCR Accepting to Negotiate: 2008/10/18 - File Closed: 2011/04/21
Primrose Lake Air Weapons Concluded - Date Legal Opinion Signed: 1975/05/18 Range-PLAWR II File Closed - Not Accepted for Negotiations: 1975/12/04 - Date of ISCC Process/Active: 1994/02/02 Alleged inadequate compensation for loss of - File Closed: 2002/03/28 traditional harvesting lands (trapping, hunting, fishing, etc.) due to the establishment of the Primrose Lake Air Weapons Range.
Treaty Land Entitlement Settled - Research Start Date : 1980/10/18 Settled Through Negotiations - Canada Offered to Negotiate: 1992/07/15 - Settlement Signed by Canada: 1993/06/04 Unfulfilled treaty land entitlement under Treaty 6. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Fond du Lac (BAND-351) Treaty Land Entitlement Settled - Research Start Date : 1976/02/02 Settled Through Negotiations - Settlement Signed by Canada: 1986/03/20
Unfulfilled treaty land entitlement pursuant to Treaty 8.
George Gordon First Nation (BAND-391) Treaty Land Entitlement Settled - Research Start Date : 2000/03/01 Settled Through Negotiations - Canada Offered to Negotiate: 2004/03/09 - Settlement Signed by Claimant: 2008/08/09 Unfulfilled treaty land entitlement pursuant to - Settlement Signed By Province: 2008/08/10 Treaty 4. - Settlement Signed by Canada: 2008/08/11
Hatchet Lake (BAND-352) Page 294 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) Treaty Land Entitlement Under Assessment - Date Claim Filed: 2009/10/08 Research - Research Start Date : 2009/10/09
Alleges the FN received a shortfall of reserve land pursuant to the terms of Treaty 10.
Island Lake First Nation (BAND-397) 1914 Ministikwan Alienation Settled - Research Start Date : 1980/01/22 Settled Through Negotiations - Date Legal Opinion Signed: 1980/05/09 - Canada Offered to Negotiate: 1980/10/06 Alleged 4,161 hectares were unlawfully alienated - Settlement Signed by Canada: 1991/07/19 from Ministikwan Lake Reserve.
Ammunition and Twine - Treaty Under Assessment - Date Claim Filed: 2008/10/16 6 Justice Department Preparing Legal Opinion
The FN alleges that when the Island Lake Indians entered Treaty they were entitled to ammunition and twine based on fifty three cents per person in 1876, which would then be adjusted for inflation. The FN alleges that they did not receive this amount.
Treaty 6 Agricultural Assistance Under Assessment - Date Claim Filed: 2008/10/16 Justice Department Preparing Legal Opinion
The FN alleges that it is unclear whether Island Lake received agricultural implements. The FN requests an accounting of whether these were provided and in what amounts.
Unfunded Annuities for Chiefs Concluded - File Closed: 2008/06/03 and Headmen File Closed
The FN alleges that Chief and Headmen were only paid their salary not their individual annuity. The FN alleges that this is a breach of Treaty Six.
James Smith (BAND-370) Page 295 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) 1897 Chacastapasin Surrender Concluded - Research Start Date : 1994/03/24 and Sale File Closed - Date Legal Opinion Signed: 2002/06/11 - Canada Offered to Negotiate: 2003/03/31 Alleged wrongful surrender and fraud in the sale - Date of ISCC Process/Active: 2004/04/02 of the Chacastapasin Reserve. - Date Litigation Became Active : 2005/04/29 - File Closed: 2008/10/10
1902 Surrender/Sale of Concluded - Date Litigation Became Active : 1991/10/12 Cumberland 100A File Closed - Research Start Date : 1994/04/08 - Date Legal Opinion Signed: 1998/03/06 Alleged wrongful surrender and fraud in the sale - Canada Offered to Negotiate: 1998/03/13 of the southern portion of the Cumberland - Date of ISCC Process/Active: 1999/06/18 Reserve 100A. - File Closed: 2008/10/10
No Man's Land - Trespass - Concluded - Date Litigation Became Active : 1991/12/05 Loss of Use File Closed - Research Start Date : 1995/04/30 - Date Legal Opinion Signed: 1998/01/26 Alleged the Province of Saskatchewan and - Canada Offered to Negotiate: 1998/03/13 farmers are in trespass on reserve land. - Date of ISCC Process/Active: 2001/06/06 - File Closed: 2008/10/10
Treaty Land Entitlement Concluded - Research Start Date : 1982/10/01 File Closed - Not Accepted for Negotiations: 1984/05/22 - Date of ISCC Process/Active: 1999/06/18 Unfulfilled treaty land entitlement pursuant to - File Closed: 2008/10/10 Treaty No. 6.
Kahkewistahaw (BAND-362) 1907 Surrender Settled - Research Start Date : 1991/09/26 Settled Through Negotiations - Not Accepted for Negotiations: 1994/08/10 - Date of ISCC Process/Active: 1996/01/26 Alleged 1907 surrender of 33,281 acres of - Date Legal Opinion Signed: 1997/12/01 Kahkewistahaw I.R. No. 70 and sale thereof was - Canada Offered to Negotiate: 1997/12/18 wrongful. - Date Litigation Became Active : 2001/03/30 - Settlement Signed by Claimant: 2002/11/25 - Settlement Signed by Canada: 2003/02/17 Page 296 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) Capital and Revenue Account Concluded - Date Claim Filed: 2008/10/16 Mismanagement No Lawful Obligation Found - Date Legal Opinion Signed: 2009/06/10 - Not Accepted for Negotiations: 2010/03/26 The FN alleges that the Crown has breached its fiduciary duty to the FN, as well as provisions of the Indian Act in the management and expenditures of funds from the surrender of 33,281 acres in 1907.
Fishing Station Settled - Research Start Date : 1984/11/30 Settled Through Negotiations - Date Legal Opinion Signed: 1985/05/01 - Canada Offered to Negotiate: 1985/10/11 FN alleged that they never received a portion of - Settlement Signed by Claimant: 1991/10/02 the fishing grounds comprising 27.5 acres, which - Settlement Signed by Canada: 1992/03/13 were to be set apart as Reserve 72A in 1889.
Flooding of IR #72 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2010/10/05 - Not Accepted for Negotiations: 2011/05/20 The First Nation alleges improper alienation of reserve land due to flooding.
Invalid Surrender IR 72A & Under Assessment - Date Claim Filed: 2011/02/02 Road Alienation Research - Research Start Date : 2011/02/03
Alleges unlawful alienation of a portion of IR72A for road purposes and improper surrender of Kahkewistahaw First Nation fishing station IR72A.
Treaty Land Entitlement Concluded - Research Start Date : 1992/06/09 File Closed - Date Legal Opinion Signed: 1994/01/26 - Not Accepted for Negotiations: 1994/05/11 Unfulfilled treaty land entitlement pursuant to - Date of ISCC Process/Active: 1994/09/02 Treaty No. 4. - File Closed: 1997/01/09
Kawacatoose (BAND-393) Page 297 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) 1918 Surrender I.R. No. 88 Settled - Research Start Date : 1984/08/16 Settled Through Negotiations - Date Litigation Became Active : 1990/04/16 - Date Legal Opinion Signed: 1991/02/14 Claimed surrender of 8,080 acres of I.R. No. 88 in - Canada Offered to Negotiate: 1991/03/14 1918 was not valid and that the price paid for the - Settlement Signed by Claimant: 1991/11/04 land was inadequate. - Settlement Signed by Canada: 1991/11/05
Treaty Land Entitlement Settled - Research Start Date : 1993/01/01 Settled Through Negotiations - Date of ISCC Process/Active: 1994/05/17 - Not Accepted for Negotiations: 1994/05/18 Unfulfilled land entitlement pursuant to Treaty 4. - Date Legal Opinion Signed: 1997/05/05 - Canada Offered to Negotiate: 1998/04/29 - Settlement Signed by Canada: 2000/10/20
Keeseekoose (BAND-367) 1909 Surrender (Surrender In Negotiations - Date Litigation Became Active : 2004/04/29 Project) Inactive Negotiations - Research Start Date : 2006/05/16 - Date Legal Opinion Signed: 2007/04/24 Claimant alleges that the land surrender of May - Canada Offered to Negotiate: 2008/10/16 15, 1909 is invalid, and that Canada mismanaged - Negotiations Inactive: 2008/10/17 the sale of the lands, acting in contravention of the - Pending FN's BCR Accepting to Negotiate: 2008/10/18 Indian Act.
Treaty Land Entitlement Settled - Research Start Date : 1990/10/01 Settled Through Negotiations - Canada Offered to Negotiate: 1991/10/17 - Settlement Signed by Canada: 1995/09/18 Unfulfilled land entitlement pursuant Treaty 4. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Kinistin Saulteaux Nation (BAND-377) Agricultural Implements Under Assessment - Date Claim Filed: 2008/10/16 Justice Department Preparing Legal Opinion
Alleged failure by the Crown to provide agricultural implements, pursuant to Treaty 4. Page 298 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) Timber Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/01/06
The FN alleges that timber permits were issued by Canada that resulted in the illegal removal of timber from the Kinistin Saulteaux reserve #91 between 1898-1925. The FN alleges that they were not consulted and a surrender was not obtained. The FN alleges that Canada allowed a sawmill to be built on reserve land. The FN alleges that these actions represent a breach of Canada's treaty, fiduciary and constitutional obligations and jurisdiction pursuant to Treaty 4, the Constitution Act, and the 1886 Indian Act.
Lac La Ronge (BAND-353) Treaty Land Entitlement Concluded - Research Start Date : 1981/02/02 File Closed - Date Legal Opinion Signed: 1984/04/12 - Not Accepted for Negotiations: 1984/09/14 Unfulfilled treaty land entitlement pursuant to - Date Litigation Became Active : 1987/07/14 Treaty No. 6. - Date of ISCC Process/Active: 1993/03/08 - File Closed: 1996/03/31
Lac La Ronge / Montreal Lake (ASSCTN) 1904 Timber Surrender & Sale In Negotiations - Date Litigation Became Active : 2005/02/14 (Surrender Project) Active Negotiations - Research Start Date : 2005/02/15 - Date Legal Opinion Signed: 2006/05/24 The FN alleges that Canada breached its lawful - Claimant Agreed to Negotiate: 2007/03/20 obligations by conducting a surrender of the - Canada Offered to Negotiate: 2008/10/16 Spruce timber on Little Red reserve #106A without obtaining the proper consent from both FNs in accordance with provisions of the Indian Act. Alternatively the Crown breached their fiduciary obligations by proceeding to conclude the surrender transaction and conclude the sale without the FN's sanctioning.
Last Mountain Reserve Claimants (ASSCTN) Page 299 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Last Mountain Reserve No. 80A Under Assessment - Date Claim Filed: 2008/12/10 1918 Surrender Justice Department Preparing Legal Opinion - Research Start Date : 2008/12/11
Alleges that the Surrender of IR 80A in 1918 is invalid, because the reserve was set aside for multiple bands, is not eligible for surrender and does not meet mandatory requirements for surrender under the Indian Act, including questionable affidavits supporting the surrender, no evidence of meetings held to discuss the surrender with interested Bands, and misrepresentation of surrender documens by Indian Agents to FNs. Also, that the Crown is in breach of its fiduciary responsibility to implement surrenders that are in the best interest of the Bands involved.
Little Black Bear (BAND-379) 1928 Surrender Settled - Research Start Date : 1991/01/24 Settled Through Negotiations - Date Litigation Became Active : 1993/11/04 - Date Legal Opinion Signed: 1994/04/15 FN alleged that the 1928 surrender of 12,408 - Canada Offered to Negotiate: 1994/09/23 acres of land and sale was invalid. - Settlement Signed by Canada: 1996/07/10
1928 Surrender - Part 2 Concluded - Date Litigation Became Active : 1993/11/04 File Closed - Research Start Date : 1999/04/06 - Date Legal Opinion Signed: 2004/10/26 Alleges unlawful surrender, lack of compensation - Not Accepted for Negotiations: 2005/11/17 for road allowances (445.5 acres); excess land - Date of ISCC Process/Active: 2007/09/25 taken (153.5 acres); failure to compensate for hay - File Closed: 2009/01/30 lands; unlawful taking of minerals; mismanagement of sale proceeds.
Beaver Hills Alienation - 1889 Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/09/22 - Not Accepted for Negotiations: 2010/03/26 Claimant alleges Canada ignored the Band's choice re: reserve location, and alientated land at Beaver Hills without the Band's consent, knowing that the Beaver Hills land was the traditional territory of the Band. Page 300 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Little Pine (BAND-340) Treaty Land Entitlement Settled - Date Legal Opinion Signed: 1985/04/04 Settled Through Negotiations - Research Start Date : 1991/05/03 - Canada Offered to Negotiate: 1991/10/17 Unfulfilled land entitlement pursuant to Treaty No. - Settlement Signed by Canada: 1993/06/09 6. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Wrongful Denial of Annuity Concluded - Research Start Date : 2004/07/29 Payments File Closed - File Closed: 2008/06/26
The Department of Indian Affairs unlawfully terminated the treaty annuities owed to the Little Pine First Nation in the aftermath of the Northwest Rebellion.
Lucky Man (BAND-341) Treaty Land Entitlement Settled - Research Start Date : 1974/11/01 Settled Through Negotiations - Not Accepted for Negotiations: 1975/03/27 - Canada Offered to Negotiate: 1980/11/12 Unfulfilled land entitlement pursuant to Treaty No. - Date Legal Opinion Signed: 1985/04/04 6. - Settlement Signed by Canada: 1989/11/23
Treaty Land Entitlement Concluded - Research Start Date : 1993/05/25 Settlement Grievance File Closed - Date Legal Opinion Signed: 1995/06/21 - Not Accepted for Negotiations: 1995/07/07 Alleged TLE settlement in 1989 was unfair. - Date of ISCC Process/Active: 2003/12/18 Alleged settlement provided insufficient land. - File Closed: 2010/08/17 Also claimed loss of use.
Makwa Sahgaiehcan First Nation (BAND-396) 1932 CNR Townsite Surrender Concluded - Date Claim Filed: 2008/10/16 & 1933 Railway ROW No Lawful Obligation Found - Not Accepted for Negotiations: 2010/12/24 Expropriation FN alleges Canada breached its duty of care by allowing an expropriation for railway right-of-way, station grounds and a surrender for a townsite, when the railway was never built. Page 301 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) 1935 Surrender & Lease to the In Negotiations - Date Claim Filed: 2008/10/16 Church of England (Surrender Active Negotiations - Canada Offered to Negotiate: 2009/04/09 Project) - Pending FN's BCR Accepting to Negotiate: 2009/04/10 The First Nation alleges that Canada breached its - Claimant Agreed to Negotiate: 2010/01/11 fiduciary obligations in obtaining two surrenders of portions of IR 129B without the informed consent of the First Nation, and in pursuing surrenders that were exploitative and not in the best interests of the First Nation.
1938 Surrender & Sale to the In Negotiations - Date Claim Filed: 2008/10/16 Red Cross Hospital Lands Active Negotiations - Canada Offered to Negotiate: 2009/04/09 (Surrender Project) - Pending FN's BCR Accepting to Negotiate: 2009/04/10 The First Nation alleges that Canada breached its - Claimant Agreed to Negotiate: 2010/01/11 fiduciary obligations in obtaining two surrenders of portions of IR 129B without the informed consent of the First Nation, and in pursuing surrenders that were exploitative and not in the best interests of the First Nation.
1939 Surrender (Surrender Concluded - Date Litigation Became Active : 2002/04/28 Project) No Lawful Obligation Found - Research Start Date : 2006/07/29 - Date Legal Opinion Signed: 2007/07/05 Allege that the 1939 surrender is invalid because - Not Accepted for Negotiations: 2008/07/18 the First Nation did not consent; that the transaction was exploitative; and the lands were leased contrary to the provisions of the Indian Act.
1958 Land Exchange Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2008/11/10 - Not Accepted for Negotiations: 2009/10/22 The FN alleges that an exchange of land between the FN and the province in 1958, which was technically an expropriation, was unlawful.
Land Sales Admin. 1932 - 1939 Concluded - Date Claim Filed: 2008/10/16 Surrenders No Lawful Obligation Found - Date Legal Opinion Signed: 2010/03/11 - Not Accepted for Negotiations: 2010/12/13 Page 302 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) This is the fifth of five submissions from this First Nation on a series of related events between 1932 and 1958. The claim alleges that Canada breached its lawful obligations when the Department administered land sales on individual lots of land surrendered by the First Nation in 1932 and 1939.
Treaty Land Entitlement Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Research Start Date : 2008/10/17 - Not Accepted for Negotiations: 2010/03/26 Claimants allege Band did not receive it's full land entitlement under Treaty 6.
Mistawasis (BAND-374) 1911 - 1917 and 1919 Settled - Research Start Date : 1992/12/30 Surrenders Settled Through Negotiations - Date Litigation Became Active : 1993/08/31 - Date Legal Opinion Signed: 1994/07/25 Alleged surrender of 18,155 acres of I.R. No. 103 - Canada Offered to Negotiate: 1994/11/03 in 1911, 1917 and 1919, and the associated land - Date of ISCC Process/Active: 1998/05/28 sales, were wrongful, and associated road - Settlement Signed by Canada: 2001/07/16 allowances were never properly surrendered.
Treaty Land Entitlement In Negotiations - Research Start Date : 2005/07/19 Active Negotiations - Negotiations Inactive: 2008/08/02 - Pending FN's BCR Accepting to Negotiate: 2008/08/03 The FN alleges it did not receive sufficient reserve - Canada Offered to Negotiate: 2008/10/16 land as required by Treaty 6, including absentees, - Claimant Agreed to Negotiate: 2009/01/23 arrears, late adherents and landless transferees, and marriages to non-treaty women.
Montreal Lake (BAND-354) Ammunition & Twine - Treaty 6 Under Assessment - Date Claim Filed: 2008/10/16 Justice Department Preparing Legal Opinion
Unfulfilled provisions under Treaty 6, including ammunition and twine. Page 303 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Annuity Payments - Treaty 6 Concluded - Research Start Date : 2004/04/15 File Closed - File Closed: 2008/06/03
The FN alleges that Chief and Headmen were only paid their salary not their individual annuity. The FN alleges that this is a breach of Treaty Six.
Non-Indian Encroachment of In Negotiations - Date Claim Filed: 2008/10/16 the Montreal lake IR No. 106 Inactive Negotiations - Date Legal Opinion Signed: 2009/03/17 - Canada Offered to Negotiate: 2011/06/14 The FN alleges that the Crown breached its trust - Negotiations Inactive: 2011/06/15 and/or fiduciary obligation by permitting squatters - Pending FN's BCR Accepting to Negotiate: 2011/06/16 and trespassers to remain on the reserve despite the Band's request for their removal, permitting traders and squatters to remain on the reserve without proper authorization and licence, and by failing to obtain adequate compensation for the Band despite the Band's request for an increase of the nominal annual rent. The FN alleges that the Department neglected to comply with the provisions of the Indian Act. The FN also alleges that the Department failed to collect the rents for previous occupation for a substantial period of time.
Moosomin (BAND-342) 1909 Surrender Settled - Research Start Date : 1987/11/19 Settled Through Negotiations - Date Litigation Became Active : 1991/03/14 - Date Legal Opinion Signed: 1993/03/22 Alleged wrongful surrender in 1909 of I.R. No. 112 - Date of ISCC Process/Active: 1995/07/19 and Moosomin's share in I.R. No. 112A Haylands, - Canada Offered to Negotiate: 1997/12/18 or, in the alternative, improper collection of - Settlement Signed by Canada: 2003/10/02 monies.
Treaty Land Entitlement Settled - Date Legal Opinion Signed: 1982/12/09 Settled Through Negotiations - Research Start Date : 1990/10/23 - Canada Offered to Negotiate: 1992/06/03 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 1993/05/27 Treaty 6. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement. Page 304 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s)
Mosquito, Grizzly Bear's Head, Lean Man First Nati (BAND-343) 1905 Surrender of I.R. #110 - Under Assessment - Date Claim Filed: 2008/10/16 111 (Surrender Project) Legal Opinion Signed - Date Legal Opinion Signed: 2010/12/08
Alleged 1905 surrender of 14,400 acres of I.R. #110 - 111 was obtained by fraud, and that if the surrender was valid that the lands sold for an insufficient price.
Treaty Land Entitlement Settled - Research Start Date : 1990/10/22 Settled Through Negotiations - Canada Offered to Negotiate: 1992/01/23 - Settlement Signed by Canada: 1993/06/28 Unfulfilled treaty land entitlement pursuant to Treaty 6. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Muscowpetung (BAND-381) 1909 Surrender (Surrender Concluded - Date Litigation Became Active : 1994/02/23 Project) No Lawful Obligation Found - Research Start Date : 2006/05/16 - Date Legal Opinion Signed: 2007/02/06 Alleged wrongful 1909 surrender of 17,600 acres - Not Accepted for Negotiations: 2007/08/29 of I.R. No. 80.
Flooding QVIDA (SPLIT #2) In Negotiations - Date Litigation Became Active : 2004/03/31 Muscowpetung Active Negotiations - Canada Offered to Negotiate: 2008/10/16
The Qu'Appelle Valley bands alleged improper alienation of reserve land and damage due to flooding.
Muskeg Lake (BAND-375) 1919 Soldier Settlement Board Concluded - Date Claim Filed: 2008/10/16 Surrender (Surrender Project) No Lawful Obligation Found - Not Accepted for Negotiations: 2009/08/06 Page 305 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) The First Nation alleges the Crown breached its fiduciary obligation when the First Nation surrendered I.R. No. 102. The First Nation also alleges the sale of land was mismanaged, in that, the reduction in the price of land after the sale and the subsequent overpayment to the Soldier Settlement Board was negligent. The First Nation further alleges that they were not compensated for 840 acres of "waste lands" later discovered to contain valuable minerals. The First Nation asserts they were not compensated for 160 acres of road allowances.
Treaty Land Entitlement Settled - Research Start Date : 1981/07/02 Settled Through Negotiations - Date Legal Opinion Signed: 1983/10/26 - Canada Offered to Negotiate: 1983/11/30 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 1993/06/25 Treaty 6. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Muskoday First Nation (BAND-371) Treaty Land Entitlement # 1 - Concluded - File Closed: 1994/10/04 William Erasmus and Family File Closed
FN claims a treaty land entitlement shortfall due to crown's failure to include all families.
Treaty Land Entitlement # 2 - Settled - File Closed: 1996/07/02 Late Additions Settled Through Negotiations - Research Start Date : 2000/05/02 - Canada Offered to Negotiate: 2003/04/11 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 2007/11/23 Treaty 6.
Muskowekwan (BAND-392) Page 306 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) 1910 and 1920 Surrender In Negotiations - Research Start Date : 1992/10/15 Inactive Negotiations - Date Litigation Became Active : 1993/10/19 - Not Accepted for Negotiations: 1997/05/13 Alleged 1910 and 1920 surrenders of 160 and - Date of ISCC Process/Active: 2003/12/18 7,485 acres of I.R. No. 85 and the associated land - Date Legal Opinion Signed: 2006/12/21 sales were wrongful, and that the FN was never - Canada Offered to Negotiate: 2008/01/29 compensated for a 1919 lease or for certain road - Negotiations Inactive: 2008/01/30 allowances. - Pending FN's BCR Accepting to Negotiate: 2008/01/31
Treaty Land Entitlement Settled - Date Legal Opinion Signed: 1978/11/23 Settled Through Negotiations - Research Start Date : 1990/10/18 - Canada Offered to Negotiate: 1991/10/17 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 1993/08/12 Treaty 4. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Nekaneet (BAND-380) Maple Creek Settled - Research Start Date : 1975/09/28 Settled Through Negotiations - Canada Offered to Negotiate: 1975/12/10 - Settlement Signed by Canada: 1976/04/01 FN claimed that annuities must be paid to living band members from the time of their respective dates of birth and that the debts of the Federal Government, which have remained unpaid to deceased ancestors should now be paid and distributed to the Band funds, also claimed that land entitlement as described by Treaty #4 must now be made available to the Band.
Other Treaty Benefits Settled - Claimant Agreed to Negotiate: 2004/10/25 Settled Through Negotiations - Research Start Date : 2004/11/03 - Date Legal Opinion Signed: 2007/08/20 Provision of other treaty benefits pursuant to - Canada Offered to Negotiate: 2008/10/16 Treaty 4. - Settlement Signed by Claimant: 2009/09/16 - Settlement Signed by Canada: 2009/12/09 Page 307 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Treaty and Program Benefits Settled - Research Start Date : 1986/07/01 Settled Through Negotiations - Date of ISCC Process/Active: 1996/09/30 - Date Legal Opinion Signed: 1998/05/22 Failure to provide agricultural implements and - Claimant Agreed to Negotiate: 2004/10/25 ammunition and twine pursuant to Treaty No. 4. - Canada Offered to Negotiate: 2008/10/16 - Settlement Signed by Claimant: 2009/09/16 - Settlement Signed by Canada: 2009/12/09
Treaty Land Entitlement Settled - Research Start Date : 1975/12/01 Settled Through Negotiations - Date Legal Opinion Signed: 1980/09/08 - Canada Offered to Negotiate: 1980/10/03 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 1992/09/23 Treaty 4.
Ocean Man (BAND-408) 1901 Amalg. & Surr. Re-Establi. Other - Date Claim Filed: 2008/10/16 Funding Active Litigation - Date Litigation Became Active : 2009/08/19
The Ocean Man First Nation alleges that the 1901 amalgamation and surrender were null and void; that the FN suffered losses and damages as a result of these transactions and the subsequent sale of these lands; and the FN claims there was insufficient funding when the Ocean Man First Nation was re-established to their reserve after the ratification of the 1986 settlement agreement with White Bear and their descendants.
1908 and 1933 Surrender and Under Assessment - Date Claim Filed: 2010/03/11 Lease of Lakefront Legal Opinion Signed - Research Start Date : 2010/03/12 - Date Legal Opinion Signed: 2011/01/19 Alleges that the 1908 Surrender for lease of 500 acres of reserve land is invalid and that the Crown breached its fiduciary obligation to the Band when an alternative Surender and Lease was formed in 1933. Page 308 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) Treaty Land Entitlement Concluded - Research Start Date : 1993/02/22 File Closed - Not Accepted for Negotiations: 1994/01/28 - Date of ISCC Process/Active: 1994/07/06 Octroi d'une superficie insuffisante de terres aux - File Closed: 2002/04/27 termes du Traité no 4.
Ochapowace (BAND-363) 1919 Surrender Settled - Research Start Date : 1985/12/09 Settled Through Negotiations - Date Legal Opinion Signed: 1991/07/16 - Date Litigation Became Active : 1991/10/07 Alleged surrender and sale of 18,240 acres of I.R. - Canada Offered to Negotiate: 1992/08/18 No. 71 in 1919 was invalid, and that the price for - Settlement Signed by Claimant: 1995/03/14 land was inadequate. - Settlement Signed by Canada: 1995/03/30
Flooding QVIDA (SPLIT #3) Other - Canada Offered to Negotiate: 2004/04/02 Ochapowace Active Litigation - Date Litigation Became Active : 2008/06/26
The Qu'Appelle Valley bands alleged improper alienation of reserve land and damage due to flooding.
Greater Production Program Other - Research Start Date : 1997/10/17 Active Litigation - File Closed: 2000/03/07 - Date Litigation Became Active : 2005/07/05 Alleged Crown breached its fiduciary obligation in failing to ensure that fair market value was obtained for the lease of Land for grazing purposes for past three years of lease and alleged it did not receive full 10% for grazing lease under the Greater Production Program.
Treaty Land Entitlement Settled - Research Start Date : 1981/02/02 Settled Through Negotiations - Date Legal Opinion Signed: 1984/03/26 - Canada Offered to Negotiate: 1984/04/19 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 1993/10/22 Treaty 4. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Okanese (BAND-382) Page 309 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) Treaty Land Entitlement Settled - Canada Offered to Negotiate: 1981/08/04 Settled Through Negotiations - Research Start Date : 1990/10/16 - Settlement Signed by Canada: 1993/05/07 Unfulfilled treaty land entitlement pursuant to Treaty No. 4 This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
One Arrow (BAND-373) Mismanagement of Sales Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2010/09/28
The Band alleges that the terms of the 1894 & 1897 surrenders of IR #95 and IR #98 (Tchikastepesin) were breached when the department failed to sell the lands in a timely fashion. The Band also alleges the mismanagement of monies derived from the eventual sales of those lands. Note that the allegations in this claim overlap with the James Smith Claim (Chacastapasin).
Treaty Land Entitlement Settled - Research Start Date : 1990/10/01 Settled Through Negotiations - Canada Offered to Negotiate: 1991/10/17 - Settlement Signed by Canada: 1993/07/06 Unfulfilled treaty land entitlement pursuant to Treaty 6. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Onion Lake (BAND-344) Treaty Land Entitlement Settled - Date Legal Opinion Signed: 1983/09/26 Settled Through Negotiations - Research Start Date : 1991/01/30 - Canada Offered to Negotiate: 1992/01/23 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 1994/04/29 Treaty 6. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Pasqua First Nation #79 (BAND-383) Page 310 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) 1906 Surrender Concluded - Research Start Date : 1995/10/04 File Closed - Date Litigation Became Active : 1998/05/25 - Date Legal Opinion Signed: 2005/03/24 Alleged 1906 land surrender of 16,077 acres of - Not Accepted for Negotiations: 2006/04/07 I.R. No. 79 was wrongful. - Date of ISCC Process/Active: 2006/04/08 - File Closed: 2009/01/30
Flooding QVIDA (SPLIT #4) In Negotiations - Canada Offered to Negotiate: 2008/10/16 Pasqua Active Negotiations
The Qu'Appelle Valley bands alleged improper alienation of reserve land and damage due to flooding.
Treaty Land Entitlement Settled - Research Start Date : 2001/08/20 Settled Through Negotiations - Date of ISCC Process/Active: 2005/05/17 - Canada Offered to Negotiate: 2005/05/18 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Claimant: 2008/09/28 Treaty No. 4. - Settlement Signed By Province: 2008/09/29 - Settlement Signed by Canada: 2008/09/30
Peepeekisis (BAND-384) File Hills Colony Concluded - Research Start Date : 1987/05/28 File Closed - Date Litigation Became Active : 1992/05/12 - Date Legal Opinion Signed: 2000/01/28 Alleged improper loss of 26,000 acres (by - Not Accepted for Negotiations: 2001/12/20 issuance of Location Tickets) of I.R. No. 81 to - Date of ISCC Process/Active: 2002/01/15 establish a colony of former industrial school - File Closed: 2006/06/16 students, who became members of the Peepeekesis FN by transfer of membership from their neighbouring FNs.
Treaty Land Entitlement Concluded - Research Start Date : 1983/07/01 No Lawful Obligation Found - Not Accepted for Negotiations: 1984/05/22
Unfulfilled treaty land entitlement pursuant to Treaty No. 4.
Pelican Lake (BAND-405) Page 311 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) Treaty 6 Agricultural Assistance Concluded - Research Start Date : 2008/06/30 File Closed - File Closed: 2009/07/21
The First Nation was not given benefits promised in Treaty 6: specifically, a one-time payment of $12 to every individual, yearly annuity payments, livestock and agricultural implements, medical assistance, education, and ammunition and twine.
Treaty Land Entitlement Settled - Research Start Date : 1990/12/11 Settled Through Negotiations - Canada Offered to Negotiate: 1991/10/17 - Settlement Signed by Canada: 1995/09/15 Unfulfilled treaty land entitlement pursuant to Treaty 6. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Pelly Haylands Claimants (ASSCTN) Pelly Haylands (1899 Settled - Date Legal Opinion Signed: 2000/01/25 Alienation) Settled Through Negotiations - Date Litigation Became Active : 2000/07/27 - Canada Offered to Negotiate: 2000/07/28 FN alleges lands known as the 'Pelly Haylands' - Settlement Signed by Claimant: 2006/05/05 were wrongfully alienated from reserves in the - Settlement Signed by Canada: 2008/09/18 Fort Pelly District. Jointly submitted with Keeseekoose and Key Bands.
Peter Ballantyne Cree Nation (BAND-355) Treaty Land Entitlement Settled - Research Start Date : 1990/10/22 Settled Through Negotiations - Canada Offered to Negotiate: 1991/10/17 - Settlement Signed by Canada: 1993/12/10 Unfulfilled treaty land entitlement pursuant to Treaty 6. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Pheasant Rump Nakota (BAND-409) 1908 and 1933 Surrender & Under Assessment - Date Claim Filed: 2009/05/06 Lease of Lake Front Legal Opinion Signed - Research Start Date : 2009/05/07 - Date Legal Opinion Signed: 2011/01/19 Page 312 of 326 Report as of 2011/07/04 Status Report on Specific Claims
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Claimant & Claim Name Current Status & Description Key Date(s) Alleges that the 1908 Surrender for approx. 500 acres did not satisfy the mandatory requirements for a valid surrender under the 1906 Indian Act and is therefore invalid. Further alleges that the Crown is in violation of fiduciary duty owed to the Amalgamated Band by not protecting the latter against exploitation in the 1908 and 1933 surrender and lease.
Piapot (BAND-385) 1918 and 1919 Surrenders Settled - Research Start Date : 1987/04/13 Settled Through Negotiations - Date Legal Opinion Signed: 1992/01/06 - Canada Offered to Negotiate: 1992/02/13 Alleged the 1918 and 1919 surrenders of 2,180 - Settlement Signed by Claimant: 1993/02/11 and 15,360 acres of I.R. No. 75 were invalid, and - Settlement Signed by Canada: 1993/03/24 that the price for the land was inadequate.
Flooding of Reserve Lands Other - Research Start Date : 2008/04/16 Active Litigation - Date Litigation Became Active : 2008/06/26
The FN alleges flooding of land by Prairie Farm Rehabilitation Administration (PFRA) control structures both upstream (Craven and Valeport Dams) and downstream (Echo Lake Dam) from IR #75.
Treaty Land Entitlement Settled - Research Start Date : 1990/10/17 Settled Through Negotiations - Canada Offered to Negotiate: 1991/10/17 - Settlement Signed by Canada: 1993/03/30 Unfulfilled treaty land entitlement pursuant to Treaty 4. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Poundmaker (BAND-345) Page 313 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) Treaty Land Entitlement Settled - Date Legal Opinion Signed: 1982/07/28 Settled Through Negotiations - Research Start Date : 1990/10/01 - Canada Offered to Negotiate: 1992/03/06 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 1993/10/06 Treaty 6. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Wrongful Denial of Annuity Concluded - Research Start Date : 2004/07/29 Payments File Closed - File Closed: 2008/06/17
The Department of Indian Affairs unlawfully terminated the treaty annuities owed to the Poundmaker First Nation in the aftermath of the Northwest Rebellion.
Red Earth (BAND-356) Treaty Land Entitlement Concluded - File Closed: 1995/03/31 File Closed
Unfulfilled treaty land entitlement pursuant to Treaty No. 5.
Red Earth / Shoal Lake Claimants (ASSCTN) Quality of Reserve Land Concluded - Research Start Date : 1999/05/07 (Agricultural) File Closed - Date Legal Opinion Signed: 2005/05/26 - Not Accepted for Negotiations: 2006/12/20 Red Earth and Shoal Lake FNs alleged they were - Date of ISCC Process/Active: 2007/01/18 not provided with farming lands pursuant to Treaty - File Closed: 2009/08/18 #5 and adhesions thereto.
Red Pheasant (BAND-346) Treaty Land Entitlement Settled - Research Start Date : 1978/09/02 Settled Through Negotiations - Canada Offered to Negotiate: 1992/06/03 - Settlement Signed by Canada: 1993/06/25 Unfulfilled treaty land entitlement pursuant to Treaty 6. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Sakimay First Nations (BAND-364) Page 314 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) 1907 Little Bone Surrender Settled - Research Start Date : 1984/04/09 Settled Through Negotiations - Date Legal Opinion Signed: 1985/06/28 - Canada Offered to Negotiate: 1985/10/11 Alleged wrongful surrender of 6,000 acres in 1907 - Date Litigation Became Active : 1991/12/05 from Little Bone I.R. No. 73A. - Settlement Signed by Claimant: 1991/12/06 - Settlement Signed by Canada: 1992/03/11
Flooding QVIDA (SPLIT #5) In Negotiations - Date Litigation Became Active : 2004/03/31 Sakimay First Nations Active Negotiations - Canada Offered to Negotiate: 2008/10/16
The Qu'Appelle Valley bands alleged improper alienation of reserve land and damage due to flooding.
Treaty Land Entitlement In Negotiations - Date Legal Opinion Signed: 1984/04/02 Active Negotiations - Research Start Date : 2000/04/01 - Not Accepted for Negotiations: 2003/09/05 Unfulfilled treaty land entitlement pursuant to - Date of ISCC Process/Active: 2006/09/17 Treaty No. 4. - Claimant Agreed to Negotiate: 2007/05/23 - Canada Offered to Negotiate: 2008/10/16
Saulteaux (BAND-347) 1960 Surrender Under Assessment - Date Claim Filed: 2008/12/10 Justice Department Preparing Legal Opinion - Research Start Date : 2008/12/11
Alleges invalid surrender in 1960 and failure to reserve mine and mineral rights.
Treaty Land Entitlement Settled - Research Start Date : 1990/10/19 Settled Through Negotiations - Canada Offered to Negotiate: 1991/10/17 - Settlement Signed by Canada: 1993/04/07 Unfulfilled treaty land entitlement pursuant to Treaty 6. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Standing Buffalo (BAND-386) Page 315 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) Flooding (SPLIT #1) Standing Settled - Canada Offered to Negotiate: 1998/12/04 Buffalo Settled Through Negotiations - Date of ISCC Process/Active: 2000/12/01 - Settlement Signed by Canada: 2003/03/30 The Qu'Appelle Valley bands alleged improper alienation of reserve land and damage due to flooding.
Star Blanket (BAND-387) Treaty Land Entitlement Settled - Date Litigation Became Active : 1989/03/16 Settled Through Negotiations - Research Start Date : 1990/10/11 - Canada Offered to Negotiate: 1992/09/02 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 1993/05/07 Treaty 4. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Sturgeon Lake First Nation (BAND-360) 1906 Timber Surrender Settled - Research Start Date : 1992/04/20 Settled Through Negotiations - Date Litigation Became Active : 1995/01/03 - Date Legal Opinion Signed: 1995/08/30 Alleged improper administration of Sturgeon Lake - Canada Offered to Negotiate: 1996/12/10 Lumber Co. licence and the improper 1915 - Settlement Signed by Claimant: 2001/02/23 exchange of land. - Settlement Signed by Canada: 2001/03/21
1913 Surrender Concluded - Date Litigation Became Active : 1995/01/03 File Closed - Research Start Date : 1997/04/01 - Date Legal Opinion Signed: 1998/02/18 Alleged wrongful surrender of 2,145 acres of I.R. - Not Accepted for Negotiations: 1998/05/26 No. 101 in 1913. - Date of ISCC Process/Active: 2002/11/27 - File Closed: 2009/08/11
Red Deer Holdings Agricultural Settled - Date Litigation Became Active : 1995/01/03 Lease Settled Through Negotiations - File Closed: 1995/10/23 - Date of ISCC Process/Active: 1996/06/03 FN alleged that Canada breached fiduciary - Date Legal Opinion Signed: 1996/11/21 obligations on failure of Red Deer Holdings Ltd. to - Canada Offered to Negotiate: 1997/08/28 meet its payment obligations regarding the - Settlement Signed by Canada: 1998/12/16 farming of part of the Sturgeon Lake IR #101. Page 316 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) Treaty 6 Agricultural Assistance Under Assessment - Date Claim Filed: 2008/10/16 Justice Department Preparing Legal Opinion
The First Nation was not given benefits promised in Treaty 6: specifically, a one-time payment of $12 to every individual, yearly annuity payments, chief and headmen salaries, livestock and agricultural implements and ammunition and twine.
Treaty Land Entitlement Settled - Research Start Date : 1997/08/15 Settled Through Negotiations - Canada Offered to Negotiate: 2004/03/31 - Settlement Signed by Claimant: 2007/06/17 Unfulfilled treaty land entitlement pursuant to - Settlement Signed By Province: 2007/06/18 Treaty No. 6. - Settlement Signed by Canada: 2007/06/19
Sweetgrass (BAND-348) Treaty Land Entitlement Settled - Date Legal Opinion Signed: 1982/11/04 Settled Through Negotiations - Research Start Date : 1991/04/30 - Canada Offered to Negotiate: 1991/10/17 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 1993/04/27 Treaty 6. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Wrongful Denial of Annuity Concluded - Research Start Date : 2004/07/29 Payments File Closed - File Closed: 2008/06/17
The Department of Indian Affairs unlawfully terminated the treaty annuities owed to the Sweetgrass First Nation in the aftermath of the Northwest Rebellion.
The Key First Nation (BAND-368) 1909 Surrender Concluded - Research Start Date : 1990/12/15 File Closed - Date Legal Opinion Signed: 1993/01/19 - Not Accepted for Negotiations: 1993/01/23 Alleged improper 1909 surrender of 11,500 acres - Date of ISCC Process/Active: 1994/10/28 of I.R. No. 65. - Date Litigation Became Active : 2000/08/14 - File Closed: 2000/08/16 Page 317 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) Thunderchild First Nation (BAND-349) 1908 Surrender Settled - Research Start Date : 1988/02/01 Settled Through Negotiations - Date Litigation Became Active : 1991/01/17 - Date Legal Opinion Signed: 1993/02/09 Alleged wrongful surrender in 1908 of I.R. No. 115 - Canada Offered to Negotiate: 1993/07/09 and No. 115A and Thunderchild's share in I.R. No. - Date of ISCC Process/Active: 1996/08/12 112A Haylands, or, in the alternative, the improper - Settlement Signed by Canada: 2003/10/02 accounting and collection of monies.
Treaty Land Entitlement Settled - Research Start Date : 1978/02/02 Settled Through Negotiations - Canada Offered to Negotiate: 1991/10/17 - Settlement Signed by Canada: 1993/05/11 Unfulfilled treaty land entitlement pursuant to Treaty 6. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
TOUCHWOOD AGENCY TRIBAL COUNCIL INC. (TC-1043) Mismanagement Concluded - Research Start Date : 1993/04/19 File Closed - Date Legal Opinion Signed: 1996/07/18 - Date Litigation Became Active : 1999/09/20 Alleged financial mismanagement of the - Date of ISCC Process/Active: 2003/09/10 Touchwood Agency 1920-23. - Canada Offered to Negotiate: 2008/10/16 - File Closed: 2008/10/17
Touchwood-File Hills Qu'Appelle TCs (ASSCTN) Treaty 4 Bands - Treaty Settled - Research Start Date : 1986/02/05 Grounds Settled Through Negotiations - Date Legal Opinion Signed: 1992/11/02 - Canada Offered to Negotiate: 1992/12/14 Signatories to Treaty 4 allege treaty grounds were - Settlement Signed by Claimant: 1995/09/14 alienated without the consent or approval of the - Settlement Signed by Canada: 1995/09/27 Treaty 4 FNs. Further allege promise was made to forever pay the annuities on the treaty grounds.
Wahpeton Dakota Nation (BAND-358) 1894 Alienation Concluded - Research Start Date : 1991/02/01 File Closed - File Closed: 1992/11/05
Alleged 1,920 acres of I.R. No. 94A was confiscated in 1894 without consent. Page 318 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) Waterhen Lake (BAND-402) Primrose Lake Air Weapons Concluded - Date Legal Opinion Signed: 1975/05/18 Range-PLAWR II File Closed - Not Accepted for Negotiations: 1975/12/04 - Date of ISCC Process/Active: 1993/06/30 Alleged inadequate compensation for loss of - File Closed: 2002/03/28 traditional harvesting lands (trapping, hunting, fishing, etc.) due to the establishment of the Primrose Lake Air Weapons Range.
Reserve Creation Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/03/12 - Not Accepted for Negotiations: 2010/01/21 Alleged breach of fiduciary obligation in that an Indian reserve created for its use in 1921 has not been recognized by Canada since 1926; and that Canada itself deprived the FN of the use and benefit of the said lands from 1926 to date.
White Bear (BAND-365) 1901 Surrender Settled - Research Start Date : 1982/11/17 Settled Through Negotiations - Date Legal Opinion Signed: 1984/02/14 - Canada Offered to Negotiate: 1984/03/29 Inadequate compensation for reserve lands - Settlement Signed by Claimant: 1986/01/29 surrendered in 1901. - Settlement Signed by Canada: 1986/01/30
1908 Surrender for Lease Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2008/10/31
Alleges that the 1908 surrender of 500 acres to the town of Carlyle was invalid and that Canada breached pre and post surrender fiduciary obligations.
Treaty Land Entitlement and Under Assessment - Date Claim Filed: 2008/10/16 Farming Lands (SPLIT #1) Legal Opinion Signed - Date Legal Opinion Signed: 2010/12/29 Quality Farm Lands FN alleges a breach of the Crown's fiduciary obligations to fulfill its treaty obligation to provide quality farm lands. Page 319 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s) Treaty Land Entitlement and Other - Research Start Date : 2004/08/05 Farming Lands (SPLIT #2) Active Litigation - Date Litigation Became Active : 2008/05/22 Treaty Land Entitlement FN alleges an outstanding treaty land entitlement.
Whitecap Dakota First Nation (BAND-372) Hay Lands Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2008/11/17 - Not Accepted for Negotiations: 2009/08/24 The First Nation alleges that the government failed to supply adequate haylands when the band's reserve was created; and was negligent in allowing off-reserve land to be acquired by third parties when it was being used as grazing land for the FN's stock animals.
Witchekan Lake (BAND-407) Treaty Land Entitlement Settled - Research Start Date : 1990/10/01 Settled Through Negotiations - Canada Offered to Negotiate: 1991/10/17 - Settlement Signed by Canada: 1993/06/14 Unfulfilled treaty land entitlement pursuant to Treaty No. 6. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement.
Wood Mountain (BAND-388) 1910 and 1919 Alienation of Concluded - Date Claim Filed: 2008/10/16 Reserve Land File Closed - File Closed: 2009/09/04
FN alleges that Canada made solemn promises to the Wood Mountain Sioux in 1877, including the promise of reserve lands. In 1910, the Sioux understood that all of Twp. 4, Range 4, West of the 3rd meridian had been reserved for them. In 1910, this was changed to exclude the S. 1/2 and the N. 1/2 of Twp. 4. Further, in 1919, 9 sections totalling 5,760 acres were sold for soldier settlement without a surrender, an impartial appraisal, or any compensation to the Wood Mountain First Nation. Page 320 of 326 Report as of 2011/07/04 Status Report on Specific Claims
SASKATCHEWAN (157)
Claimant & Claim Name Current Status & Description Key Date(s)
Alienation of Reserve Land Under Assessment - Date Claim Filed: 2009/10/08 Justice Department Preparing Legal Opinion - Research Start Date : 2009/10/09
Alleges failure to properly establish a reserve and the unlawful taking of portions in 1910 and 1919 without compensation.
Yellow Quill (BAND-376) Treaty Land Entitlement Settled - Date Legal Opinion Signed: 1984/04/02 Settled Through Negotiations - Research Start Date : 1990/10/17 - Canada Offered to Negotiate: 1991/10/17 Unfulfilled treaty land entitlement pursuant to - Settlement Signed by Canada: 1993/05/04 Treaty 4. This First Nation is a signatory to the Saskatchewan TLE Framework Agreement. Page 321 of 326 Report as of 2011/07/04 Status Report on Specific Claims
YUKON (25)
Claimant & Claim Name Current Status & Description Key Date(s) Carcross/Tagish First Nations (BAND-491) Establishment of March Lake IR Under Assessment - Date Claim Filed: 2008/10/16 5 Legal Opinion Signed - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/09/21 Alleged failure to confirm March Lake IR 5 as an Indian reserve and failure to protect reserve land.
Reserve Status of Choutla IR# Concluded - Date Claim Filed: 2008/10/16 9 No Lawful Obligation Found - Research Start Date : 2008/10/17 - Date Legal Opinion Signed: 2010/09/16 The FN alleges that Choutla IR# 9 was - Not Accepted for Negotiations: 2010/12/24 established as an Indian reserve under the meaning of the Indian Act.
Surrender of I.R. 4 Land Concluded - Date Claim Filed: 2008/10/16 No Lawful Obligation Found - Date Legal Opinion Signed: 2009/06/19 - Not Accepted for Negotiations: 2009/12/21 Alleged improper surrender of 7.4 hectares of Carcross/Tagish I.R. 4.
Champagne and Aishihik First Nations (BAND-507) Aishihik - Lot 1000 Concluded - Research Start Date : 1995/04/01 No Lawful Obligation Found - Date Legal Opinion Signed: 1998/03/28 - Not Accepted for Negotiations: 1998/11/17 One of seven distinct claims. Aishihik - Lot 1000 claims that a letter of confirmation from Northern Economic Dev. Branch to Indian-Eskimo Econ. Dev. Branch and recording of parcel in Yukon Land Records, set apart a reserve within the meaning of the Indian Act (de Facto).
Aishihik - Lot 101 Concluded - Date Legal Opinion Signed: 1992/04/27 No Lawful Obligation Found - Not Accepted for Negotiations: 1992/06/01
One of seven distinct claims. Aishihik - Lot 101: Claims that Notice of New Entry in Reserve General register (for residential purposes) set apart the lands as a reserve within the meaning of the Indian Act, de Facto. Page 322 of 326 Report as of 2011/07/04 Status Report on Specific Claims
YUKON (25)
Claimant & Claim Name Current Status & Description Key Date(s) Canyon Creek Concluded - Research Start Date : 1995/04/01 No Lawful Obligation Found - Date Legal Opinion Signed: 2005/10/18 - Not Accepted for Negotiations: 2006/10/27 Alleged Lots 1014 and 1015, Canyon Creek, Yukon should have been recognized as Indian Reserves under the Indian Act.
Champagne - Lot 1004 Concluded - Date Legal Opinion Signed: 1992/04/27 No Lawful Obligation Found - Not Accepted for Negotiations: 1992/06/01
One of seven distinct claims. Champagne - Lot 1004 claims that a letter from Northern Economic Dev. Branch (DIA) to Dept. Secretariat (DIA) and by approval of DIA Assistant Deputy Minister, a reserve within the meaning of the Indian Act was de Facto set apart.
Champagne I.R. No. 12 - Lot 4 Settled - Date Legal Opinion Signed: 1992/04/27 Settled Through Negotiations - Canada Offered to Negotiate: 1992/05/22 - Settlement Signed by Claimant: 1993/03/08 Failure to set aside land as a reserve in 1929. - Settlement Signed by Canada: 1993/03/22
Haines Junction - Lot 30 Settled - Date Legal Opinion Signed: 1992/04/27 Settled Through Negotiations - Canada Offered to Negotiate: 1996/01/31 - Settlement Signed by Claimant: 1997/09/25 One of seven distinct claims. Haines Junction - - Settlement Signed by Canada: 1998/03/31 Lot 30 claims that a letter of confirmation from the Assistant Director, Northern Affairs to Director, Indian Affairs in 1958 and survey in 1958, set apart (de facto) a reserve within the meaning of the Indian Act.
Kloo Lake Concluded - Date Legal Opinion Signed: 1992/04/27 No Lawful Obligation Found - Not Accepted for Negotiations: 1992/06/01
One of seven distinct claims. Kloo Lake: Claims Notice of New Entry in Yukon Land Records in the name of DIA in 1986, set apart (de Facto) a reserve within the meaning of the Indian Act. Page 323 of 326 Report as of 2011/07/04 Status Report on Specific Claims
YUKON (25)
Claimant & Claim Name Current Status & Description Key Date(s) Klukshu - Lot 22 Settled - Date Legal Opinion Signed: 1992/04/27 Settled Through Negotiations - Canada Offered to Negotiate: 1993/11/12 - Settlement Signed by Claimant: 1997/09/25 One of seven distinct claims. Klukshu - Lot 22: - Settlement Signed by Canada: 1998/03/31 Claims that 'lands set aside' in 1955 created (de Facto) a reserve within the meaning of the Indian Act.
Klukshu Environmental Under Assessment - Date Claim Filed: 2008/10/16 Legal Opinion Signed - Date Legal Opinion Signed: 2011/06/13
This claim was spun off in December, 1995 from the Klukshu Lot 22 Land Aspect Claim. The claim concerns herbicide spraying on reserve, and oil pipeline spills.
Kluane First Nation (BAND-503) Burwash Landing Settled - Research Start Date : 1993/04/15 Settled Through Negotiations - Date Legal Opinion Signed: 1995/05/25 - Canada Offered to Negotiate: 1995/07/15 Alleged the FN's Burwash Landing land should be - Settlement Signed by Claimant: 1996/10/06 formally recognized as a reserve. - Settlement Signed by Canada: 1996/10/07
Kluane National Park Reserve Concluded - Date Legal Opinion Signed: 1999/03/05 Resolved Through Administrative Remedy - Not Accepted for Negotiations: 1999/03/25 - Date of ISCC Process/Active: 1999/10/27 Alleged creation of Kluane National Park Reserve - Date Referred for Admin. Remedy : 2004/02/02 interfered with its hunting and other traditional permits and constituted an illegal disposition of indian land.
Kwanlin Dun First Nation (BAND-500) Whitehorse I.R. #8 Concluded - Not Accepted for Negotiations: 1994/06/13 File Closed - Date Legal Opinion Signed: 1995/01/13 - Canada Offered to Negotiate: 1995/01/14 Alleged failure to declare I.R. No. 8 as a 'reserve' - Date Litigation Became Active : 1997/02/12 within the meaning of the Indian Act, and wrongful - File Closed: 2003/09/16 alienation of parts of the reserve to third parties.
Little Salmon/Carmacks First Nation (BAND-492) Page 324 of 326 Report as of 2011/07/04 Status Report on Specific Claims
YUKON (25)
Claimant & Claim Name Current Status & Description Key Date(s) Little Salmon/Carmacks IR #10 Concluded - Research Start Date : 1997/11/01 No Lawful Obligation Found - Date Legal Opinion Signed: 2006/07/17 - Not Accepted for Negotiations: 2007/07/11 The FN asserts that Canada breached a lawful obligation to the FN by failing to confirm a certain parcel of land, known as Little Salmon Indian River IR# 10 and legally described as Lot 3, Group 904, yukon Territory ("Lot 3"), as a reserve within the meaning of the Indian Act.
Lots 48 - 49 & 125 - Group 903 Concluded - Research Start Date : 1997/11/01 No Lawful Obligation Found - Date Legal Opinion Signed: 2006/07/27 - Not Accepted for Negotiations: 2007/07/11 Alleged Federal Crown breached its fiduciary duty to the FN when it refrained from confirming Lots 48 and 125 as reserves within the meaning of the Indian Act, and when it failed to protect and recover the FN's interest in Lot 49
Selkirk First Nation (BAND-498) I.R. #7 Concluded - Research Start Date : 1997/11/01 No Lawful Obligation Found - Date Legal Opinion Signed: 2006/09/25 - Not Accepted for Negotiations: 2007/07/11 Alleged Federal Crown breached its fiduciary duty to the FN when it failed to secure the lands set aside at I.R. #7, Minto and Pelly Crossing, as reserve lands for the FN, within the meaning of the Indian Act.
Teslin Tlingit Council (BAND-499) Lots 7 & 28 Concluded - Research Start Date : 1994/01/24 No Lawful Obligation Found - Date Legal Opinion Signed: 1994/02/25 - Not Accepted for Negotiations: 1994/03/14 Alleged Lots 7 and 28 should have been designated 'reserves' within the meaning of the Indian Act. Page 325 of 326 Report as of 2011/07/04 Status Report on Specific Claims
YUKON (25)
Claimant & Claim Name Current Status & Description Key Date(s) Surrender Settled - Date Legal Opinion Signed: 1985/03/08 Settled Through Negotiations - Canada Offered to Negotiate: 1985/06/27 - Settlement Signed by Claimant: 1989/12/21 Alleged reserve land was never lawfully - Settlement Signed by Canada: 1990/09/28 surrendered or taken under legal authority and was taken without compensation or band support.
Tr'ondëk Hwëch'in (BAND-494) 58 Lots Concluded - Research Start Date : 1993/09/07 File Closed - Date Legal Opinion Signed: 1994/07/13 - Not Accepted for Negotiations: 1994/08/02 Failure to set apart 58 lots as reserves. - Date Litigation Became Active : 1994/11/15 - File Closed: 2002/12/11
Alienation - Church Lands Settled - Research Start Date : 1991/04/09 Settled Through Negotiations - Date Legal Opinion Signed: 1991/08/22 - Canada Offered to Negotiate: 1992/03/10 Alienation of 5 acres of reserve for Church. - Settlement Signed by Canada: 1995/03/30 - Settlement Signed by Claimant: 1995/07/11
Moosehide Creek 2B Settled - Date Legal Opinion Signed: 1991/10/28 Settled Through Negotiations - Settlement Signed by Claimant: 1992/09/17 - Settlement Signed by Canada: 1992/12/02 Failure to set apart Moosehide Creek 2B as a reserve pursuant to terms of surrender.
Vuntut Gwitchin First Nation (BAND-496) Rampart House Concluded - Research Start Date : 1995/02/27 No Lawful Obligation Found - Date Legal Opinion Signed: 2005/01/05 - Not Accepted for Negotiations: 2005/11/14 Alleged Canada breached its lawful obligation to the FN by not recognizing Rampart House as an Indian reserve within the meaning of the Indian Act.
White River First Nation (BAND-506) Page 326 of 326 Report as of 2011/07/04 Status Report on Specific Claims
YUKON (25)
Claimant & Claim Name Current Status & Description Key Date(s) Lot 30 - Haines Junction Concluded - Research Start Date : 1995/12/04 No Lawful Obligation Found - Date Litigation Became Active : 2001/10/22 - Date Legal Opinion Signed: 2005/03/11 Claimant alleges the transfer of Haines Junction - Not Accepted for Negotiations: 2005/11/14 (Lot 30) by Canada to the CAFN was in breach of its lawful obligation to the claimant.