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Status Report on Specific Claims

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Status Report on Specific Claims 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.
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