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Indian Specific Claims Commission

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Section IV – Other Items of Interest

List of All ISCC Concluded Inquiries and Mediations

This table updates readers on the status of claims for which the Indian Specific Claims Commission has completed its inquiry or mediation activities. For all the claims listed below, an inquiry or mediation report has been published and is available at http://www.indianclaims.ca/publications/claimsreports-en.asp.

The table tracks the progress of each claim through the specific claims process once the ISCC has completed its inquiry or mediation/facilitation services.

The first column lists the name of the First Nation and the type or title of the specific claim it brought to the ISCC for inquiry or mediation/facilitation. This information is followed by the outcome of the ISCC's inquiry or its mediation activities. The next column contains the date of the ISCC's report, which is followed by a column containing the date of Canada's response to ISCC's recommendation(s). The nature of that response and any settlement information available are also found in the last column.

Name of First Nation, and Province Type or title of claim Outcome	Date and Type of ISCC Report	Canada’s Response
1 Alexis, AB TransAlta Utilities rights of way Recommended claim be accepted for negotiation	Inquiry March 2003	In July 2005, government rejected recommendations, stating that a lump sum payment was adequate cmpensation, that there was no duty to advise the First Nation respecting its taxation powers, and that informed consent to the expropriation was not required.
2 Athabasca Chipewyan, AB W.A.C. Bennett Dam and damage to IR 201 Recommended claim be accepted for negotiation	Inquiry March 1998	In April 2001, government rejected recommendations made in March 1998: "Canada did not have a fiduciary duty to protect Reserve No. 201 against damage caused by construction and the operation of the Bennett Dam by a third party. Canada did not have the duty to invoke the provisions of the Navigable Waters Protection Act to stop the construction of the Bennett Dam or dispose of it once it was built. Furthermore, Canada did not have an obligation on the basis of Treaty No. 8 to ensure that the reserve would be protected from any damage resulting from the construction and operation of the Bennett Dam."
3 Athabasca Denesuline, SK Treaty harvesting rights 1993 report recommended negotiation outside specific claims process. 1995 supplementary report noted failure of negotiations; recommended government recognize treaty rights or provide litigation funding.	Inquiry December 1993 Supplemen- tary report November 1995	In August 1994, government accepted recommendations made in December 1993 report. November 1995 supplementary report acknowledged; no further response.
4 Betsiamites Band, QC Highway 138 Accepted with assistance of Commission	Inquiry March 2005	In January 2004, government accepted claim for negotiation while inquiry underway.
5 Betsiamites Band, QC Rivière Betsiamites Bridge Accepted with assistance of Commission	Inquiry March 2005	In January 2004, government accepted claim for negotiation while inquiry underway.
6 Bigstone Cree Nation, AB Treaty land entitlement Accepted with assistance of Commission	Inquiry March 2000	In October 1998, government accepted claim for negotiation.
7 Blood Tribe/Kainaiwa, AB 1889 Akers surrender Accepted with assistance of Commission	Inquiry June 1999	In April 1998, government accepted claim for negotiation.
8 Blood Tribe/Kainaiwa, AB Akers surrender Settled with assistance of Commission	Mediation August 2005	In September 2003, claim settled for $3.55 million in compensation.
9 Blueberry River and Doig River, BC Highway right of way IR 172 Accepted while inquiry underway	Inquiry March 2006	In September 2004, government accepted claim for negotiation while inquiry underway.
10 Buffalo River, SK Primrose Lake Air Weapons Range II - loss of commercial and treaty harvesting rights Recommended part of claim be accepted for negotiations	Inquiry September 1995	In March 2002, government rejected recommendations stating: "[C]ompensation for commercial harvesting rights was not based on either Indian status or membership in an Indian Band; rather, it was to be paid to anyone who held a licence on the land which became the Primrose Lake Air Weapons Range."
11 Canoe Lake, SK Primrose Lake Air Weapons Range - breach of treaty and fiduciary obligations Recommended claim be accepted for negotiation	Inquiry August 1993	In June 1997, claim settled for $13,412,333 in federal compensation and a requirement that the First Nation purchase between 2,786 hectares and 20,224 hectares of land.
12 Canupawakpa Dakota, MB Turtle Mountain surrender Recommended claim not be accepted, but recommended Canada and the First Nation work together to acquire and properly designate the burial sites	Inquiry July 2003	Report acknowledged October 2003.
13 Carry the Kettle, SK Cypress Hills Recommended claim not be accepted, but, pursuant to supplementary mandate, recommended government recognize the Carry the Kettle First Nation's historical connection to the Cypress Hills and restore to the Assiniboine people their connection to the territory	Inquiry July 2000	Rejected in January 2001. Government agreed with the Commission's conclusion that the claim did not disclose a lawful obligation on the part of the government under the Specific Claims Policy. The government rejected the Commission's recommendation to restore to the Assiniboine people their connection to the territory.
14 Chippewa Tri-Council, ON Coldwater-Narrows reservation surrender Accepted with assistance of Commission	Inquiry March 2003	In July 2002, government accepted claim for negotiation while inquiry underway.
15 Chippewa Tri-Council, ON Collins Treaty Accepted with assistance of Commission	Inquiry March 1998	In December 1998, claim settled for $565,000 in federal compensation.
16 Chippewas of Kettle and Stony Point, ON 1927 surrender Recommended claim be accepted for negotiation	Inquiry March 1997	No response from government. In 1998, the Supreme Court of Canada rendered its decision in the First Nation's appeal of the Ontario Court of Appeal's finding that the surrender was valid. The Supreme Court of Canada upheld the reasons of the lower court to find the surrender valid.
17 Chippewas of the Thames, ON Clench defalcation Accepted with assistance of Commission	Inquiry March 2002	In June 2001, government accepted claim for negotiation while inquiry underway.
18 Chippewas of the Thames, ON Clench defalcation Settled with assistance of Commission	Mediation August 2005	In November 2004, claim settled for $15 million in federal compensation.
19 Chippewas of the Thames, ON Muncey land inquiry Settled with assistance of Commission	Inquiry December 1994	In January 1995, claim settled for $5,406,905 in federal compensation.
20 Cold Lake, AB Primrose Lake Air Weapons Range - breach of treaty and fiduciary obligations Recommended claim be accepted for negotiation	Inquiry August 1993	In March 2002, claim settled for $25.5 million in federal compensation.
21 Cowessess, SK 1907 surrender Recommended the portion of IR 73 surrendered in 1907 be accepted for negotiation	Inquiry March 2001	In March 2002, government rejected recommendation, disagreeing with finding of number of voters present and with interpretation of "majority," but will proceed to phase II of this inquiry as previously agreed upon by the parties.
22 Cowessess, SK 1907 surrender - Phase II Split panel: 2 Commissioners recommended claim not be accepted for negotiation on the single issue of fiduciary duty; while 1 Commissioner recommended it be accepted	Inquiry July 2006	No response from government.
23 Cowessess, SK QVIDA flooding claim Recommended claim be accepted for negotiation	Inquiry February 1998	In December 1998, government accepted claim for negotiation.
24 Cumberland House, SK IR 100A Recommended that the claim regarding IR 100A be accepted for negotiation	Inquiry March 2005	No response from government.
25 Duncan's, AB 1928 surrender Majority of claim not recommended for negotiation, however, recommended that the surrender of IR 151E be accepted for negotiation	Inquiry September 1999	In June 2001, government rejected recommendation regarding IR 151E made in September 1999 report, stating: "[T]he Commission did not examine the terms of the proposed lease and, as a result, made no finding that the 1923 lease proposal was either more or less advantageous to the First Nation than a surrender."
26 Eel River Bar, NB Eel River Dam Recommended claim not be accepted for negotiation	Inquiry December 1997	No substantive response from government required.
27 Esketemc, BC IR 15, 17, and 18 Recommended that the disallowance or reduction of IR 15, 17, and 18 be accepted for negotiation	Inquiry November 2001	In June 2005, government rejected recommendation, stating that Canada had no obligation or power to create reserves for the First Nation, and that the Commission's conclusions "are largely premised on findings ... that the First Nation had aboriginal rights and title to the land at issue."
28 Fishing Lake, SK 1907 surrender Accepted with assistance of Commission	Inquiry March 1997	In August 1996, government accepted claim for negotiation while inquiry underway.
29 Fishing Lake, SK 1907 surrender Settled with assistance of Commission	Mediation March 2002	In August 2001, claim settled for $34.5 million in federal compensation.
30 Flying Dust, SK Primrose Lake Air Weapons Range II - loss of commercial and treaty harvesting rights Recommended part of claim be accepted for negotiations	Inquiry September 1995	In March 2002, government rejected recommendations made in September 1995 report, stating: "[C]ompensation for commercial harvesting rights was not based on either Indian status or membership in an Indian Band; rather, it was to be paid to anyone who held a licence on the land which became the Primrose Lake Air Weapons Range."
31 Fort McKay, AB Treaty land entitlement Recommended that government owed outstanding entitlement of 3,815 acres to First Nation	Inquiry December 1995	In April 1998, government accepted claim for negotiation.
32 Friends of the Michel Society, AB 1958 enfranchisement No lawful obligation found, but recommended that government grant special standing to submit specific claims	Inquiry March 1998	In October 2002, government rejected recommendation made in March 1998 report, stating: "Canada has declined to accept the ISCC's recommendation to grant the Friends of the Michel Society special standing to advance specific claims."
33 Gamblers, MB Treaty land entitlement Recommended that outstanding entitlement if any should be based on 1877 date of first survey	Inquiry October 1998	In November 1998, government accepted recommendation.
34 Homalco, BC Aupe IR 6 and 6A - statutory or fiduciary obligation to obtain 80 acres of land from province of BC Part of claim recommended for negotiation re: 10 acres	Inquiry December 1995	In December 1997, government rejected recommendation, stating that, as the lands were not alleged to be reserve lands, the Policy does not apply, and that Canada does not "recognize a general duty to protect traditional Indian lands (as distinct from reserve lands) from the actions of others."
35 James Smith, SK IR 100A Recommended that the lawful obligations that arise from Canada's dispositions of IR 100A be accepted for negotiation	Inquiry March 2005	No response from government.
36 James Smith, SK Chakastaypaysin IR 98 Recommended that the claim be accepted for negotiation	Inquiry March 2005	No response from government.
37 Joseph Bighead, SK Primrose Lake Air Weapons Range II - loss of commercial and treaty harvesting rights Recommended claim not be accepted for negotiation	Inquiry September 1995	No substantive response from government required.
38 Kahkewistahaw, SK Treaty land entitlement Recommended claim not be accepted for negotiation	Inquiry November 1996	No substantive response from government required.
39 Kahkewistahaw, SK 1907 reserve land surrender Recommended claim be accepted for negotiation	Inquiry February 1997	In December 1997, government accepted claim for negotiation.
40 Kahkewistahaw, SK 1907 surrender Settled with assistance of Commission	Mediation February 2003	In November 2002, claim settled for $94.65 million in federal compensation.
41 Kawacatoose, SK Treaty land entitlement Recommended that government owed a shortfall of 8,576 acres to Band, subject to confirming research	Inquiry March 1996	In October 2000, claim settled for $23 million in federal compensation.
42 The Key, SK 1909 surrender Recommended claim not be accepted for negotiation	Inquiry March 2000	No substantive response from government required.
43 Keeseekoowenin, MB 1906 land claim Settled with assistance of Commission	Mediation August 2005	In March 2005, claim settled for $6,999,900 in compensation.
44 Lac La Ronge, SK Treaty land entitlement Recommended claim not be accepted for negotiation	Inquiry March 1996	No substantive response from government required.
45 Lax Kw'alaams, BC Demand for absolute surrender as precondition to settlement Recommended that government exclude Aboriginal rights from the surrender that was to be a condition of the claim settlement	Inquiry June 1994	In December 2001, government rejected recommendations stating "Aboriginal interests were never excluded from any of the appraisals considered during the negotiations ... they cannot be considered to have been excluded from the discussions ... It is legally impossible to exempt Aboriginal interests from the scope of a section 38 surrender without jeopardizing the legal effect of the surrender ..."
46 Long Plain, MB Loss of use of treaty entitlement land Recommended claim be accepted for negotiation	Inquiry February 2000	In November 2005, government accepted claim for negotiation.
47 Lucky Man, SK Treaty land entitlement Recommended further research to establish the proper TLE population	Inquiry March 1997	In May 1997, government accepted recommendation: government research indicated no TLE shortfall; First Nation is reviewing and conducting its own research.
48 Mamaleleqala Qwe'Qwa'Sot'Enox, BC McKenna-McBride applications Recommended claim be accepted for negotiation	Inquiry March 1997	In December 1999, government rejected recommendations, disagreeing with the interpretation of "lawful obligation" in Outstanding Business, and asserting that no fiduciary obligation can exist "in relation to Aboriginal interests in non-reserve lands."
49 Micmacs of Gesgapegiag, QC Pre-Confederation claim to 500-acre island No substantive recommendations made because government agreed to reconsider merits of claim	Inquiry December 1994	In March 1995, government acknowledged receipt of report and advised claim was in abeyance pending outcome of related court case.
50 Mikisew Cree, AB Economic benefits under Treaty 8 Accepted with assistance of Commission	Inquiry March 1997	In December 1996, government accepted claim for negotiation while inquiry underway.
51 Mississaugas of the New Credit, ON Toronto Purchase Accepted with assistance of Commission	Inquiry June 2003	In July 2002, Government accepted claim for negotiation while inquiry underway.
52 Mistawasis, SK 1911, 1917, and 1919 surrenders Accepted with assistance of Commission	Inquiry March 2002	In September 2001, claim settled for $16.3 million in federal compensation.
53 Moose Deer Point, ON Pottawatomi rights Recommended additional research	Inquiry March 1999	In March 2001, government rejected recommendations, stating that the claim submission had already been "fully researched."
54 Moosomin, SK 1909 reserve land surrender Recommended claim be accepted for negotiation	Inquiry March 1997	In December 1997, government accepted claim for negotiation.
55 Moosomin, SK 1909 reserve land surrender Settled with assistance of Commission	Mediation March 2004	In September 2003, claim settled for $41 million in federal compensation.
56 Muscowpetung, SK QVIDA flooding claim Recommended claim be accepted for negotiation	Inquiry February 1998	In December 1998, government accepted claim for negotiation.
57 Nak'azdli, BC Aht-Len-Jees IR 5 Accepted with assistance of Commission	Inquiry March 1996	In January 1996, government accepted claim for negotiation while inquiry underway.
58 'Namgis, BC Cormorant Island Recommended claim be accepted for negotiation	Inquiry March 1996	In May 2001, government rejected recommendation, disagreeing that any fiduciary obligation arose on the facts of this claim.
59 'Namgis, BC McKenna-McBride applications Recommended part of claim be accepted for negotiation	Inquiry February 1997	In December 1999, government rejected recommendation, disagreeing with the interpretation of "lawful obligation" in Outstanding Business and disagreeing that any fiduciary obligation arose on the facts of this claim.
60 Nekaneet, SK Agricultural and other benefits under Treaty 4 Accepted with assistance of Commission	Inquiry March 1999	In October 1998, government accepted claim for negotiation while inquiry underway
61 Ochapowace, SK QVIDA flooding claim Recommended claim be accepted for negotiation	Inquiry February 1998	In December 1998, government accepted claim for negotiation.
62 Pasqua, SK QVIDA flooding claim Recommended claim be accepted for negotiation	Inquiry February 1998	In December 1998, government accepted claim for negotiation.
63 Peepeekisis, SK File Hills Colony Recommended claim be accepted for negotiation	Inquiry March 2004	In June 2006, government rejected recommendation on ground that 1956 court decision which the Commission held was limited to validity of memberships, was applied to all issues in inquiry.
64 Peguis, MB Treaty land entitlement Accepted with assistance of Commission	Inquiry March 2001	In June 1998, government accepted claim for negotiation while inquiry underway.
65 Qu'Appelle Valley Indian Development Authority (Cowessess, Kahkewistahaw, Muscowpetung, Ochapowace, Pasqua, Piapot, Sakimay), SK Flooding claim Mediation unable to resolve issues; separate negotiations ongoing with Cowessess, Muscowpetung, Pasqua	Mediation December 2005	No substantive response from government required.
66 Roseau River Anishinabe, MB Medical aid Recommended claim be accepted for negotiation	Inquiry February 2001	In September 2003, government rejected recommendations, stating that medical aid deductions from the trust fund account were permissible, that no treaty promise of medical aid was made or survived, and that no outstanding lawful obligation exists.
67 Roseau River Anishinabe, MB Treaty land entitlement Settled with assistance of Commission	Mediation March 1996	In March 1996, claim settled for $14 million in federal compensation.
68 Sakimay, SK QVIDA flooding claim Recommended claim be accepted for negotiation	Inquiry February 1998	In December 1998, government accepted claim for negotiation.
69 Standing Buffalo, SK QVIDA flooding claim Recommended claim be accepted for negotiation	Inquiry February 1998	In December 1998, government accepted claim for negotiation.
70 Standing Buffalo, SK QVIDA flooding claim Settled with assistance of Commission	Mediation March 2004	In March 2003, claim settled for $3.6 million in compensation and the ability to acquire up to 640 acres of agricultural land to be set apart as reserve land pursuant to Canada's Additions to Reserves Policy.
71 Sturgeon Lake, SK Red Deer Holdings agricultural lease Accepted with assistance of Commission	Inquiry March 1998	In October 1998, claim settled for $190,000 in federal compensation.
72 Sumas, BC IR 6 railway right of way Recommended claim be accepted for negotiation	Inquiry February 1995	In June 2005, government accepted claim for negotiation.
73 Sumas, BC 1919 surrender of IR 7 Recommended joint research to assess fair market value of surrendered land	Inquiry August 1997	In January 1998, government stated it was willing to explore possibility of joint research to determine if evidence exists for a claim.
74 Taku River Tlingit, BC Wenah specific claim Recommended claim be accepted for negotiation	Inquiry March 2006	No response from government.
75 Thunderchild, SK 1908 surrender Settled with assistance of Commission	Mediation March 2004	In September 2003, claim settled for $53 million in compensation and ability to acquire up to 5,000 acres of land within 15 years to be set apart as a reserve.
76 Touchwood Agency, SK Mismanagement (1920-24) claim Mediation unable to resolve issues, Agency requested ISCC inquiry	Mediation August 2005	No substantive response from government required.
77 Walpole Island, ON Boblo Island Recommended First Nation resubmit its claim under the Comprehensive Claims Policy	Inquiry May 2000	No substantive response from government required.
78 Waterhen Lake, SK Primrose Lake Air Weapons Range II - loss of commercial and treaty harvesting rights Recommended part of claim be accepted for negotiation	Inquiry September 1995	In March 2002, government rejected recommendations made in September 1995 report, stating: "[C]ompensation for commercial harvesting rights was not based on either Indian status or membership in an Indian Band; rather, it was to be paid to anyone who held a licence on the land which became the Primrose Lake Air Weapons Range."
79 Williams Lake, BC Village site Recommended claim be accepted for negotiation	Inquiry March 2006	No response from government.
80 Young Chipeewayan, SK Stoney Knoll IR 107 Recommended that claim not be accepted for negotiation but that further research be undertaken regarding the surrender proceeds	Inquiry December 1994	No substantive response from government required.

List of Current ISCC Inquiries and Mediations

Claims Within Inquiry Process*

Athabasca Chipewayan First Nation [Compensation criteria - agricultural benefits]
Blood Tribe/Kainaiwa [Big claim]
Blueberry River First Nation and Doig River First Nation [Compensation criteria - Highway
right of way - IR 172 claim]
Carry the Kettle First Nation [1905 surrender]
Chippewas of the Thames First Nation [Ontario Hydro right of way]
Esketemc First Nation [Wright's meadow preemption claim]
James Smith Cree Nation [Treaty land entitlement]
Kitselas First Nation [Railway specific claim]
Kluane First Nation [Kluane Game Sanctuary and Kluane National Park Reserve Creation]
Lheidli T'enneh Band [Surrender Fort George IR 1]
Lower Similkameen Indian Band [Victoria, Vancouver and Eastern Railway right of way]
Lucky Man Cree [Treaty land entitlement - Phase II]
Mississaugas of the New Credit [Crawford Purchase]
Mississaugas of the New Credit [Gunshot Treaty]
Muskowekwan First Nation [1910 and 1920 surrenders]
Nadleh Whut'en Indian Band [Lejac School]
Neskonlith, Adams Lake and Little Shuswap Bands [Neskonlith reserve]
Ocean Man First Nation [Treaty land entitlement]
Opaskwayak Cree Nation [Streets and lanes claim]
Pasqua First Nation [1906 surrender]
Paul Indian Band [Kapasawin Townsite claim]
Red Earth and Shoal Lake Cree Nations [Quality of reserve lands (agriculture)]
Roseau River Anishinabe First Nation [1903 surrender]
Sakimay First Nation [Treaty land entitlement shortfall]
Sandy Bay Ojibway First Nation [Treaty land entitlement]
Saulteau First Nation [Treaty land entitlement and land in severalty claims]
Siksika Nation [1909 surrender]
Stanjikoming First Nation [Treaty land entitlement]
Stó:lõ [Douglas reserves]
Sturgeon Lake First Nation [1913 surrender]
Touchwood Agency Tribal Council (Five First Nations) [Mismanagement claim - compensation
criteria]
Treaty 8 Tribal Association (Seven First Nations) [Consolidated annuity claim]
Tsawwassen First Nation [English Bluffs specific claim]
U'mista Cultural Centre [Prohibition of the potlatch]
Whitefish Lake First Nation [Agricultural benefits pursuant to Treaty 8: compensation criteria]
Whitefish Lake First Nation [Agricultural benefits pursuant to Treaty 8: historic claim]
Wolf Lake First Nation [Reserve lands]

*Some of these claims, while still the subject of an ISCC inquiry, are in abeyance.

Claims in Mediation/Facilitation at the ISCC*

Blood Tribe/Kainaiwa [Cattle claim]
Chippewa Tri-Council [Coldwater-Narrows reservation claim]
Cote First Nation [Pilot project]
Cote First Nation [1905-07-13-14 surrenders claim]
Cowessess First Nation [Flooding claim]
Fort William First Nation [Boundary claim]
Fort William First Nation [GTP claim]
Fort William First Nation [Pilot project]
Gordon First Nation [Treaty land entitlement]
Lac Seul First Nation [Flooding claim]
Metepenagiag Mi’kmaq Nation [Hosford Lot and Indian Reserve 7 claim]
Michipicoten First Nation [Pilot project]
Missanabie Cree First Nation [Treaty land entitlement]
Mississaugas of the New Credit First Nation [Toronto Purchase claim]
Mohawk Council of Akwesasne [Dundee claim]
Mohawks of the Bay of Quinte [Culbertson Tract]
Muscowpetung First Nation [Flooding claim]
Muskoday First Nation [Treaty land entitlement]
Nekaneet First Nation [Treaty benefits]
Pasqua First Nation [Flooding claim]
Pasqua First Nation [Treaty land entitlement claim]
Sakimay First Nation [Flooding claim]
Sakimay First Nation [Treaty land entitlement claim]
Siksika Nation [Castle Mountain claim]
Skway First Nation [Schweyey Road claim]
Sturgeon Lake First Nation [Treaty land entitlement]
Wikwemikong Unceded Indian Reserve [41 islands claim]

*Some of these claims, while still the subject of an ISCC mediation, are on hold.

Recent Publications

Since March 2006, the ISCC has released the following four inquiry reports:

1. Blueberry River First Nation and Doig River First Nation (Highway right-of-way
   and Indian Reserve #172;
2. Cowesses First Nation (1907 Surrender – Phase II);
3. Taku River Tlingit First Nation (Wenah Specific Claim); and
4. Williams Lake Indian Band (Village Site).

Each of these reports is available on the ISCC website at: http://www.indianclaims.ca

 

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