Inquiry into the Reserve Land Surrender Claim of 1907 of the Kahkewistahaw First Nation

The Commission conducts impartial inquiries when a First Nation disputes rejection of its specific claim by the Minister of Indian Affairs and Northern Development, or when a First Nation disagrees with the compensation criteria to be used by the government in negotiating the settlement of its claim. As well as conducting formal inquiries, the Commission, at the request of the government and a First Nation, provides or arranges such mediation and facilitation services as may in their opinion assist them to reach an agreement with respect to any matter relating to Indian specific claims. This particular Indian Claims Commission dealt with disputes regarding the Kahkewistahaw surrender. Kahkewistahaw has alleged that the surrender obtained by Canada in 1907 was not valid because of the presence of duress, undue influence, and negligent misrepresentation, and because the surrender bargain was unconscionable. The First Nation has also alleged that the surrender was invalid because Canada failed to comply strictly with the requirements of the Indian Act, breached its fiduciary obligation to the First Nation by the manner in which it obtained the surrender, and violated a requirement of Treaty 4 by failing to obtain the consent of all Kahkewistahaw members interested in the reserve.