Red Earth and Shoal Lake Cree Nations Quality of Reserve Lands Inquiry

Excerpt from Inquiry, Page v-vi:

"Specific Claim - In May 1996, the Red Earth and Shoal Lake Cree Nations jointly submitted a specific claim to the Department of Indian and Northern Affairs Canada, alleging that Canada had breached the terms of Treaty 5 and the 1876 Adhesion by not providing “farming lands”to the Red Earth and Shoal Lake Cree Nations. In June 2004 the First Nations requested that the Indian Claims Commission (ICC) conduct an inquiry into their claim, despite not having received a decision from the Minister on the claim’s validity. The ICC agreed to hold the inquiry on the basis that the claim had been constructively rejected. In April 2005, Canada formally challenged the ICC’s jurisdiction to conduct an inquiry into a claim that had not been rejected by the Minister. Subsequently, the Treaty 8 First Nations of British Columbia sought to intervene in the mandate challenge; this application was denied in December 2005 (see Appendix B to the report). In September 2006 the panel dismissed Canada’s motion on the mandate challenge, ruling that it is within the ICC’s jurisdiction to accept constructively rejected claims for inquiry, and that on the facts of the Red Earth and Shoal Lake First Nations’ claim, the conduct of Canada was tantamount to a rejection of that claim (see Appendix C to the report). Canada applied for judicial review of the ICC’s ruling on jurisdiction (see Appendix D to the report) but withdrew the application following the Minister’s formal rejection of the claim in December 2006. In October 2007, the panel conducted a site visit and community session at the Red Earth and Shoal Lake reserves. Following receipt of the parties’ written submissions, the panel conducted an oral hearing in May 2008, in Saskatoon, to receive the parties’ legal arguments." (v).

"Supplementary Mandate - Despite the panel’s finding that the Crown fulfilled its treaty obligation to provide “farming lands” to the Red Earth and Shoal Lake Cree Nations, the reserves are no longer viable places to grow crops and raise animals due to the increase in water levels. From the Elders’ testimony, the panel is struck by the possibility that the lands have been changed by forces which could not have been anticipated by these Bands or the Crown at the time of treaty and for several decades afterward. Consequently, the panel urges Canada to initiate discussions with the Red Earth and Shoal Lake Cree Nations to find a long-term solution to the problems caused by the condition of their reserve lands." (vi).

Of particular interest, the inquiry includes a history of treaty negotiation and regional conditions leading up to, during, and after reserve lands were selected. A community history which is heavily supplemented with oral testimony from Elders and community members of both Red Earth and Shoal Lake Cree Nations.