The Governments of Canada and Alberta recently concluded a significant claim settlement with Bigstone Cree Nation. The settlement resolves Treaty Land Entitlement (TLE) and Ancillary Benefits Claims under Treaty 8. A key part of the agreement was the creation of a new band for the communities of Peerless Lake and Trout Lake – the Peerless Trout First Nation. The settlement includes a financial component and new reserve land for the First Nations.
Looking Ahead
This settlement delivers on outstanding treaty promises dating back to the late 1800s. In addition to righting past wrongs, it provides the Bigstone Cree and Peerless Trout First Nation communities with new opportunities, both economically and socially. Adding lands to reserve, particularly those related to TLE, creates opportunities that can help foster a healthier, sustainable future for individual First Nation communities, as well as bring economic benefits to surrounding areas.
At a Glance: The Claims
Treaty Land Entitlement or TLE claims arise when First Nations did not receive all the land promised in a historic treaty. Claims relating to “ancillary benefits” involve treaty promises related to agricultural implements and livestock for First Nation communities.
In this case, the Bigstone Cree Nation adhered to Treaty 8 in 1899. According to the Treaty, the First Nation is entitled to 51.8 hectares (128 acres) of land per person based on the population at the time the reserve was first surveyed.
History of the Negotiations: An Overview
Negotiations to resolve the TLE claim between Bigstone, Canada and Alberta began in early 1999. At that time, Bigstone had five communities – one at its reserve at Wabsaca and four in the isolated communities of Calling Lake, Chipewyan Lake, Peerless Lake and Trout Lake. Historically, the communities of Peerless Lake and Trout Lake considered themselves as distinct and separate from Bigstone. Beginning in 2002, elected representatives from the four isolated communities participated at the negotiation table. During 2006 and 2007, Canada accepted three Ancillary Benefits Claims and negotiated them in conjunction with the TLE.
Recent Milestones
Bigstone Cree Nation members (including members of the isolated communities of Calling Lake, Chipewyan Lake, Peerless Lake and Trout Lake) approved the settlement in a series of votes held between February 22 and March 5, 2010. At the same time, members also approved Trust Agreements developed by the First Nations to set out how the settlement funds will be used and managed for the future benefit of all members. When the votes were counted on March 6, 2010, over 90 percent of the ballots cast were in favour of the Settlement Agreement.
A key part of the settlement was the creation of a new band for the communities of Peerless Lake and Trout Lake. Members of Peerless Trout First Nation were members of Bigstone First Nation but historically always considered themselves as separate and distinct from Bigstone. The Peerless Trout First Nation was officially constituted on May 19, 2010.
The claim settlement was signed by Bigstone Cree Nation on April 1, 2010. As the final steps in the claim resolution process, the settlement was approved by Alberta on July 13, 2010 and Canada approved the agreement on December 13, 2010.
Key Elements of the Settlement
In addition to the creation of the Peerless Trout First Nation, the settlement includes both cash and land. The financial part of the settlement totals $259.4 million. Canada’s total contribution to the settlement is $231.4 million. This includes the following:
- $161.4 million in financial compensation
- $59 million for infrastructure
- $11 million towards negotiation costs
The $59 million is dedicated to improving housing and infrastructure in the communities of Peerless Trout, and Chipewyan Lakes.
Under the settlement, Alberta provides Canada with no less than 56,658 hectares (140,000 acres) of unoccupied provincial Crown land, including mines and minerals, to be set aside as reserves for the Bigstone Cree Nation and the Peerless Trout First Nation pursuant to the Additions to Reserve Policy.
Alberta’s financial contribution to the Settlement Agreement totals $28 million. This includes two schools offering Kindergarten to Grade 6 (one at Peerless Lake and one at Trout Lake), as well as water treatment plants for each of these communities.
In return for compensation, the First Nations provided Canada with a release of the claims to ensure the claims can never be re-opened. Settlements must bring closure and certainty for all concerned.
How does the settlement deal with land issues?
Claim settlements right past wrongs while protecting the interests of private land owners. Land is not taken away from anyone to settle any claims, nor is anyone asked to sell their land unwillingly. First Nation land purchases take place on a willing-buyer/willing-seller basis.
As part of the settlement, new reserves will be created for Peerless Trout First Nation at Peerless and Trout Lakes. In total, approximately 63,000 acres are to be designated as reserve land for the Peerless Trout First Nation.
In addition, 77,000 acres will be designated as new reserves around the three Bigstone communities of Wabasca, Calling Lake and Chipewyan Lake.
A number of steps must be completed before any lands can be given reserve status, as set out in Canada’s Additions to Reserves/New Reserves Policy. These steps include, for example, environmental site assessments and survey work.
The First Nations
Bigstone Cree Nation is located at Wabasca which is 123 kilometres northeast of Slave Lake. Two Bigstone Cree Nation reserves surround the community. Calling Lake is located 60 kilometres north of Athabasca. Chipewyan Lake is located some 250 kilometres north of Wabasca. The Peerless Trout First Nation has two communities. Peerless Lake is located 240 kilometres north of the Slave Lake. Trout Lake is located about 250 kilometres north of Lesser Slake Lake.
Bigstone Cree Nation has a population of 6,727. Of the 6,727, 2,718 live on-reserve, and 4,009 live off-reserve.
The Peerless Trout First Nation has approximately 900 members with 450 living at Peerless Lake and 450 at Trout Lake.
