Peguis Treaty Land Entitlement Agreement

Senator Meredith: Mr. Sutherland, I am concerned about those displaced by the floods. (c) the rebate was merely a campaign grant, i.e. the Reserve of Peguis was received, among other things, in exchange for the St. Peter`s Reserve under the terms of the surrender document itself; and the current ATR policy includes three broad categories of additions: (a) legal obligations, b) Community supplements and (c) new reservations and/or other directives. To simplify the policy, these categories essentially work to limit the supplements to those that meet either the Crown`s strict legal requirements to add land, or to expand the reserve to build public housing or community institutions. In addition, Treaty 1 expressly provided that the First Nation could choose country by reserve, which included land already occupied by “settlers,” settlers, apparently members of the First Nation, occupied the lands chosen prior to the date of the first contract. The studies of St. Peter`s Parish, which contained the riverless and non-Indian settlers and the balance of the common reserve, were completed, but Canada did not clarify the status of the riverless and many disputes broke out over who owned which country. At least two formal commissions have been conducted by Canada and Manitoba to determine the claims of local individuals without resolving competing claims. The ATR Directive is intended for Category C supplements. It is the addition called “new reserves/other policies” that contemplates economic development, namely that the addition “will not be permitted if the economic benefits could be obtained, for the most part, under another form of land ownership, that is, a non-reserve country owned by a First Nation corporation.” From our point of view, economic development should be on reserves, as the framework agreement shows, that it is not the fact that they are 91 (24) or Indian-only countries that are the problem.

The problem is that the legal framework for land management under the Indian Act is wrong.

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