Bigstone Cree Nation signs AIP
Bigstone Cree Nation and Indian Affairs and Northern Development sign a historic Agreement-in-Principle in Wabasca, Alberta
By Allan Beaver
Many people traveled many kilometers to witness a historic agreement signed by the Honourable Chuck Strahl, Minister of Indian Affairs and Northern Development and Chief of the Bigstone Cree Nation, Francis Gladue on October 12th.
Dignitaries in attendance included Grand Chief of Treaty 8, Arthur Noskiye, and Province of Alberta MLAs, Mike Cardinal and Pearl Calahasen.
Bigstone Chief Francis Gladue signs TLE Agreement.
The agreement signed will not only bring many benefits to the First Nation located at Wabasca-Desmarais, which is approximately 350 kilometres northeast of Edmonton, AB.
There are four Bigstone Cree Nation (BCN) reserves surround the community of Wabasca-Desmarais; Calling Lake is located 60 kilometres north of Athabasca; Chipewyan Lake is located approximately 250 kilometres north of Wabasca; Peerless Lake is located 240 kilometres north of the Slave Lake; and Trout Lake sits about 10 kilometres away from Peerless Lake.
As of February 1st, 2007, the Bigstone Cree Nation had a population of 6,781 with 2,397 residing on-reserve, 707 live in the isolated communities and 3,677 making home off-reserve.
Bigstone Cree Nation (BCN) signed the adhesion to Treaty 8 on August 14, 1899, and the first lands for the reserve were surveyed in 1913. The size of the reserve should have been based on 51.8 hectares (128 acres) per member.
Minister Chuck Strahl signing the TLE Agreement
In the late 1800s, the Treaty 8 Commission mis-counted a considerable number of First Nations residing north of Bigstone Cree Nation along the Wabasca watershed. These people slowly adhered to the Treaty in the years following and were placed with Bigstone Cree Nation. However, no new reserves were created in the communities where these members were living nor was there enough land provided to Bigstone Cree Nation.
As a result, the First Nation did not receive the quantum of land it should have received and this is the basis for Bigstone Cree Nation’s Treaty Land Entitlement Claim.
In 1925, Bigstone Cree Nation corresponded with Canada and asked for more reserve land. In 1937, BCN made specific requests for reserve lands at Chipewyan, Peerless and Trout Lakes. Canada did not take any action in response to the requests to create reserves in the communities. However, Canada eventually did add some additional reserve lands at Wabasca.
In the 1980s, Bigstone Cree Nation and the communities began comprehensive research into what they believed was a Treaty Land Entitlement (TLE) Claim. Based on the research, Bigstone Cree Nation filed a TLE Claim with the Government of Canada in 1991.
In 1995, Canada rejected the TLE Claim based on an old TLE policy. However, Canada changed its TLE Policy in 1998 and the BCN TLE Claim was accepted for negotiations. Early in 1999, negotiations with the BCN, Canada, and Alberta began.
Alberta is involved in resolving TLE Claims because of its constitutional obligation to Canada under the terms of the 1930 Alberta Natural Resources Act (commonly referred to as the NRTA). The Act obligates the Province to provide unoccupied Crown land based on Canada’s request to fulfill outstanding obligations under Treaty.
Historically, the communities of Peerless and Trout Lake have always considered themselves to be distinct from BCN. In 2002, the BCN and representatives of the four communities agreed to proceed collaboratively and created Bigstone and Communities Negotiating Team. Members from the isolated communities were given the opportunity to appoint or elect three representatives from each of their own communities to participate as part of the BCN Negotiating Team. Since 2002, elected representatives from the communities have been participating at the negotiation table.
In 2003, Canada expanded the BCN TLE mandate to allow for inclusion of community infrastructure costs and new governance mechanisms, including the creation of a new First Nation at Peerless and Trout Lakes. Additionally, during 2006 and 2007, Canada accepted three Ancillary Benefit Claims of the Bigstone Cree Nation and negotiated these in conjunction with the TLE.
The next steps in the negotiation process are to draft a Final Settlement Agreement and Capital Plans, finalize the land selection, engage in further consultations with the communities and then presenting the proposed settlement to a vote by the members of the Bigstone Cree Nation.
Bigstone and the communities will be developing trust agreements, in consultation with their members, to carefully manage the settlement dollars and ensure that it meets the priority needs of the members. The trusts will be designed to protect and grow the settlement assets for the long-term benefit of the members.
Honourable Chuck Strahl, Minister of Indian Affairs and Northern Development, traveled to the northern community of Wabasca-Desmarais. “I’m very pleased to be here representing the Government of Canada as we take the next step in forging a renewed partnership with the Bigstone Cree Nation. Let me begin by thanking Elder Mike Beaver for the prayer, and recognizing all of the Elders with us today. I’m sure that your advice and encouragement helped guide your communities to this agreement-in-principle.
“These negotiations cover a broad range of complex issues. Reaching this Agreement-In-Principle took patience, co-operation and open, forthright communication on the part of all Bigstone Cree communities. You’ve made considerable efforts to keep all your members informed and involved. Congratulations to everyone from the Bigstone Cree Nation on the progress you’ve made, together,” stated Minister Strahl.
“Also thanks are in order to the negotiators on both sides of the table. You had a broad mandate and I know that you put in many long days, and sacrificed time with your own families to help build a brighter future for people here. Your hard work, flexibility and judgment have helped craft a truly unique agreement.”
“Canada’s New Government is committed to making real progress in improving the quality of life in Aboriginal communities. In the past 20 months we have been focusing on innovative, practical measures that address the priorities of Aboriginal people, and that truly make a real difference in their lives. Promises in speeches no longer have a place. We are committed to delivering real, tangible results,” added Minister Strahl.
“Today’s Agreement-In-Principle also settles the land debt of the communities of Calling Lake, Chipewyan Lake, Peerless Lake and Trout Lake through the Treaty Land Entitlement process. Once ratified, this agreement will also help to clarify land and resource ownership and create a positive and stable investment climate for your First Nations and surrounding communities. As well, it—like all successfully negotiated claim settlements—will provide certainty for government, industry and all Canadians”, he added.
“Canada's New Government believes that addressing specific claims is key to improving the lives of people in First Nation communities. First of all, it is simply the right thing to do. And second, resolving specific claims plays a direct role in building healthier, stronger communities. That's why on June 12th of this year Prime Minister Harper announced the Specific Claims Action Plan. And that’s why we're working with First Nations leaders to develop legislation that will put in place the mechanisms for an independent tribunal for the resolution of specific claims”, states the Minister.
Minister Strahl closed off by saying, “you've shown that negotiating in an atmosphere of good faith and mutual respect can yield significant results that balance the rights of all Canadians. So, thank you for working together to reach this important milestone in the process. We look forward to reaching a final agreement and building greater prosperity for all Bigstone Cree communities.”
Chief Francis Gladue has been waiting a long time for this historic day to arrive for his members. With focus from his council and guidance from membership and elders, Gladue knows what he wants for his nation and the people.
The determination to succeed to get an agreement signed by the Federal Government became more clear during the negotiations which finally became a reality on this day.
“Today is a wonderful day for all of us. I would like firstly to welcome the many guests who are in attendance today in the Bigstone Nation and it's territory. Some of you have traveled quite a distance to be here and particularly we are thankful for the presence of Minister Strahl”, stated Chief Gladue.
“Let us all thank God, our Creator for this beautiful day. Not only are we blessed with this magnificent weather but also the accomplishments that have been achieved so far by the negotiation teams of Canada and Alberta working with our Bigstone and Communities Negotiating Team and members of Council”, adds Chief Gladue.
“This event is a celebration and affirmation of the Treaty that our ancestors were party to over one hundred years ago. As we move forward from the Agreement In Principle that we are acknowledging today, we are confident that the many benefits incorporated within this settlement such as; the establishment of the new Peerless/Trout First Nation; new infrastructure and housing; additional lands and compensation; will provide our people with a very hopeful and optimistic future for generations to come.”
Chief Gladue goes on to state, “this agreement has been achieved through cooperation and teamwork, not only within the five communities who comprised the BCNT but also with the governments of Canada and Alberta who participated in this process. Hopefully the lessons we have learned through this process will provide an example of the kind of progress that can be made through respectful and cooperative efforts that ultimately lead to reconciliation.”
Chief Francis Gladue closed off by saying, “there is much to be done to finalize this agreement which must be put before our people for ratification. I support this settlement and look forward to it's successful conclusion within the next few months. Thank you again for being here.”
The membership of the Bigstone Cree Nation will now take some much needed time to absorb the historic and long overdue agreement, and then ratify it. It may take up to one full year before the people come back together and give the go-ahead on this significant milestone in their history.