Specific Claims Tribunal to make historic compensation ruling
- | April 07, 2016
The Federation of Saskatchewan Indian Nations Executive supports the Beardy’s and Okemasis First Nation as the band continues to protect treaty rights during next week’s Specific Claims Tribunal that will decide compensation for a claim stemming from the 1885 Riel Resistance. In May 2015, the Specific Claims Tribunal ruled the Crown breached its lawful obligation to pay Treaty annuities to the Beardy’s and Okemasis First Nations. The compensation hearing is scheduled for April 11th, 12th, and 13th, 2016, at the Wanuskewin Heritage Centre, Saskatoon, Saskatchewan.
“The validation of our claim reinforces Treaties and Treaty rights made between the Crown and the First Nations. These agreements are not merely simple promises, but rather they are binding Treaties which are recognized not only in the courts, but also within administrative tribunals, such as this one,” said Beardy’s and Okemasis Chief Rick Gamble “The Beardy’s & Okemasis First Nations are delighted that our claim was validated, and look forward to the long-awaited resolution to this claim”.
In the aftermath of the 1885 Riel Resistance, the government identified 14 First Nations in Saskatchewan as rebel bands for their alleged participation in the resistance. As punishment, the government withheld annuities from all band members who were labelled “rebel Indians” – including every man, woman, and child, some of whom could not have possibly participated in any way in the Rebellion.
The government also confiscated guns, ammunition, horses, cattle, carts, wagons, harness, and Treaty medals from these First Nations while strictly enforcing a pass system, which restricted Indians from leaving their reserves without permission. In addition, the government did not allow the Beardy’s and Okemasis First Nation people to have a Chief and Council until 1936.
“The specific claim by the Beardy’s and Okemasis First Nation is about the implementation and the protection of Treaty promises that were made when Chief Beardy and Chief Cut Nose (the predecessor to Chief Okemais) entered into Treaty,” said FSIN Chief Bobby Cameron. “The people of Beardy’s and Okemasis paid a huge price when they were falsely accused of participating in the resistance. They were held captives and deprived of their rights according to Treaty. The Tribunal’s decision will set a precedent for the other First Nations who experienced similar treatment and have specific claims with the government.”
Canada withheld Treaty payments from 1885 to 1888 to every man, woman, and child from 13 other First Nations in Saskatchewan that include: Chakastaypasin, Little Pine, Lucky Man, Moosomin,
Mosquito/Grizzly Bear’s Head/Lean Man, Muskeg Lake, One Arrow, Onion Lake, Poundmaker, Red Pheasant, Sweetgrass, Thunderchild, Young Chipewayan.
The Specific Claims Tribunal is composed of Superior Court Judges with the power to make binding decisions on liability and compensation for specific claims. The Beardy’s and Okemasis hearing is the first time the Specific Claims Tribunal will rule on compensation since the Specific Claims Tribunal Act came into law in 2008.
“The impact of this ruling will not just bring justice for the 14 First Nations in Saskatchewan who had their annuities wrongfully withheld but could set an important precedent for other claimants not just in Saskatchewan but across the country,” said FSIN Vice Chief E. Dutch Lerat . “This is the first time we will see how the Tribunal rules on bringing historical losses forward to current day value.”
The FSIN represents 74 First Nations in Saskatchewan. The Federation is committed to honouring the spirit and intent of the Treaties, as well as the promotion, protection and implementation of the Treaty promises that were made more than a century ago.