MISTAWASIS LANDS PROGRAM – Activity report for December 2013
Treaty Land Entitlement (TLE)
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Mistawasis - Canada – Saskatchewan are negotiating a settlement based on 1992 Framework Agreement
NOTE: There is no official settlement to-date. One issue we are negotiating is the adjusted price per acre. The
1992 Framework Agreement is based on $262.00 per acre. Mistawasis, Canada and Saskatchewan agreed in
principal to a $424 price per acre. Canada is now reconsidering this amount
Chief Watson met with Minister of AANDC. Chief Watson discussed the issues we are having with the
Government’s lack of movement on our TLE. Major issue is the mandate Government needs from parliament to
move on the price per acre.
Minister requested that we send an update to his Legal Advisor and Assistant. We sent notes of the common
table meeting held on August 22, 2013 in Saskatoon with Ahtahkakoop and Sakimay.
Mistawasis received a letter from FSIN Chief Perry Bellegarde Sept. 26, 2013, indicating that he has requested a
meeting with AANDC Minister Bernard Valcourt to discuss the issue of price per acre. AANDC has advised that
they hope have a response by December 2013.
We will continue to follow up with the Minister of AANDC office in October 2013.
One of the conditions of the TLE Settlement is that a Trust will have to be established. The Chief and Council are
discussing whether to have a Corporate Trustee or Band Trustee similar to the Specific Claims Trust. Council
heard presentations from seven (7) financial institutions who gave pros and cons of a Corporate Trustee
structure. Institutions that gave presentations were: Bank of Montreal, CIBC, Royal Bank, Scotia Bank, Cidel Trust
Company, T.E. Wealth, and Peace Hills Trust. No decision will be made until a settlement is reached between
Mistawasis, Canada and the Province.
A joint meeting with Sakimay, Atahkahkoop and Mistawasis is set for Dec. 09, 2013 in Ottawa. The meeting will
be with Deputy Minister of AANDC and Kevin Nixon the Federal Negotiator. The major issue is the price per acre.
Council will have an update in the new year.
Note: Current addresses of Members 18 years and older are needed so we can send information and ballots once the TLE is
settled. Membership have to vote on the TLE Settlement Agreement. (Emails would be acceptable; we can send electronic copies
of information.)
Certificate of Possession (CP) Court case Issue
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This is a court case against Canada. Mistawasis filed a claim against Canada saying that it was wrong to issue CPs
to individual members.
Mistawasis is using Treaty 6 for the basis of our claim. Land was set aside for use and benefit of all members
NOTE: the claim is not against the members who currently hold CPs. They were issued CPs based on the Indian
Act.
We have secured funding from FSIN Treaty Protection Fund to conduct research. Joan Holmes & Associates have
being hired by FSIN to do research on our behalf.
Chief and Council met with researcher Alison Gale and legal advisor Jim Jodouin on August 23, 2013 to review
questions that will be used in the interview process. Alison met with Elders at Health clinic to introduce herself
and to give Elders an overview as to the purpose and process of the interviews.
Alison interviewed the following individuals: Virginia Pechawis, Leona Daniels, Phillip Ledoux, John Watson,
Edwin Ledoux, Daryl Watson, Lillian Watson, Elmer Ledoux, Bev Wise, Norma Johnstone, Pat Johnstone, Lorna
Morisette, Cecile Watson and William Duquette.
The interviews were coordinated by Calvin Sand.
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Alison will provide a report to FSIN and to Mistawasis. This report will become part of our submission to AANDC
for a Specific Claim against the Canada.
First Nation Land Management Act submission (FNLMA)
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Application was submitted AANDC on July 08, 2013
Chief invited to a meeting on September 19, 2013 in Vancouver to meet with Minister of AANDC. It was officially
announced at this meeting that Mistawasis was accepted as a member of the FNLMA. There were 28 new
entrants into the FNLMA (3 from Saskatchewan)
Chief Robert Louie (Chairman of Lands Advisory Board) sent a letter by fax on Sept. 30, 2013 stating that
Mistawasis will be an official signatory to the FNLMA. They will advise Chief Watson when and where the signing
ceremony will take place.
FNLMA would give Mistawasis more control over their lands. This would assist in the implementation of
economic ventures.
A requirement of FNLMA is that Mistawasis develop a Land Code that must be presented to membership and
the Land Code has to be approved by a membership vote.
One of the conditions of the FNLMA is that the Chief and Council establish a committee to assist and advise
Council on land related matters. Chief and Council have authorized the implementation of a Lands Advisory
Committee comprised of five (5) Band Members)
Chief and Council received a written reply from Canada stating that an official FNLMA signing ceremony will take
place March 2014.
Dec. 12, 2013 – Chief Watson officially signed the FNLMA with Bernard Valcourt Minister of AANDC.
Councillor Greg Pechawis, Chief Daryl Watson and AANDCMinister Bernard Valcourt.
FNLMA signing ceremony held in Ottawa Dec. 12, 2013
Note: current addresses of Members 18 years and over are needed so we can send out information and ballots once the Land Code
is developed. Membership will have to vote on the Land Code. (Emails would be acceptable; we can send electronic copies of
information.)
Designation of Reserve Lands
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First Nations (such as “Whitecap Dakota First Nation”) that have business ventures are reserves that went
through the designations process.
A designation allows for long term leasing for economic ventures. These ventures can be with a First Nation
entity or with a Non-First Nation entity.
A designation provides security to a lending agency or business partner to invest money in a business located on
Reserve Lands. (This is done through a long term lease under the Indian Act.
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The primary and specific purpose of this designation is to lease lands for commercial, recreational, cultural,
residential, agricultural and light industrial purposes to a “First Nation Entity” or to any other entity approved by
the First Nation Band Council. A “First Nation Entity” is a separate legal entity from the First Nation, and is a
corporation, limited partnership, or other entity 100% owned and controlled by the Mistawasis First Nation. This
gives future Band Councils the flexibility to develop these lands appropriately.
All designations must be approved by a membership vote.
Two types of designation votes being conducted one for reserve land and one for land that has not reached
reserve status yet:
o The first is a designation vote and is conducted under the Indian Act
o The second is called a “pre-reserve designation”vote and is used when land has not yet being set aside
as reserve and is done under the Claim Settlements(Alberta and Sask.) Implementation Act, R.S.C. 2002
c.3.
BCR # 2013/14-035 was signed by Council requesting that the following parcels of lands be designated for
leasing purposes under the Indian Act:
o Designate Reserve No. 103A; (Lucier purchase)
o Designate Reserve No. 103C; (Galloway purchase)
o Designate Reserve No. 103D; (Crown Lands purchase bordering west side of Main Reserve)
o Pre-Designate Parcel LSD 7 Sec. 34 - Twp. 38 – Rge. 6 – W3M Extension 91(Dalmeny purchase)
o Pre-Designate Parcel LSD 8 Sec. 34 – Twp. 38 - Rge. 6 – W3M Extension 92 (Dalmeny purchase)
o Pre-Designate West ½ - Sec. 25 – Twp. 47 – Rge. 6 – W3M (Toth home property purchase)
Department of Justice (DOJ) is reviewing final version of Designation Documents. A final review of the
documents will take place Nov. 22, 2013.
Dates for membership information sessions and voting date will be set once DOJ approves designation
documents.
Designation Vote is set for February 5, 2014. Information packages will be mailed out in mid December.
Mail-out of Designation Documents will be done by AANDC on Dec. 12, 2013. Note: there are 1,734 eligible
voters.
Thanks to Tonii Black, Mitchell Daniels and Gail Lafond to assisting AANDC staff if preparing and inserting
the mail out information for the Designation vote scheduled for Feb. 05, 2014
Note: current addresses of Members 18 years and over are needed so we can send out information and ballots once the
Designation Documents are developed. Membership will have to vote on the Designation Documents. (Emails would be
acceptable; we can send electronic copies of information)
Testing of Lakes
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STC health environmental officer Bryce Graham has conducted water quality testing of our lakes.
Testing was done at Camp Big Child, Lake, The Bay, Elmers lake and 3 other locations.
A written report was submitted to Chief and Council by STC. The report stated that the lakes are safe for
recreational use.
Reports were posted at Band Office, Clinic, School and store.
Treaty 6 Medal
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We contacted Province of Alberta requesting the return of Treaty 6 Medal that was presented to Chief
Mistawasis at the signing of Treaty.
Province of Alberta has acknowledged that the Medal is at the Glenbow Museum in Calgary
Province of Alberta will be contacting the Glenbow Museum regarding the return of the Medal.
We requested the Province of Albert to provide a written history of how the Treaty 6 Medal ended up in the
Glenbow Museum.
We will advise Council of the progress once we hear from Province of Alberta on what the next step will be to
recover the Treaty 6 Medal.
We’ve being advised by the Glenbow Museum that we can pick the Treaty 6 Medal up on January 8, 2013.
Other issues:
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Report from Council Members and Band Members that housing contractors are dumping used materials on
different locations around the reserve. Advised Public Works. Suggest that Public Works makes arrangements to
have these materials picked up and taking to transfer station. Also, suggest that future construction contracts
have a clause that all job sites be cleaned and that waste material be hauled to the transfer station.
Canadian Western Agribition was held in Regina on Nov. 14th & 15th. This was attended by the Grade 6 Class for
CMES. This conference stressed the importance of First Nations involvement in agricultural industry. The Grade
6 class took part in various agricultural related activities
Outfitting: Misty Lakes Outfitting has being granted approval, by BCR, to operate an outfitting business on the
new lands on west boundary of Reserve. Misty Lakes Outfitting is registered under Kevin Ledoux. Some
conditions are:
o One month period (Nov. 01, 2013 to Nov. 30, 2013 and Nov. 01, 2014 to Nov. 30, 2014)
o Valid insurance shall be in place prior to Nov. 01, 2013 and Nov. 01, 2014
o Misty Lake shall purchase a hunting tag ($300/tag) from Mistawasis Band Office prior to bringing any
hunters on to the lands- tags will be managed and controlled by the Land Manager
o Any meats not used by Misty Lakes Outfitting shall be given to Band Members free of charge
o Any conditions that Misty Lakes Outfitting fails to comply with will make the BCR null and void.
Note: As of December 01, 2013 the Lands Department has not issued any hunting tags to Misty Lakes Outfitting.
Once again we need current postal addresses or email addresses of membership 18 years and over so information can
be sent out.
Report prepared by: Harold Daniels - Mistawasis Land Manager
Box 250 Leask, Sask. S0J 1M0
1-306-466-4800 Ext. 231
Email: [email protected]