Background

The First Nation originally established itself in the early 1800’s in the Red River valley in and around the area now known as the Parish of St. Peters, in and to the area just north of the present day Town of Selkirk. This area, being prime agricultural land, was occupied and cultivated by Saulteaux and Cree, as well as non-Indians and persons of mixed ancestry – the Metis, at the time that Manitoba entered Confederation under the terms of The Manitoba Act in 1870. Shortly following Confederation, Manitoba began the formal definition of land by so-called “Parish” surveys, including the Parish of St. Peters.

Prior to 1870 when Manitoba entered the Canadian Confederation, Chief Peguis had granted title to land in the area to both Indians and non-Indians. Peguis “deeds”, as they were called, were recognized as valid land grants, as were the properly recorded sale and transfer of these deeds to land. This practice was continued by his son, Mis koo kinew, or Henry Prince, Chief of the First Nation after 1870 when Manitoba entered the Confederation, existed at the time Treaty 1 in 1871 and continued after that date.

Further complications arose due to the fact that by the oral terms of Treaty 1, First Nation members were entitled to privately hold the land they occupied on the date of Treaty – August 3, 1871. This meant that the land occupied by First Nation members was not to be included in the calculation of the amount of common Reserve land to which the First Nation was entitled under the terms of Treaty 1. In addition, non-Indians and Metis claimed a right to land they occupied in the area under the provisions of The Manitoba Act. Finally, Treaty 1 itself provided that the First Nation could select land for reserve occupied by settlers, but that settlers found within the Reserve selected would be dealt with by Canada “so as not to diminish the extent of land allotted to the Indians.”

Unfortunately, Canada failed to explain the various land rights and interests of the First Nation, its members and others when it proceeded to survey and set apart land as St. Peter’s Indian Reserve in 1873. St. Peter’s Indian Reserve was surveyed in 1873/74 without resolving the competing claims to land in the area of the Reserve. Inevitably, competing claims to the land in St. Peter’s Indian Reserve based on aboriginal title, Peguis deeds, occupation under The Manitoba Act and Treaty 1 emerged.

Canada authorized at least two formal inquiries into the disputes and claims in 1885 and 1896. It finally established a Royal Commission in 1906 to be undertaken by Chief Justice Hector Howell of the Manitoba Court of Appeal, the most senior judge in the Province. However, rather than attempting to resolve the claims of the First Nation and protect its interests, Mr. Howell proceeded with a plan to secure or “negotiate” the terms of surrender of the St. Peter’s Indian Reserve. The surrender was allegedly taken by Canada in 1907. It was immediately contested by members of the First Nation in attendance.

In summary, Canada failed to protect the interests of the First Nation. Canada failed to meet its fiduciary and statutory obligations to the First Nations in advancing and accepting the flawed surrender. Constitutionally, Indian interests in land cannot be taken without a full and informed consent of the majority of its members, and Canada is duty bound not to accept a surrender if it is improvident – being not in the interests of the First Nation.