MUSKOWEKWAN FIRST NATION

Muskowekwan's First Nation's                              Claims Against Canada

8/2/2019

14 Comments

 
To: Members of Muskowekwan First Nation 
From: Chief and Council of Muskowekwan First Nation
Date: July 15, 2019

Introduction
The purpose of this Bulletin is to provide membership with a brief factual overview of the four claims our First Nation is currently pursuing through the Specific Claims Process and the Saskatchewan Court of Queen's Bench. Every month, Chief and Council will provide a detailed overview that focuses on one of the Claims discussed in this Bulletin. These regular updates will provide information on both the substance of the the Claims and their procedural status. 
Treaty 4 Agricultural Benefits Claim (1874-Present)
Under the terms of Treaty 4, Canada made a series of promises to signatory bands, including the provision of the following "Agricultural Benefits": hoes, spades, ploughs, harrows, scythes, axes, cross-cut saw, hand saw, pit saw, necessary files, a grindstone and augers, a chest of ordinary carpenter's tools, wheat, barley, potatoes and oats, oxen, a bull, and cows. The Crown was also required to provide instruction in agriculture to assist in the transition to an agricultural economy. In failing to provide the full slate of Agricultural Benefits and assistance, Canada breached Treaty 4, as well as its fiduciary and honourable duties. This Claim will be submitted to the Specific Claims Branch in the coming months. 
Railway Expropriation and Contamination Claim (1906)
In late 1905, the Grand Trunk Pacific Railway Company (GTP) applied to the Department of Indian Affairs to construct its railway line through the Muskowekwan Reserve. By Order in Council dated May 12, 1906, 164.8 acres of the reserve were granted to the GTP for a right of way and station grounds. The Claim alleges the Crown breached its statutory and fiduciary duties to the First Nation in relation to the taking, and further that the Crown breached its fiduciary duty by allowing contamination of reserve lands. This Claim will be submitted to the Specific Claims Branch and filed in the Saskatchewan Court of Queen's Bench.
1910 and 1920 Surrender Claim
Before the GTP was granted a right of way, it had also applied to the Department of Indian Affairs to purchase 640 acres of the Muskowekwan Reserve for a townsite next to its station grounds. On March 7, 1910, Indian Agent William Murison obtained a surrender for sale of approximately 160 acres for a townsite. On October 14, 1920, Commissioner W.M. Graham obtained a second surrender for sale of the eastern three rows of sections of the reserve, totalling 7,485 acres. The Claim alleges the Crown failed to uphold its pre- and post-surrender statutory and fiduciary obligations to the First Nation in relation to both surrenders. This Claim will be filed in the Specific Claims Tribunal in the coming months. 
Mismanagement of Trust Claim
The First Nations comprising the Touchwood Hills Agency - Muskowekwan, Day Star, George Gordon, and Kawacatoose - are advancing a specific claim against Canada for the mismanagement of trust funds held in account of the Touchwood Agency between 1920 and 1924. This Claim will be filed in the Specific Claims Tribunal in the coming months. 
Conclusion
We hope you found this preliminary overview of assistance and look forward to providing ongoing Bulletins on these Claims in the coming weeks. Our legal counsel on these Claims, Maurice Law Barristers & Solicitors, will be attending a series of community meetings in December 2019 to provide in-person updates and answer your questions. 
14 Comments
Wanda
3/12/2021 10:20:54 am

What is happening within these claims, can we please have some kind of update.

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Sara L. Bryant link
5/25/2021 09:18:36 am

Thank you for sharing this information it's really helpfull.

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derrick desjarlais link
6/8/2021 10:17:58 pm

as a band member i would like to advise this chief and council are no longer in power in the muskowekwan first nation as chief and council, there is a new election in process, there term is over, ernest moise councillor has no or any say in anything in the cows and plows muskowekwan settlement..

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Bradley Bruce
7/16/2021 05:42:27 pm

What is going on with our claims they been going on for to long.we got our hopes up in 2010 when they found the pot ash.then nothing has been going on.and now it's our cows and plows where da hell is our settlements going.we want answers now

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Laura sunshine
10/27/2021 10:34:38 pm

Were is our money. Covid took over so now our rights are gone again. I would like our settlement Before i die

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Deja
1/25/2022 04:18:38 pm

We need updates 2022.

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Wanda
1/25/2022 05:08:01 pm

Agreed we need answers

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Russ wolfe
1/27/2022 02:59:12 pm

Our old chief probably got it already and is living it up

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patricia
2/22/2022 12:37:48 pm

keep pressing the chief they have already settled with some reserves. i would like them to ask us for once what we want done with the money. we have never had a pay out... so pay us out don't hold anything back for "economic development " or any other crap that hey present to us... we never see economic development money we never see them build what they promise. some of us would like to build our own equity not put it in some account to be held there until they decide where to spend it or they start pulling it out to pay back their own personal money they spent on "travel" lol.

Pay us out !!! equally!!!!

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Russ wolfe
2/22/2022 10:12:03 pm

I’d call the law firm doing the settlement, actually I encourage everyone who reads this to do so, it’s your money why not ask in what process are there at with this, clearly posting here won’t help but treaty 8 & 6 north of 40k per member with more members should be a bigger payout for our reserve North of 50k each would be my guess. As long as Chief and council don’t try to dig to deep

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Russ Wolfe
2/22/2022 10:14:48 pm

Maurice Law Barristers & Solicitors
300, 602–12th Ave SW Calgary, Alberta T2R 1J3 Phone: (403) 266-1201
Fax: (403) 266-2701
Email: scarey@mauricelaw.com
abarrington@mauricelaw.com

Call them or email get your answers. Your from the reserve don’t rely on second hand information

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Sue LeJoure
3/20/2022 03:51:54 pm

Any update ??

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Joseph C Manitopyes
4/14/2022 10:34:37 am

I’d like to know also where the Cows and Plows is coming or went to ?

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Jacqueline severight link
4/24/2022 09:31:42 pm

We the urban who can not be bought out seem to ignored while the council grease their pockets we need another internal investigation against the greed an corruption

Reply



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