By Nigel Maxwell

Tribunal rules in favour of First Nation $40M lawsuit

May 7, 2015 | 1:57 PM

A decision by the Specific Claims Tribunal could be worth $4.2 million dollars for Beardy’s Okemasis First Nation.

The tribunal has ruled the government owes the band compensation for money lost during the Northwest Rebellion of 1885. Bands labelled as disloyal by the government had their annuity money withheld. 

The federal government has 30 days to respond, and could appeal.

“I guess I am not about to do cartwheels until we get the response from the government because this is the government that spends $149 million fighting treaty rights and losing at every turn,” said Chief Rick Gamble from Beardy’s Okemasis First Nation.

Gamble said the money will be split up between band members and band administration.

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“I am cautiously optimistic at this time that things will work out and if things do work out OK it means we will have money in our coffers and we can start addressing our payables, addressing our deficit, and things of this nature,” said Gamble.

Twelve other First Nations in the province could be affected by the decision.  While Beardy’s Okemasis First Nation was the claimant on the lawsuit, the other bands are listed as interveners.

 The other Saskatchewan First Nations affected by this decision 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, and Young Chipewayan.

Lawyer Ron Maurice said he is hoping that the government resolves all claims at once rather than dealing with them individually, adding that would be the honourable thing to do.

Vice-Chief Bobby Cameron has issued a statement on behalf of the Federation of Saskatchewan Indian Nations.

 “After 130 years First Nations who wrongfully had their annuities withheld for alleged participation in the rebellion will finally get justice. This is remarkable news for our Treaty First Nations but there is still considerable work to be done to right the many injustices our people have suffered in other areas like natural resource development and the Natural Resources Transfer Agreement which was unilaterally imposed.  We are committed to undertaking this work.”

FSIN Interim Chief Kimberly Jonathan, who holds the national portfolio for specific claims, said, “this ruling shows the importance of the Specific Claims Tribunal in bringing justice to First Nations in Saskatchewan; and how important it is that the government ensure that there are sufficient judges and resources for the Tribunal to continue to operate.”

Rick Gamble called the tribunal’s decision a victory for treaty rights.

The Department of Aboriginal Affairs and Northern Development Canada issued a statement to paNOW.

“Regarding your request about the next steps following the ruling in favour of Beardy’s & Okemasis First Nations claims tribunal, the Government of Canada is committed to achieving fair and timely resolution for First Nation specific claims.  We are reviewing the Specific Claims Tribunal’s decision in this matter before deciding on next steps.”

nmaxwell@panow.com

On Twitter: @nigelmaxwell