Long Plain First Nation Loss Of Use Claim

On August 3, 1871, the Government of Canada and the Portage Band negotiated Treaty No. 1. Shortly after the treaty there was disagreement to the terms of the treaty. Canada was to provide concessions as promised in the negotiations, such as farm equipment and cattle. The problem was Canada did not want to honor or acknowledge the promises and referred to the promises as outside the treaty. The courts (R.V. Marshal) have recently clarified that extrinsic evidence such as oral promises and negotiation content must be given weight and not just what was written into the treaty document.

The other problem that the Portage Band faced was the location and extent of the reserve land that was to be allotted. The delay was attributed to Canada not providing an undertaking other census as promised upon the completion of the treaty. This delay prevented the Portage Band from receiving the much needed farm implements. Government policy would not allow the distribution of the farm implements unless there was reserve located, defined and confirmed. The promises of farm equipment and land base for our people created division within the band and would eventually cause the break up of the Portage Band.

The Break up of the Portage Band after 100 plus years would still be a contentious issue. It wasn't until 1982 that Canada would admit that it had a lawful obligation to fulfill for not giving Long Plain its full measure of Treaty Land. In 1994 Canada and Long Plain negotiated the Treaty land Settlement Agreement to fulfill the shortfall for 16.5 million dollars. Although Long Plain received a cash settlement in lieu of land we did not receive compensation for the loss of use of the land for over 100 years.

In 1997 there was an inquiry held at the Hotel Fort Garry as to whether Canada owed Long Plain compensation for loss of use. It wasn't until 3 years later in 2000 that the Indian Claims Commission recommended that Canada negotiate Long Plain loss of use for breach of Fiduciary duty.

On November 23, 2005 Canada accepted Long Plain's loss of use claim recommended by the Indian Claims Commission. At present, Canada and Long Plain have ongoing negotiations concerning the claims. As expected Canada has a difference of opinion on legal principles concerning compensation. There is also the matter of rate of development and it comes down to perspective theirs and ours. As negotiations continue any new development information will be provided.

Historical evidence indicates that the Government of Canada had many opportunities to realize that Long Plain did not receive it's full measure of land in 1876. For a period of over twenty years, starting in 1896, settlers and immigrants were intruding Long Plain land. First, there was the Indian Agent who requested that a survey be done on the Long Plain boundaries because of citizens taking timber on or near reserve land. Secondly, Rossendale farmers appealed to the Department of Indian Affairs that the northern boundaries of Long Plain extended further then required in the Treaty.

The observations from the Indian Agent, and Rossendale farmers, led to survey after survey to correct the actual amount of land Long Plain should have received. The interests of Long Plain were not taken into consideration as they (Band) were not consulted; but an agreement had been reached between the farmers and the Department to Indian Affairs.

After many years of surveys, Canada had appeased the farmers and determined that Long Plain did in fact receive too much land in 1876. As a result, Long Plain would lose approximately 200 feet in width from it's north, west and southern boundaries.

Our Long Plain leaders of the time did not realize that when they surrendered their boundary acreage, that they had shortfall acreage owed to them (Band). Canada had the pay-list records at its disposal when they determined that Long Plain had too much land.

Canada has admitted to its lawful obligation in owing Long Plain land, but Canada had never admitted to breaching the Treaty. Canada argues that the shortfall was a mere inadvertence, but the numerous surveys conducted to diminish Reserve lands indicate a concerted effort that would last two decades.

Even if Canada had not diminished the extent of Reserve land the shortfall owing Long Plain would still have remained.