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In
1993, the Nishnawbe-Aski
Nation submitted a specific claim on behalf of the
Missanabie Cree First Nation
to the Department of Indian Affairs under Canada’s
Specific Claims Policy alleging an outstanding Treaty Land
Entitlement (“TLE”). This claim is based on the failure of
the Crown to set apart reserve land for the
Missanabie Cree First Nation
in 1906 in accordance with the provisions of Treaty 9
entered into between the Government of Canada, the
Province of Ontario and various Cree and
Ojibway First Nations in the
James Bay watershed in 1905 and 1906. |
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The
Missanabie Cree First Nation (“the
First Nation”) is a distinct group of the
Mushkegowuk Cree whose traditional territory is
centred in and around
Missinaibi
Lake, Dog Lake, and
Wabatongushi
Lake. The Missanabie Cree have
used and occupied the lands and rich resources in this area
since time immemorial to the present to hunt, fish and trap
for food and ceremonial purposes and to provide for the
cultural, spiritual and economic well-being of their people.
Under the
terms of Treaty 9, the Crown promised to set apart reserves
for each band based on one square mile of reserve land per
family of five or 128 acres per person. As a result of the
failure to set apart land for the First Nation based on its
population of 101 members in 1906, the First Nation suffered
substantial damages as a result of the Crown’s failure to set
apart any reserve land for the Missanabie
Cree from 1906 to the present.
On
September 6, 1996, Canada formally accepted the TLE for
negotiation under the Specific Claims Policy on the basis that
it has an outstanding lawful obligation to provide reserve
land to the First Nation in accordance with the terms of
Treaty 9. By letter dated December 13, 2000, the Ontario
Native Affairs Secretariat confirmed that Ontario has agreed
to enter into preliminary negotiations with the First Nation
and Canada to work toward a potential settlement of the TLE
claim. To assist the First Nation providing up to date, the
First Nation requires the development of a site specific web
page for the membership to access the ongoing negotiation
process and relevant information.
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