PAPASCHASE PROPOSAL FOR THE
SETTLEMENT OF THE UNLAWFUL SURRENDER
OF PAPASCHASE I.R. #136
Submitted By Chief Calvin Bruneau
Table of Contents
1. Background
2. Historical Information
3. A Fresh Approach
I. Past Claims
II. A New Vision Is Needed
4. Who Is Eligible To Participate In The Settlement
I. Bonafide Descendants – Determining The Process
II. Papaschase First Nation
III. Other First Nations
5. Papaschase Descendants on Settlements, Bill C-31, Bill C-3,,,,
I. Non-Status and Urban Descendants
6. The Papaschase First Nation’s Position
I. Legal Position and Status II. Political Will and Co-operation
III. Legitimate Descendants’ Legal Status
IV. Recognition of Papaschase First Nation Sovereignty
7. Other First Nations and Their Roles
I. Legal Positions
New Band/Band Ammalgamation (NBBA) Policy
II. Joint Ventures to build a better future
8. Membership – Who Is Eligible
I. Probationary Members
II. Transfer Process - Releasing The Descendants
III. Papaschase Band Sovereignty Over Band Membership
9. Lands and Available Lands
I. Southside Edmonton including cemeteries
II. Rossdale Flats and Historic Cemetery – Papaschase Spirit of Edmonton Proposal
III. Burial Ground by Elinor Lake and Surrounding Crown Lands
10. Compensation – Settlement Package
I. 3rd Party Interests
II. Cash and Land Package
11. Role of Canada, Province of Alberta, City of Edmonton.
I. Political Will – Doing The Right Thing
II. Recognition and Accommodation
III. Compensation and Fiduciary Obligations
12. Rebuilding and Restoring the Papaschase First Nation
I.
Location of Reserves – Urban and Rural Reserves
II. Capacity Building – Administration and Council Support
III. Building Membership – One Descendant At a Time
IV. Housing/Housing Supports and Infrastructure
V. Economic Development and Investments
VI. Training and Employment
VII. Social Programs
VIII. Education and Schools
IX. Cree Language Classes
X. Daycare and Child Services
XI. Health Commission and Health Services
XII. Policing and Security - Papaschase Tribal Force
XIII. Cemeteries and Burial Grounds - Protection and Perpetual Care
XIV. Fire and Ambulance Services - Emergency Response
XV. Community Centres
XVI. Sanitation and Recycling Services
XVII. Forestry and Environmental Services
XVIII. Roads - Construction, Maintenance and Repair
1. Background
The Papaschase case has been an ongoing issue. For at least 100 years there has
been discontent surrounding the issues of the supposed surrender and sale of the
Papaschase Indian Reserve. This reserve today is within the boundaries of the southside of
Edmonton, AB. It wasn't until the early 1970s that a concerted effort was taken by
Papaschase descendants to address this case. Enoch Cree Nation hired researcher Ken Tyler
to research the history of the Papaschase Band. After compiling the research, Enoch filed a
claim in 1973 with the Indian Claims Commission but it was rejected in 1975.
Since then a number of groups have come and gone who have done research and
wanted to advance this case. This happened in the 70s, 80s and 90s. In the mid-90s two
groups surfaced who wanted to advance the Papaschase cause. One group was the
Papastayo First Nation Association of Alberta (mainly Metis) and the other was an Interim
Papaschase Committee (mainly Treaty). They both approached the Chiefs of the
Confederacy of Treaty Six seeking support for this case. The Confederacy did offer support
in the form of resolutions recognizing the Papaschase Descendants and their case.
However, the Chiefs at the time stated that both groups get together and organize
an election to determine who would be the leaders of the Papaschase Descendants. With
advice from Papaschase elders from various First Nations and with the assistance from legal
counsel Ron Maurice, a custom council code was developed. Then an election date was set
for August 21, 1999. This was a historic date for the descendants, since it was on August
21, 1877 when Chief Papaschase and his brother, Headman Tahkoots, signed Treaty Six
along with Chief Alexis and Chief Alexander. After the election, Rose Lameman from Onion
Lake Cree Nation was declared Chief and 9 councillors were elected as well. There were 7
council positions for Treaty Status descendants and 2 positions for Non-Status/Metis council
positions.
Only bona fide Papaschase Descendants could vote in our elections. In the
Papaschase Descendants Custom Council Election Code under Section 1(f) it states: “eligible
voter” or “voter” is any Papaschase Descendant who has signed an affidavit or statutory
declaration in the form prescribed and who is at least 18 years of age. Also, Section 1(g)
states: “Papaschase Descendant: is a person who is a direct descendant of a bona fide
member of the Passpasschase Indian Band who was listed on the treaty annuity paylists
between 1877 and 1886, including persons who are direct descendants by virtue of being
adopted by law or custom as members of the Band. For greater certainty, this shall include
registered Indians, non-status, Metis, and enfranchised individuals providing they can prove
that they are direct descendants and regardless of whether they are members of another
First Nation or Metis Settlement;
And Section 1(h) states: “Papaschase Descendants Council” or “Council” shall consist
of one Chief and 9 Councillors duly elected by the eligible voters of the Papaschase
Descendants to represent the collective interests of all Papaschase Descendants;.
In the Preamble of the Custom Code it states that it is the inherent right of the
Papaschase Descendants to select their own leaders to act as their duly elected
representatives to govern their affairs, to defend and advance the treaty rights and
legitimate interests of the Papaschase Descendants, and to take all necessary steps to
obtain a just settlement of the unlawful surrender of Papaschase IR #136 and plus the Chief
shall be the representative and spokesperson for the Papaschase Descendants on all issues
that affect them at the local, regional, national and international levels. One of the first
issues to arise was that of the burial ground located west of Epcor's Rossdale Power plant
and north of Walterdale Bridge in downtown Edmonton, AB. Epcor wanted to expand the
Rossdale Power Plant and hearings were held by the then Energy Utility Board (Now the
Alberta Utility Commission) in 2000 and 2001. This will be addressed later in this document.
The second issue was to file a claim in the Canadian court system on behalf of all
Papaschase Descendants. A class action lawsuit was filed in February 2001 at the Court of
Queens Bench in Edmonton, AB. The case went through various phases. After an appeal
was won at the Court of Queens Bench by the Papaschase Descendants, Canada's and the
Province's lawyers appealed the case to the Supreme Court. The case was heading to trial
but was tossed out by Supreme Court judges based on two technicalities. The first was that
our group ran out of time based on Statutes of Limitations. However, a recent case won by
the Metis dating back to 1870 proves that a case is never too old to be heard. There are
other cases that are older than ours and still valid. Therefore the Supreme Court judges
erred on this point.
The second point was that we are not a recognized band. Our band list according to
govt. Lawyers didnt exist in 1951. Apparently thats a magic date to unrecognize a band.
However, some bands have been recognized and signed treaties well after this date. The
argument was that our band didn't exist or wasn't recognized by the Federal government at
this date. Given the history of what happened to the Papaschase Band its easy to say the
band didnt exist because the Federal government used legislation, coercion and outright
fraud to destroy the Papaschase Band and take away their land unlawfully. They selected a
reserve and it was never ceded nor surrendered. Also, Metis scrip is illegal to be offered to
Treaty people so the majority of the band shouldn’t have been forced to leave the reserve
and be considered Metis. Plus the amalgamation agreement between Enoch and Papaschase
was illegal as well. Technically the band still exists on First Nations that absorbed the
remaining descendants. Most of these bands are in the Treaty Six territory and include
Enoch, Alexander, the Maskwacis bands (Ermineskin, Louis Bull, Montana and Samson),
Saddle Lake, Beaver Lake, Goodfish Lake, Kehewin, Frog Lake and Onion Lake among
others. These descendants have every right to reconstitute the Papaschase First Nation.
However, the Papaschase Band existed before the City of Edmonton, the Province of
Alberta and the Corporate State of Canada. We still maintain our sovereignty. Our ancestors
signed Treaty Six on a Nation to Nation basis just as other First Nations who signed Treaty
Six in 1876, 77 and 78. Like other First Nations, the Papaschase people descended from
Cree tribes who have been on this earth since time immemorial. Sovereignty is inherent to
every First Nation including the Papaschase First Nation.
2. Historical Information
As with any First Nation their history is passed down orally from elders and
knowledge keepers.. Tribes and clans have existed since time immemorial so its difficult
to say when a band or First Nation began or was created. Many of the Cree speaking
people, like other Indigenous tribes, were nomadic by nature and lived in temporary
villages. They had vast territories in which they hunted, gathered and occupied. Winter
and summer grounds were common for their protection and survival. Mostly though,
these nomadic tribes followed the game that was available in their territories plus
pursued advantages available to them such as the Fur Trade.
Papaschase and his brothers, along with their extended family, were very active
in the fur trade and roamed between Slave Lake and Fort Edmonton. Papaschase's
english name was John Gladue Quinn and was born sometime around 1838. His family
appears to move from Slave Lake to the Fort Assiniboine area, northwest of Edmonton.
And they were in the Lac St. Anne area as well before they moved to the Edmonton
area.
Chief Papaschase, his 6 brothers and their families moved to the Edmonton area in the
late 1850's from the Lesser Slave Lake area. It appears they travelled and hunted in the
Fort Edmonton, Fort Assiniboia and Lesser Slave Lake areas for some time before
making Edmonton their home. Their band settled their and traded with the Hudson Bay
Company and was employed with them from time to time.
The family settled in the area which was known as Ross Flats below Fort
Edmonton which was located in present day Legislative grounds. They occupied the
River Valley area and below the Fort known today as the Rossdale community and
hunted in the area east of Fort Edmonton called the Beaver Hills. They were part of the
Cree group called the Beaver Hills Cree.
In 1876, commissioners for Canada met with Chiefs and Headmen at Fort Carlton
and Fort Pitt to negotiate the terms for Treaty Six. After much negotiation terms were
agreed upon. After learning that there were other Cree bands further west in the Fort
Edmonton area, the Commissioners planned to sign treaty with them the following year.
On August 8, 1877, the four bands (Sampson, Ermineskin, Louis Bull and Bobtail) of the
Bears Hills agency signed Treaty Six. Two weeks later, the Commissioners met with the
Chiefs and Headmen of Alexis, Alexander and the Papaschase Bands at Fort Edmonton.
On August 21, 1877, Chief Papaschase (also known as Passpasschase, Papastew,
Pahpastayo, and John Gladieu-Quinn) and his brother Tahkoots, a Headman, signed an
adhesion to Treaty 6 on behalf of the Papaschase band at Fort Edmonton.
In 1877, the Hon. David Laird, Lieutenant Governor and Indian Superintendent
for the North-West Territories, recommended to the Department of Indian Affairs that
surveyors be sent to lay out Indian reserves for the Edmonton Bands, however, no
action was taken by the Federal Government to survey a reserve for the Papaschase
Band until 1880. The Papaschase Band continued to occupy the Rossdale Flats area until
Dominion Land surveyors commenced to survey the Papaschase Reserve.
By 1879, the buffalo had become virtually extinct and the Indians in the
Edmonton area were suffering from severe starvation. Although a general famine had
descended upon the Indians of the North-West Territories, the Federal Government of
Canada did not provide necessary and sufficient relief to the Papaschase band or other
bands as promised under the terms of Treaty 6.
On August 2, 1880, George A. Simpson, Dominion Land Surveyor, was instructed
to survey the boundaries of Passpasschase Indian Reserve No. 136 for the Papaschase
Band. According to Simpson's information, 241 members of the Papaschase Band were
paid annuities in 1879 so he promised Chief Papaschase that 48 square miles of land
would be set apart as a reserve for the Band. The Federal Government should have
known that in fact 249 members of the Papaschase Band were paid annuities in 1879
entitling the Band to at least 49.9 square miles of reserve land. Chief Papaschase
selected a reserve approximately four miles south of Fort Edmonton and Simpson began
to survey the reserve located within the present boundaries of the City of Edmonton.
When Chief Papaschase realized he was not getting the size of the reserve he
wanted, a dispute arose between him and Inspector T.P. Wadsworth (Inspector of
Indian Farms and Agencies for the Dept. of Indian Affairs). On August 3, 1880,
Inspector Wadsworth maliciously transferred 84 members of the Papaschase Band to a
new treaty pay list he created for the "Edmonton Stragglers". Then Inspector
Wadsworth instructed Simpson to survey no more than 40 square miles of reserve land
for the Papaschase Band and to not set apart any land for the Edmonton Stragglers. On
August 4, 1880, Inspector Wadsworth paid annuities to only 188 members of the
Papaschase Band.
Local settlers in the Edmonton area did not want the reserve to be located near
Edmonton. Frank Oliver, a recent immigrant and businessman, through his newspaper
the Edmonton Bulletin advocated for the removal of the band and its surrender. A mass
meeting was held on January 13, 1881, to petition Sir John A. Macdonald, the Prime
Minister to pressure Canada into moving the Papaschase Band and obtain a surrender of
IR 136 for sale to non-Indians.
In the following year or so Frank Oliver, through his newspaper pressed Ottawa
to move IR 136 and open the land for settlers. Use the heavy hand of the law to
override the interests and treaty rights of the Papaschase Band when they conflict with
the public interest. Oliver incited a number of settlers to squat and trespass upon IR
136. And he recommended that Canada induce the Papaschase Band to select a reserve
at a more distant location in exchange for reasonable consideration.
On January 27, 1883, a second petition was delivered to representatives of the
Crown to Ottawa requesting that IR 136 be moved away from Edmonton. Old
Strathcona was a town on the south side of the North Saskatchewan River opposite of
Fort Edmonton and settlers there didnt want to have the Papaschase Band living so
close to them. The surveyors along with Indian Affairs officials heeded more to the
settler's wood and hay claims and so pushed the north boundary of the Papaschase
Reserve 2 miles further south. Today, the north boundary of the reserve should be
around 76 avenue but instead is 51 avenue in South Edmonton. The east boundary is
34 Street, the south boundary is 30 Ave south and the west boundary is approximately
119 Street (see map). This area comprises a total of 39.9 square miles which is a
shortfall of 9.9 square miles.
The Papaschase Band moved to their reserve from Rossdale Flats but in the early
1880s they still held dances and ceremonies in Rossdale (Edmonton Bulletin). The
Edmonton Stragglers continued to live in this area in the early 1880s until they were
offered a reserve 5 miles west of Fort Edmonton and Enoch 'Tommy' Lapotack became
their chief.
Eventually Mr. Oliver agreed that the Papaschase Band had a legal claim but he
set about through his newspaper the Edmonton Bulletin and his position in politics to
undermine the Papaschase Band and other reserves. He helped push for Edmonton to
become the main town over Strathcona and for Edmonton to be the capital of Alberta
over Calgary. In his efforts to promote Edmonton as a major settlement, Mr. Oliver
lobbied to have the CP Railroad built from Regina to Edmonton. However, the Canadian
government and the Railway company chose to build the railroad to Calgary instead.
Furious but undaunted Frank Oliver and other settlers convinced the CP Railway to build
from Calgary to Edmonton but the railroad company would build only if the Indians were
removed from the Papaschase Reserve. Otherwise they would build the railroad to the
south border of the reserve and not to the Strathcona area as requested. From 1905 1911, Frank Oliver became the Superintendent of Indian Affairs and in this position he
advocated for the surrender of Indian lands in western Canada. Through his son-in-law,
Mr. Oliver benefited personally by buying some surrendered reserve lands.
Living conditions for Indigenous people in the prairie regions deteriorated
quickly. Between 1875 and 1885, settlers and hunters of European descent contributed
to hunting the North American Bison almost to extinction; the construction of the
Canadian Pacific Railway brought large numbers of European settlers west who
encroached on former Indigenous territory. European Canadians established
governments, police forces, and courts of law with different foundations than indigenous
practices. Various epidemics continued to devastate Indigenous communities. All of
these factors had a profound effect on Indigenous people, particularly those from the
plains who had relied heavily on bison for food and clothing. Most of those nations that
agreed to treaties had negotiated for a guarantee of food and help to begin farming.
Just as the bison disappeared (the last Canadian hunt was in 1879), LieutenantGovernor Edgar Dewdney cut rations to indigenous people in an attempt to reduce
government costs. Between 1880 and 1885, approximately 3,000 Indigenous people
starved to death in the Nortthwest Territories.
From 1879 to 1886, The Federal Government of Canada did not provide
necessary rations or relief to members of the Papaschase Band who were suffering from
starvation. Some First Nations such as Papaschase and the Maskwacis bands were
threatening violence if they did not get rations as they were promised.
In the midst of the Riel Rebellion, the Half Breed Scrip Commission arrived in
Edmonton on June 3, 1885 offering scrip to people of mixed Indian and white ancestry,
including any treaty status Indians who could show they were of Metis ancestry. The
commission issued scrip to 202 treaty Indians from June to July, 1885. This included 12
members of the Papaschase band. All recipients of scrip were discharged from Treaty 6
and this resulted in the loss of treaty status, any interest in Indian reserve land and their
right to treaty annuities.
During this time land speculators induced treaty Indians to accept scrip with the
lure of cash and the lie that the Indians would not be forced to leave their reserves if
they took scrip. When the Half Breed Scrip Commission returned to Edmonton on July 3,
1886, the Papaschase Band motivated by starvation, poverty and general discord over
Canada's failure to honor the terms of Treaty 6, requested scrip.
On July 19, 1886, Indian agents were instructed that any treaty Indian who
could clearly show they were of mixed ancestry and who do not lead the 'same mode of
life as Indians' should be allowed to withdraw from Treaty.
Inspector Wadsworth granted discharges to Chief Papaschase and his brothers,
constituting a family of 58 members. This triggered a mass exodus from the Papaschase
and Enoch Bands. A total of 102 members of the Papaschase Band, who were in
starving condition and of poor health were induced to accept scrip. The Papaschase
Band was reduced to only 82 members, most of whom were elders, women and
children.
After receiving scrip, Chief Papaschase and other members of the Band
continued in the honest belief they could use and occupy IR 136 because the Federal
Government contributed to this belief by allowing the Papaschase band to harvest their
crops in the fall of 1886.
In August 1886, local politicians, residents and the Edmonton Bulletin renewed
their campaign to remove IR 136 and throw the land open for settlement. The Dept. of
the Interior advanced a proposal made by the Edmonton Bulletin that the remaining
members of the Papaschase Band be amalgamated with another band. Around
December 30, 1886, Agent Anderson falsely and deliberately misstated that the
Papaschase band requested that they be amalgamated with the Enoch band on the
Stony Plain Reserve.
If the Papaschase Band wanted to join the Enoch Band they simply would have
left without seeking permission from the Indian agent. Also, the Papaschase Band's
reluctance to move to the Stony Plain Reserve in the spring of 1887 was inconsistent
with Agent Anderson's assertion that they wanted to voluntarily join the Enoch Band.
Agent Anderson encouraged a member of the Papaschase Band to move to Enoch and
draw others with him so he could be Chief of the amalgamated bands. This went against
a previous recommendation of the Dept. that the position of Chief for the Enoch Band
should not be filled. An amalgamation agreement was purportedly signed between
principal men of the Papaschase and Enoch Bands.
In January 1887, Commissioner Dewdney was directed by Indian Affairs to
remove the Papaschase with their consent and to obtain a formal surrender of IR 136 so
the land could be sold for their benefit. On August 12, 1887, Assistant Commissioner
Reed persuaded the remainder of the Papaschase Band to move to the Enoch Band's
Stony Plain Reserve. Asst. Commissioner Reed made no attempt to comply with the
instructions to obtain a surrender from the Papaschase Band before they moved.
However, based on elder’s accounts, there are stories in which Papaschase Band
members who didnt want to leave willingly were shot and killed. They’re bodies
apparently were dumped in the Blackmud Creek Ravine. So there is some dispute from
our council and some elders that our ancestors left the Papaschase Reserve more out of
fear than anything else.
Commissioner Reed then evicted Chief Papaschase and other discharged
members of the Papaschase Band. They denied relinquishing their rights to live on the
land and through a Cree translator they informed Commissioner Reed they did not
understand the meaning of the language contained in the declarations they purportedly
signed. On a few occasions in late 1887 no attempts were made to convene a surrender
meeting even though 8 - 10 members of the Papaschase Band were paid annuities at
Enoch at different times. On November 19, 1888 Inspector Wadsworth purported to
obtain a surrender of 39.9 square miles of land within IR 136 from only 3 adult male
members of the Papaschase Band living on the Enoch Reserve. The descendants of the
Papaschase Band agree that the purported surrender is invalid and void ab nitio because
it did not comply with the strict procedures governing the surrender of Indian reserves
as set out in section 39 of the Indian Act, R.S.C. 1886.
According to the terms of the surrender instrument, all lands within IR 136 were
surrendered in trust to the Crown to be disposed of "upon such terms as the
Government of the Dominion of Canada may deem most conducive to our welfare and
that of our people." The Govt. also undertook to collect all monies received from the
sale or lease of IR 136 lands and to deposit the net proceeds after deducting
management expenses into an interest bearing account to be held in trust. The
surrender instrument expressly states that only the interest accruing from such monies
shall be paid annually or semi-annually to the Papaschase Band and to "our descendants
forever."
From 1890 to 1930, the Govt. of Canada sold all of IR 136 lands to third parties
and received monies as a trustee and fiduciary on behalf of the Papaschase Band and
their descendants as per the terms of the surrender instrument. The Papaschase
descendants allege that Canada has acted contrary to the express terms of the
surrender and its trust and fiduciary obligations to the Papaschase Band by:
a) failing to hold the principle amount collected on account of the sale of IR 136 lands in
trust for the exclusive benefit of the Papaschase Band and their descendants forever,
b) failing to distribute the interest generated from the sale of IR 136 land to the
Papaschase Band and their descendants on an annual or semi-annual basis and,
c) distributing any portion of the proceeds of sale, whether it is principal or interest, to
any person who was not a member of the Papaschase Band or a direct descendant.
Most members of the Papaschase Band who moved to Enoch remained but a few
joined other Bands such as Alexander, Michel, Bears Hills Bands (Hobbema), Saddle
Lake, Beaver Lake, Kehewin, Frog Lake and Onion Lake. Most of the discharged
Papaschase Band members relocated to various locations such as Elinor Lake, Lac La
Biche, Beaver Lake and Kikino. As a result of the Govt. of Canada's actions in unilaterally
transferring members of the Papaschase Band to the Edmonton Straggler's list,
discharging a majority of the Papaschase Band from Treaty 6 in 1885-86 through the
issuance of scrip, and forcing the remainder of the Band to vacate IR 136, the
Papaschase Descendants have suffered significant damages to their culture, language,
and collective identity, including the loss of Indian status, band membership, economic
opportunities and their lands.
Therefore we assert the surrender of Papaschase I.R. 136 was unlawful. The
band was coerced into taking scrip and forced from their reserve. The amalgamation
agreement between Enoch and Papaschase is of no force or effect since the surrender is
of no force or effect either.
3. A Fresh Approach
In the past 40 years, many people and groups along with the Enoch Cree Nation
have filed a claim or attempted to research and file a claim regarding the unlawful
surrender of Papaschase I.R. 136. Many descendants from many First Nations, Metis
Settlements and scattered to the four winds have known about the history and loss of
band status and land of their Papaschase ancestors. Many times it has been said, " My
Moosom (Grandfather) used to talk about that Papaschase reserve all the time".
Therefore, since the time the reserve was illegally disbanded and the land stolen the
story has been passed down to the present generation. A wrong is a wrong today even
though it was committed over 100 years ago.
The band members were scattered to other First Nations and beyond in the late
1880s and the Canadian government made it illegal in the early 1900s to hire a lawyer
to file a claim against Canada. First Nations people were confined to the reserves by the
pass system. Were discharged from Treaty if they wanted to join the army, become a
member of the clergy or even to visit a pub for a pint. Not to mention the destructive
legacy of the residential school system.
First Nations and Aboriginal people weren't given a chance to vote in Federal
elections until the early 1960s. It was not until 1967, after all, that "Indians" were finally
recognized in Canadian law as People, eligible for rights as Canadian citizens, protection
by law, and having Human Rights. In light of the paternalistic behavior and the
suppression that First Nations and the Papaschase people were subjected to, it took
until the late 60s and early 70s for Papaschase Desdendants to research and file a claim.
In 1971, Enoch Cree Nation hired law student Ken Tyler who attended the University of
Alberta. The result of his research was the thesis, A History of the Papaschase Band: A
Tax Eating Proposition. Enoch filed a claim on behalf of the Enoch members in 1973 but
the claim was rejected by the Indian Claims Commission in 1975. Basically the claim was
rejected because there were other descendants that would need to be included in the
claim from other First Nations. Enoch did not want to have these other descendants
involved.
Upon reviewing the 'Enoch Claim', a Commissioner recommended that based on
moral and legal grounds, it should not go to court or arbitration but instead should go
through negotiation. Thus a new approach is needed. One of co-operation and mutual
respect. Each First Nation would need to acknowledge there are Papaschase
Descendants on their bands and that they want to come home.
The First Nations who have descendants on their membership lists should be
ready to negotiate as well as the Federal Government and the Province of Alberta and
the City of Edmonton. This case has gone on too long.
4. Who is Eligible To Participate in The Settlement
I. Bona fide Descendants - Determining the Process
As mentioned earlier, many descendants know they originate from the
Papaschase Band,, but the next step is to prove that. Many have found their link to an
original Papaschase Band member. Myself and other members of our family have
completed a family tree and have found documents to support our lineage back to Chief
Papaschase himself. Each descendant would have to go through this process. There are
an estimated 3000 to 10,000 descendants but there may be more.
II. The Papaschase First Nation
Is made up of bona fide descendants who have completed their paperwork and
have made that connection to a member of the original Papaschase Band. My family
numbers over 120 persons but there are other relatives who are part of our band. That
number exceeds the number of 33 that may be required to create a band. However, we
have at least 1000 descendants who signed affidavits and probationary membership
forms when our case was in court. Those descendants who have completed their
paperwork are part of our band. The Papaschase First Nation is a sovereign nation and
we determine our jurisdiction and who our members are. The only criteria for
membership is that they are a bona fide descendant. This is non-negotiable.
III. Other First Nations
After the Papaschase Band was broken up and members were forced to move
from Papaschase I.R. 136, many of them relocated to other First Nations in the Treaty
Six area. They ended up on the band lists of Enoch, Alexander, Michel and the
Muskwacis bands. However, many continued onto other reserves for various reasons
especially marriage or employment. As a result there are descendants on every First
Nation in the Treaty Six territory in Alberta. However, we have been contacted by
descendants who are in the Treaty Six territory in Saskatchewan plus in the Treaty 7
and 8 areas as well. I have been contacted by descendants from Treaty Six First Nations
in Alberta who want to leave these bands and join the Papaschase First Nation. That is
one reason for this proposal. It is in response to the Treaty Six Chief's request in April
2012 after I made a presentation and indicating that there were descendants who
wanted to leave but they need a place to move to. Hence the need for a plan to
accommodate the transfer of these descendants to the Papaschase First Nation. There
would be a need for capacity building to assist the Papaschase Chief and Council and
administration to process these transfers. A building with administration staff would be
necessary. Funding is needed for the Chief and Council to provide direction and manage
portfolios and pay for staff salaries, office space, computers, desks, office supplies and
miscellaneous items. A van would be needed so insurance and gas expenses would need
to be covered as well. A yearly budget for 5 years would be necessary or until we are
able to be self-sufficient or are properly compensated as Papaschase Descendants
5. Papaschase Descendants on Metis Settlements, Bill C-31, Bill
C-3
There are a number of descendants who would be eligible to participate in a
claims settelement and be able to join the band. They would be the descendants of
those who accepted scrip and were discharged from the original band or whose ancestor
took scrip in 1899 and were discharged from Treaty. The ex-Treaty Metis as they are
known as, wandered the Alberta forests and became the road allowance people. Some
intermarried into reserves but most are classified as Metis. They are bona fide
descendants and should be included as members and as eligible in any settlement of
Papaschase IR 136.
The same goes for those who are considered Bill C-31. They are the children of
women who lost their status for marrying a non-status man. They still carry the same
blood as men who married non-status women yet they remained status Indians and
their wives acquired status through this union. Those who are descendants would be
included in our band, men and women, who can prove they are a descendant from the
original Papaschase Band.
The same goes for their children, those who are classified as Bill C-3. They are
descendants as well. As long as they can prove they are bona fide descendants they can
be included in a settlement and included as a member of the Papaschase First Nation.
Many descendants have moved to the City of Edmonton and are classified as
Urban Aboriginals. They would be included if they chose to transfer but would be
included in any compensation package to the Papaschase descendants. Also any eligible
descendant would be eligible for programs and services created for the descendants.
6. The Papaschase First Nation's Position
I. Legal Position and Status
The Papaschase First Nation, Chief and Council and members affirm and
recognize our inherent, Aboriginal and Treaty Rights and those of other First Nations. As
stated earlier the descendants today are descended from Cree ancestors who have been
on this continent and on our lands since time immemorial. We maintain our sovereignty.
We’ve determined our tribes and clans and our place in history. As a Sovereign People
we determine who our people are, our lands, our jurisdiction and territory. Our
ancestors occupied various territories but mainly they lived in what is known as the
River Valley and Ross Flats below Fort Edmonton. The Papaschase Indian Reserve was
surveyed and is located on the south side of Edmonton. Also our ancestors hunted and
gathered as the Beaver Hills Cree in the territory east of Edmonton all the way to Beaver
Hills Lake on the other side of Elk Island Provincial Park. Historically these are our
territories and therefore our jurisdictions. Also, we assert jurisdiction over burial grounds
where we have ancestors buried such as the Fort Edmonton Historic Burial ground which
is located north of the Walterdale Bridge. Any burial site on the south side of Edmonton
and the Kiskayo Cemetery by Elinor Lake where Chief Papaschase is buried.
As stated earlier, our legal position is The Papaschase Band is sovereign and
signed a Treaty with representatives of Canada. Canada reneged on the terms of this
treaty by breaking up the band and essentially stealing their land. A fiduciary obligation
is owed to the descendants. We are owed land and compensation. Based on a
international law a contract has been breached. That is our legal position. We have a
legal case and it can be processed through the Indian Claims Tribunal within 3 – 5
years. A settlement would help build the Papaschase community from the ground up.
Businesses, housing, programs and services can be developed to build our Nation.
We reject Canada’s Supreme Court decision as fraudulent, shortsighted and unlawful.
II. Political Will and Co-operation
In recent years there has been the political will to acknowledge past historical
wrongs against the First Nations peoples by the Canadian government. Most notably the
residential school abuse and scandal has be apologized for and compensation provided.
However, there are still a lot of outstanding grievances that have not been addressed
including land cases. These are not claims since these cases are based on fact. In recent
years the City of Edmonton has demonstrated the political will to acknowledge past
wrongs and contributions of urban aboriginals in Edmonton as stated in its Declaration:
Strengthening Relationships between the City of Edmonton and Urban Aboriginal People.
However, the political will to settle the Papaschase case has to extend to the Province of
Alberta and the Federal Government. All three levels of government have to
acknowledge the moral and legal wrongs committed against the Papaschase people. It
would be in the best interests of all levels of government to co-operate to settle this
case. The Papaschase First Nation has been peaceful in its dealings with the
governments on different matters especially when it comes to burial grounds. We are
thankful for the co-operation of the City of Edmonton and the Province of Alberta when
it comes to the protection of our burial sites. We expect the same co-operation in return
in settling our case.
III. Legitimate Descendants’ Legal Status
Any legitimate descendant can join our nation. We are Treaty people. The
descendants would be eligible for compensation, membership and any program
developed on their behalf.
IV. Recognition of Papaschase First Nation Sovereignty
All levels of government and First Nations should recognize our sovereignty.
Letters of support and resolutions are requested to state official recognition of our band.
7. Other First Nations and Their Roles
I. Legal Positions
The Papaschase First Nation acknowledges and affirms the entities of First Nation’s in
Canada. Our Nation recognizes and affirm the Federal Government has a fiduciary
obligantion to First Nations and these First Nations Treaty and Aboriginal Rights are
entrenched in the Canadian Consititution of 1982. Further we recognize that most
First Nation’s have a Treaty relationship with Canada and these Nations adhere to
the Indian Act. Section 16 of this Act states that when members leave one band to
join another then the former band would give land and resources to the new band.
These lands and resources would give us a land base and resources used to develop
an administration building to process transfers, run programs and services for
descendants who join us. We propose that other First Nations from the Treaty Six
territory set up their own urban offices with us in one building to stream line
programs and services. The land and building would have to be set up on the
southside. This would create an efficient service for urban aboriginal people in
Edmonton. This plan is open to other First Nations from other Treaty areas who
have descendants on their membership lists and to provide support for those First
Nations members who have moved to the City of Edmonton.
II. New Band/Band Ammalgamation (NBBA) Policy
I acknowledge Indian and Northern Affairs Canada (INAC) is the department that is
to serve First Nations. Under the New Band/Band Ammalgamation Policy (NBBA), the
Papaschase Descendants fit under two criteria. Those who are members of First Nations
who want to leave and those who are Status Iindians who don’t have a parent band.
This policy states that First Nations who have members who want to separate or create
another band would need the co-operation of the Chief’s and Councils. This is a process
that needs to be addressed. When a new band is created or recognized, INAC has
stated that there is no new funding for these new bands unless a settlement is reached
for the unlawful surrender of Papaschase I.R. 136. Creative funding solutions are then
necessary to help build our Nation. Which leads to the next point. How to build an
economy and develop programs and services for the Papaschase First Nation and
descendants.
III. Joint Ventures to build a better future
Each First Nation has a budget for Economic Development. Im asking each First
Nation that releases Papaschase Descendants to utilize part of this funding to create
companies with our Nation. Section 87 of the Indian Act states that “When an Indian
has an interest in property on reserve land or surrendered land, that land is tax exempt.
If we set up businesses then our Nation would develop shares in these companies. Any
Nation that allows descendants to join us would have shares. Based on the profits from
these businesses/companies, each Nation would get dividends annually or semiannually. Our Nation would have majority of these shares. This is non-negotiable. Our
Nation is prepared to create holding companies to manage and protect our interests. It
would be imperative that these companies are managed properly for this plan to work.
It can be a win/win situation. I’ve met with Mayor Don Iveson in March and I’ve stated
that should this plan take place we would pay the municipal tax to help cover costs for
services the City of Edmonton provides. These ventures would help build our economy
for housing and programs and services. These companies would employ our own
members as well as those who would have sound management experience.
Additional investment would be required to finance these companies.
8. Membership – Who Is Eligible
I. Probationary Members
As stated earlier, the Papaschase First Nation has approximately 1000 probationary
members. Probationary in that these people have to prove their connection to the band
plus sign statements of intention if they want to leave their parent band and want to join
us.
II. Transfer Process - Releasing The Descendants
Each First Nation would have to release these descendants. However, it would make
sense to get land and resources to set up an administration plus land and services to create
something stable for these descendants to move to.
III. Papaschase Band Sovereignty Over Band Membership
The Papaschase First Nation reserves the right as a sovereign to determine who our
members are. As stated earlier the only criteria is that they be a bonafide descendant.
We would develop our own membership code. We developed one years ago but that
was shelved and scrapped. Individual descendants would have to apply on their own
behalf unless they have minors under their care. In which case they would apply on
their behalf as well.
9. Lands and Available Lands
I. Southside Edmonton including cemeteries
All cemeteries and burial sites with Papaschase ancestors are under our jurisdiction.
Families with blood ties to these ancestors have the strongest tie and have final say over
these sacred places. There is a cemetery on the southside by Blackmud Creek close to 111
street.that is called Kaskitayo Aski which h we have yet to locate. Late Francis Saulteaux of
Pigeon Lake was a member of our council and he was interviewed for a report. He used to
visit with his family but lost track as the southside was developed. Our band would like to
acquire funding to conduct a traditional land use study and interview elders to get a
complete Papaschase history and hopefully locate this burial site. We consider Papaschase
I.R. 136 as our territory and still unceded land. It was surrendered unlawfully. Section 39 of
the Indian Act states that a surrender is valid if a majority of voting members agree to the
surrender. Voting members were men over the age of 21 in the 1880s. There was 8 men at
Enoch who could have voted. Only 3 men attended a meeting to vote. They all agreed to
the surrender but the Act goes on to say that if the first group agreed as a majority then a
second meeting is to be called to get a majority from that group. This never happened.
Plus other men from Alexander and Maskwaciys (formerly Hobbema) should have been
able to vote but they were never included. Therefore, a majority never agreed to a
surrender and this surrender is of no force and effect. The City of Edmonton is built on
stolen land. There should be a reserve and a community on the southside of Edmonton.
Today descendants should be benifitting socially, culturally and economically by virtue of
living on these lands. We would like to get land for residential, commercial and industrial
purposes. We would need land and housing for those who choose to reside, work and go to
school in Edmonton.
II. Rossdale Flats and Historic Cemetery
Before signing Treaty Six on August 21, 1877 at Fort Edmonton, Chief Papaschase and
his band occupied the Ross Flats now known as the Rossdale community. They lived,
hunted and worked in the area. They hosted other bands as the host band. This included
bands who came to trade at Fort Edmonton or who came to hold ceremonies and/or
cultural dances (Edmonton Bulletin). These lands are also our traditional lands. We would
like land back to set up our own businesses, archives etc and to help protect the Fort
Edmonton Traditional Burial site that is located adjacent to Epcor and the new Walterdale
bridge. As you may know we have a great relationship with the City of Edmonton and are
involved in the consultation process regarding the new bridge construction close the burial
site. This is precedent setting. We want to continue this spirit of cooperation with the City
of Edmonton and those First Nations and/or organizations we work with such as Sun and
Moon Galleries and the City’s Aboriginal Relations Office.
III. Burial Ground by Elinor Lake, Elk Island Park and Surrounding Crown Lands
The Papaschase Band’s traditional hunting territory was the Beaver Hills. This territory
was from Edmonton to Beaver Hills lake located east of Elk Island Park and from Fort
Saskatchewan to Hay Lakes to the south. We would like to get land at Elk Island park for
residential, farming/ranching and businesses purposes. This is to accommodate
descendants who want to live outside the City of Edmonton. Chief Papaschase is buried at
Elinor Lake with other ancestors and members of his family. Our band and descendants
who live in the hamlet of Elinor Lake has been actively protecting this sacred place since
2001. We have been cleaning and having pilgrimages to this site. In 2012, members of our
council took members of Enoch and two staff members of Alberta Culture and Community
Spirit to clean and protect this sacred place. We would like to acquire crown land in the
area to build homes for our members and to maintain the burial site.
As part of the Treaty and Aboriginal Rights Research (T.A.R.R. Files) that was conducted
by the Indian Association in the 1970s, descendants of Chief Papaschase were interviewed.
One of his grandsons, Jerry Quinn stated: “Chief Papaschase said that in the future when
his grandchildren ask for it (the land)..then you will return it to them”.
10. Compensation – Settlement Package
I. 3rd Party Interests
Depending on the situation, we would address third party interests. In the City that
would be anyone who owns lands, buildings and businesses plus the City of Edmonton. For
Provincial Parks we would sit down with the Province to acquire available lands as well as
land owners.
II. Cash and Land Package
Compensation is owed to the Papaschase Descendants for loss of use of the reserve,
loss of economic opportunity, loss of culture, language and identity. The City of Edmonton
has been collecting taxes from our lands for almost a century. Businesses and individuals
have benefited by acquiring our lands. We would require compensation for these wrongs
committed against our ancestors to help rebuild our nation to be a viable and self sufficient
and self governed First Nation. Also lands would have to be made available in the locations
that are mentioned earlier to accommodate and benefit our members and descendants.
11. Role of Canada, Province of Alberta, City of Edmonton.
I. Political Will – Do The Right Thing
All three levels of government would need to support this proposal and help build and
restore the Papaschase First Nation. That would mean participating in a fair and open
negotiation process. However, we have plans to take our case to the U.N. level and gather
international support for our cause
II. Recognition and Accommodation
The City of Edmonton and the Province to some degree have recognized us mainly due
to the burial sites issue. Companies such as Atco, Epcor and Worely Parsons recognize our
First Nation and are accommodating our council by negotiating with us for monitoring. I
would like to thank the City of Edmonton and the Province of Alberta for recognizing our
place in history, our lands and jurisdiction. We have been accommodated by being included
in consulting with the City and Province regarding burial ground issues and site monitoring.
III. Compensation and Fiduciary Obligations
The Federal government owe a fiduciary obligation to the Papaschase First Nation and
the Papaschase Descendants. Canada has failed to honor and maintain the terms of Treaty
Six to our Nation. They broke up the band and essentially stole the land from our
ancestors. Therefore compensation is overdue to the Papaschase Descendants. Any and all
trusts should revert back to us for our use and benefit.
12. Rebuilding and Restoring the Papaschase First Nation
Many of these programs and services are self explanatory but some will require
additional information. The purpose is to have a plan in place to help our Nation keep
focused on rebuilding our community. There will be other programs and services that can
be developed as the need arises. These programs are to give us a strong base to build our
nation from.
I.
Location of Reserves – Urban and Rural Reserves
This has been addressed earlier. This is to accommodate those who choose to live in
the City of Edmonton and those who want to live in a country setting.
II. Capacity Building – Administration and Council Support
Our council would need an administration building to better serve the descendants
and we would require competent staff to assist us. Field offices may be required to
serve those who are out of town.
III.
Building Membership – One Descendant At a Time
We would require funding to help descendants with their geneology so we can
determine their membership eligibility.
IV.Housing/Housing Supports and Infrastructure
Our Nation wants to build or buy homes for our members in the City of Edmonton.
We would need to build homes at Elk Island and Elinor Lake. We would work with
Homeward Trust and other housing authorities and home builders. Building homes
would create employment and reinvest in the local economies.
V.
Economic Development and Investments
To be an independent and self sufficient Nation we need to build and develop our
economy. This would mean setting up on the southside and at Rossdale plus setting
up businesses along Highway 16 at Elk Island Park. We would need to attract
investors and work with other First Nations to create profitable businesses.
VI.Training and Employment
Our nation would develop employment programs and liaison with companies in
different sectors. Rebuilding our Nation would require employing many people to
make the rebuild successful. We would fund training for our members to further
their careers.
VII.
Social Programs
To Be Determined
VIII.
Education and Schools
We would fund our members to get the best training and skills then provide
employment for them.
IX.
Cree Language Classes
Self Explanatory – Could be part of our school curriculum
X.
Daycare and Child Services
To be determined as the need arises.
XI.
Health Commission and Health Services
To be developed for our members to provide excellent health services.
XII.
Policing and Security - Papaschase Tribal Force
As a soverign Nation we reserve the right to develop our own police/security force.
XIII.
Cemeteries and Burial Grounds - Protection and Perpetual Care
Staff would be required to maintain our sacred sites plus we would continue to lobby
to strengthen existing laws. Create our own NAGPRA (North American Graves
Protection & Repatriation Act).
XIV. Fire and Ambulance Services - Emergency Response
XV. Community Centres
XVI. Sanitation and Recycling Services
XVII. Forestry and Environmental Services
XVIII. Roads - Construction, Maintenance and Repair