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Negotiations finalize in Flooding Claim Settlement Agreement for Sakimay

The dam at Crooked Lake. Photo by Dwayne Stone

The dam at Crooked Lake.

Published on January 28, 2012
Published on January 28, 2012
Andrea Nicholl  RSS Feed
Topics :
Sakimay First Nations Qu’Appelle Valley Indian Development Authority Flooding Claim , Indian Claims Commission , Department of Indian Affairs , Canada , Saskatchewan , Crooked Lake

 

Sakimay First Nations Chief and Council have successfully concluded negotiations with Canada and the Province of Saskatchewan with respect to the Sakimay Flooding Claim Settlement Agreement.

There is a tentative agreement for Sakimay First Nations band to receive more than $21 million for land that was flooded in the early 1940s. It is estimated that 470 acres were flooded, though the “maximum impacted area” has been identified as 844 acres.

“I feel a sense of relief that the process is over and we can move on with other priorities such as governance, economic development and education,” said Chief Lynn Acoose.

She says she understands the length of negotiations due to the complexity of the claim, but is happy a settlement has materialized.

“I extend my gratitude to the former leaders, elders and to those who have contributed to working on the claim.”

The flood claim is in consideration of the dam built on Crooked Lake. The Indian Claims Commission said in 1998 that there was no proper authorization for the construction and operation of the Crooked Lake Dam that was constructed in 1942.

According to the Sakimay First Nations Qu’Appelle Valley Indian Development Authority Flooding Claim, “the construction of the dam caused flooding on Sakimay to which, no compensation was paid.  For many years, past Chiefs and Council made numerous attempts to convince the governments of Canada and Saskatchewan that the dam has flooded lands on Sakimay and in doing so, destroyed many members’ livelihoods.”

In 1986, Sakimay submitted a specific claim to the Department of Indian Affairs alleging the wrongful construction of the Crooked Lake Dam and the illegal flooding of Sakimay lands due to the operation of the dam.

The file was closed in 1992, due to inactivity associated with the claim. In 1994, Sakimay requested the Indian Claims Commission (ICC) to conduct an inquiry into the flooding claim. 

In February 1998, ICC found that Canada did owe Sakimay a lawful obligation with respect to the flooding.

On Nov. 26, 1998, Canada’s Acting Assistant Deputy Minister of Claims and Indian Government accepted the flooding claim of the Sakimay First Nations for negotiation under Canada’s Specific Claims Policy. 

After more than a decade of negotiations, Sakimay First Nations Members will vote on the Flooding Claim Settlement Agreement on Jan. 30, 2012.

All names on the band list, over the age of 18, will be eligible to vote. For the vote to pass, a majority of 50 per cent plus one must be in favour.

Once voted upon and accepted, the claim settlement monies will be deposited into a trust which will then be overseen and managed by a corporate trustee, said Acoose. Once invested, the band will draw 4 per cent annually as revenue to contribute toward recreation, cultural programming, and quality of life for its members living on and off reserve.

The proposed $21 million flood claim settlement also includes a water management plan in respect to the dam’s future operation, which has been an ongoing issue of grievance between the First Nations and cabin owners.

A flooding claim settlement information session will be held at the Sakimay Community Complex on Jan. 29. The session will include an overview of all settlement documents, specifically the bilateral agreement and trilateral agreement.

Call 306-697-2831 for more information.

sunnews@sasktel.net

 

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