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Land Claim
While Treaties were entered into with the Indian nations within Western Canada, the federal government attempted to extinguish the Aboriginal title of the Métis by issuing scrip to the Métis individually. By that action, the government of Canada maintains that the rights of the Metis have been dealt with, and that such rights have been extinguished.
After the failure of the Charlottetown Accord, along with companion Métis Nation Accord in the fall of 1992, the leadership of the Métis in Saskatchewan acting under the advice of Métis Elders, decided to beginning defending our people in the courts. There was also a decision made to file a statement of claim challenging the validity of the scrip system as a legitimate means of extinguishing the Aboriginal title of the Métis. At a general assembly of the Métis Society of Saskatchewan in the summer of 1993, the assembly, after reviewing a number of options decided to limit the geographic scope of the court challenge to northwest Saskatchewan. This decision was based on a number of factors including a smaller geographic area, scrip distributed most recently (1906), less research required, thereby costing less and finally, that land was not available in northern Saskatchewan at that time, as the area was not surveyed.
The Statement of Claim was filed in Court of Queen's Bench in Saskatoon in May 1994. Through the Statement of Claim filed on behalf of the Métis National Council, the Métis Nation of Saskatchewan and the Métis Locals of Northwest Saskatchewan, the plaintiffs are seeking three declarations: A declaration that the Aboriginal title to the lands and resources of the Métis of that region was not extinguished by the 1906 scrip distribution; A declaration that the Aboriginal right to hunt, trap, fish and gather was not extinguished; and a declaration that the inherent right of self-government was not extinguished.
The action was filed against both the federal government and the government of Saskatchewan, both of whom have filed statements of defence claiming that those rights were validly extinguished in 1906 by the distribution of scrip. No further court action has taken place since 1994.
Beginning in 1998 funding was secured from both the federal and provincial governments which has enabled archival research to take place. A research contract was entered into with the University of Alberta to undertake the required research under the direction of Prof. Frank Tough. This research is still being undertaken. It is hoped that the legal process can be proceeded with by the beginning of 2003.
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