Fiduciary Obligation

Displaying 1 - 50 of 103

The Aboriginal Role in the Development of Albertan Oil and Gas Reserves

Documents & Presentations
Author/Creator
Sherry Norton
Shelley Zwicker
Description
Examines Aboriginal issues pertinent to the development of oil and gas reserves within Alberta, such as unresolved First Nations Treaty and land claim issues and federal and provincial requirements for consultation on treaty and fiduciary obligations.
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The Aboriginal Voice in the Canadian Unity Debate

Articles » Scholarly, peer reviewed
Author/Creator
Ted Moses
Native Studies Review, vol. 12, no. 2, Aboriginal Peoples and National Rights Issues in Quebec, 1999, pp. 121-134
Description
Discusses the Cree's right to refuse to secede from Canada if Quebec separatists were successful and the lack of federal government's acknowledgement of, or support for, their position.
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Alexis First Nation Inquiry: TransAlta Utilities Rights of Way Claim

Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background and submissions to Indian Claims Commission (ICC) concerning the federal Crown's granting of three rights of way to Calgary Power on Alexis IR133 during 1950s and 1960s. ICC concluded no effort was made to provide annual payments to the Band and recommended the claim be accepted for negotiation under Canada's Specific Claims Policy. Commissioners include: Roger J. Augustine, Daniel J. Bellegarde, Sheila G. Purdy. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
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Athabasca Chipewyan First Nation Inquiry, W.A.C. Bennett Dam and Damage to IR 201, Public Edition July 2008

Documents & Presentations
Author/Creator
Indian Claims Commission
Description

FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Document contains submissions, reports, studies, correspondence/letters and video in regards to inquiry which was trying to determine whether the Crown owes compensation in relation to the dam construction. Commissioners include: P.E. James Prentice, Carole T. Corcoran, Aurélien Gill.

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Athabasca Chipewyan First Nation Inquiry: WAC Bennett Dam and Damage to Indian Reserve 201 [Inquiry Report, English Language Version]

Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background and submissions to the Indian Claims Commission (ICC) regarding Canada breaching its fiduciary obligations to the Band for environmental damages to Reserve 201 caused by construction and operation of the W.A.C. Bennett Dam. ICC found Canada has a lawful obligation and recommends the claim be negotiated under Canada's Specific Claims Policy. Commissioners include : P.E. James Prentice, Carole T. Corcoran, Aurélien Gill. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
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Bande de Betsiamites: Enquêtes Relatives à la Route 138 et au Pont de la Rivière Betsiamites

Alternate Title
Betsiamites Band Highways 138 and Riviere Betsaimites Bridge Inquiries - Final Report (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Final report regarding the two specific claims arguing that reserve lands taken for highway construction were never surrendered to Canada and/or transferred to the Province of Quebec. Commissioners include : Sheila G. Purdy and Alan C. Holman. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
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Betsiamites Band Council, Route 138 and the Betsiamites Reserve, Public Edition, July 2008

Documents & Presentations
Author/Creator
Indian Claims Commission
Description

FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Consists of bilingual annotated index, historical documents, maps, correspondence/letters, Band Council documents and final reports relating to the Band's claims alleging that reserve lands taken for highway use were never surrendered to Canada and/or transferred to the Province of Quebec. Commissioners include: Sheila G. Purdy and Alan C. Holman. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]

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Blood Tribe / Kainaiwa Big Claim Inquiry - Final Report

Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Examines whether the rejected claim was properly resolved. Commissioners include: Daniel J. Bellegarde and Alan C. Holman. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
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Buffalo River Band, Flying Dust No. 105, Joseph Bighead Band, and Waterhen Lake First Nations - Primrose Lake Air Weapons Range Inquiry II - Public Release

Documents & Presentations
Author/Creator
Indian Claims Commission
Description

FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Consists of reports, maps, correspondence/letters, legal documents, submissions, oral transcripts, and the French and English versions of the Final Report. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]

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Chippewa Tri-Council Inquiry: Beausoleil First Nation, Chippewas of Georgina Island First Nation, Chippewas of Mnjikaning (Rama) First Nation: Coldwater-Narrows Reservation Surrender Claim

Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background of claim presented to the Indian Claims Commission (ICC) concerning the validity of the surrender of the reserve to the Crown. No inquiry was conducted as the claim was accepted for negotiation under the Specific Claims Policy. Commissioners include: Roger J. Augstine, Daniel J. Bellegarde, and Renée Dupuis. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
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Chippewas of Kettle & Stoney Point First Nation Inquiry, 1927 Surrender Claim, Public Edition, July 2008

Documents & Presentations
Author/Creator
Indian Claims Commission
Description

FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Contains historical documents, transcripts, correspondence/letters, reports, exhibits, minutes, and submissions regarding the surrender of some of the reserve lands in 1927, 100 years after the treaty was signed. Commissioners include: Roger J. Augstine and Daniel J. Bellegarde.

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Chippewas of the Thames First Nation Inquiry: Clench Defalcation Claim

Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Indian Claims Commission (ICC) was to determine if moneys owed by Crown from the sale of surrendered land had been wrongfully appropriated by an officer of the Indian Dept. No inquiry was conducted as after several planning sessions, Canada accepted the claim for negotiation. Commissioners include: Phil Fontaine and Daniel J. Bellegarde. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
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Chippewas Tri-Council Coldwater-Narrows Reservation, July 2008

Documents & Presentations
Author/Creator
Indian Claims Commission
Description
FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Contains historical documents, draft reports and both the English and French inquiry reports relating to a claim alleging that the reservation had never been properly surrendered to the Crown. Commissioners include: Roger J. Augustine, Daniel J. Bellegarde, and Renée Dupuis. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
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Cold Lake First Nation, Primrose Lake Air Weapons Range Inquiry, Public Release

Documents & Presentations
Author/Creator
Indian Claims Commission
Description

FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Consists of minutes, transcripts, statements, correspondence/letters, submissions, and reports regarding the historical claim grievances of two First Nations who had 4,500 square miles of land seized to create the weapons range. Commissioners include: Harry S. LaForme, Daniel J. Bellegarde, and P.E. James Prentice. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]

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The Crown's Fiduciary Obligation toward Aboriginal Peoples

Documents & Presentations
Author/Creator
Maria Morellato
Description
Looks decisions by the Supreme Court of Canada in six key cases R. v. Gladstone, R. v. Van Der Peet, Marshall v. Her Majesty the Queen, R. v. Adams, Delgamuukw v. Her Majesty the Queen, and Halfway River.
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Cultures in Conflict: The Problem of Discourse

Articles » Scholarly, peer reviewed
Author/Creator
Robin Ridington
Canadian Literature, no. 124-125 , Native Writers & Canadian Writing, Spring/Summer , 1990, pp. 273 - 289
Description

Discussion on the problem of discourse in the Dunne-za/Cree trial, which pitted written documents against knowledge gained from the oral tradition of First Nations peoples. 

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Cumberland House Cree Nation: IR 100A Inquiry

Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background and submissions to Indian Claims Commission (ICC) regarding the unlawful surrender of 22,080 acres of reserve land. ICC concluded that Canada is responsible for the loss of use of the land since 1891, breach of Treaty and fiduciary duty, and recommends negotiation of settlement under Canada's Specific Claims Policy. Commissioners include: Renée Dupuis and Alan C. Holman. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
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Duncan’s First Nation Inquiry: 1928 Surrender Claim

Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background and submissions to Indian Claims Commission (ICC) regarding eight reserve surrenders, IR 151 and 151B-151H, under section 51, 1927 Indian Act. ICC determined Canada breached its fiduciary obligations regarding IR 151E and the claim be accepted for negotiation under the Specific Claims Policy. Commissioners include: Daniel J. Bellegarde, P.E. James Prentice, Carole T. Corcoran, and Roger J. Augustine. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
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Duncan's First Nation Wrongful Surrender Claim, Public Edition, September 2008

Documents & Presentations
Author/Creator
Indian Claims Commission
Description

FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Contents consist of historical documents, maps, reports, legal documents, transcripts, correspondence/letters, submissions and the Inquiry Report in English and French versions. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]

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The Duty of Consultation and Treaty No. 8

Documents & Presentations
Author/Creator
DGW Law Corporation
Description
Defines the level of consultation that the Crown is responsible for when dealing with a treaty First Nation and the obligations to implement treaty promises.
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The Duty to Consult and Accommodate Aboriginal Groups in Canada

Alternate Title
Policy Brief (Ivey Business School) ; September 2014
Documents & Presentations
Author/Creator
[Guy Holburn
Margaret Loudermilk
Andre Wilkie]
Description
Overview of the development of Aboriginal rights beginning with the Royal Proclamation of 1763 and general discussion of consultation practices in Canada.
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Enquête sur la Revendication de la Nation Crie de Cumberland House Relative à la RI 100A

Alternate Title
Cumberland House Cree Nation, IR 100A Inquiry (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical backround and submissions to Indian Claims Commission (ICC) regarding the unlawful surrender of 22,080 acres of reserve land. ICC concluded that Canada is responsible for the loss of use of the land since 1891, breach of Treaty and fiduciary duty, and recommends negotiation of settlement under Canada's Specific Claims Policy. (French language version) Commissioners include: Renée Dupuis and Alan C. Holman. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
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Enquête sur la Revendication de la Nation Crie de James Smith Relative à la RI 100A

Alternate Title
James Smith Cree Nation IR 100A Inquiry (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background, submissions, and recommendations from Indian Claims Commission (ICC) hearing to determine if Canada breached its obligations in taking an invalid surrender and in its subsequent disposition of the land. ICC found that James Smith Cree Nation was not owed any lawful obligations, but recommended that Canada's obligations dealing with the disposition of IR100A be negotiated with Cumberland House Cree Nation. (French language version) Commissioners include: Renée Dupuis and Alan C.
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Enquête sur la Revendication de la Nation Crie de James Smith Relative à la RI 98 de Chakastaypasin

Alternate Title
James Smith Cree Nation Chakastaypasin IR 98 Inquiry (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Final Report regarding the James Smith Cree Nation's claim challenging the validity of the surrender and sale of the Chakastaypasin Band's Indian Reserve (IR) 98. (French language version) Commissioners include: Renée Dupuis and Alan C. Holman. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
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Enquête sur la Revendication de la Première Nation de Duncan Relative à la Cession de 1928

Alternate Title
Duncan's First Nation Inquiry, 1928 Surrender Claim (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background and submissions to Indian Claims Commission (ICC) regarding eight reserve surrenders, IR 151 and 151B-151H, under section 51, 1927 Indian Act. ICC determined Canada breached its fiduciary obligations regarding IR 151E and the claim be accepted for negotiation under the Specific Claims Policy. (French language version) Commissioners include: Daniel J. Bellegarde, P.E. James Prentice, Carole T. Corcoran, and Roger J. Augustine. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
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Enquête sur la Revendication de la Première Nation de Fishing Lake Relativement à la Cession de 1907

Alternate Title
Inquiry Into the 1907 Surrender Claim of the Fishing Lake First Nation (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background and issues involved in Indian Claims Commission (ICC) hearing to determine the validity of the 1907 surrender. (French language version) Commissioners include: P.E. James Prentice and Roger J. Augustine. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
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Enquête sur la Revendication de la Première Nation de Kahkewistahaw Relative à la Cession de Terres de Réserve en 1907

Alternate Title
Inquiry Into the 1907 Reserve Land Surrender Claim of the Kahkewistahaw First Nation (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background, submissions and recommendations from Indian Claims Commission (ICC) hearing to determine if surrender was valid, complied with the provisions of the Indian Act and whether Canada's fiduciary obligations were met. ICC found that although the surrender was valid and unconditional, Canada had breached its pre-surrender fiduciary obligations in allowing it to take place. (French language version) Commissioners include: P.E. James Prentice and Roger J.
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Enquête sur la Revendication de la Première Nation de Key Relativement à la Cession de 1909

Alternate Title
The Key First Nation Inquiry 1909 Surrender Claim (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Final Report examines whether the claim of the Key Lake First Nations discloses a breach of Canada's "lawful obligations" to the First Nation under the Specific Claims Policy. (French language version) Commissioners include: P. E. James Prentice, Carole T. Corcoran, and Roger J. Augustine. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
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Enquête sur la Revendication de la Première Nation de Peepeekisis Relative à la Colonie de File Hills

Alternate Title
Peepeekisis First Nation Inquiry File Hills Colony Claim (French Version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Final report examines historical background and submission to Indian Claims Commission (ICC) regarding whether the Crown breached its fiduciary obligation by allocating reserve land (IR 81) to people outside of the Band. ICC found Canada breached its obligations and recommended the claim be a negotiated under Canada's Specific Claims Policy. (French language version) Commissioners include: Alan C. Holman, Renee Dupuis, and Sheila G. Purdy. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
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Enquête sur la Revendication de la Première Nation des Chipewyans D'Athabasca: Revendication Concernant le Barrage WAC Bennett et les Dommages Causés à la Réserve No 201

Alternate Title
Athabasca Chipewyan First Nation Inquiry: WAC Bennett Dam and Damage to Indian Reserve 201 [Inquiry Report, French Language Version]
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Indian Claims Commission Final Report which examines whether the Crown has obligations relating to damages sustained by the construction of the dam, French language version. Commissioners include : P.E. James Prentice, Carole T. Corcoran, Aurélien Gill. Historical background and submissions to the Indian Claims Commission (ICC) regarding Canada breaching its fiduciary obligations to the Band for environmental damages to Reserve 201 caused by construction and operation of the W.A.C. Bennett Dam.
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Enquête sur la Revendication de la Première Nation des Chippewas de Kettle et Stony Point Relativement à la Cession de 1927

Alternate Title
Inquiry Into the 1927 Surrender Claim of the Chippewas of Kettle and Stoney Point First Nation (French version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background and submissions to Indian Claims Commission (ICC) regarding whether the surrender was valid; whether Canada breached its fiduciary obligations. ICC found the surrender valid; that Canada breached its fiduciary duties; and the claim be negotiated under the Specific Claims Policy. (French language version) Commissioners include: Roger J. Austine and Daniel J. Bellegarde. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
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Enquête sur la Revendication du Conseil Tripartite des Chippewas: Première Nation de Beausoleil, Première Nation de Chippewas de Georgina Island, Première Nation des Chippewas de Mnjikaning (Rama): Concernant la Cession de la Réserve de Coldwater-Narrows

Alternate Title
Chippewa Tri-Council Inquiry: Beausoleil First Nation, Chippewas of Georgina Island First Nation, Chippewas of Mnjikaning (Rams) First Nation: Coldwater-Narrows Reservation Surrender Claim (French version)
Documents & Presentations
Author/Creator
Indian Claims Commission
Description
Historical background of claim presented to the Indian Claims Commission (ICC) concerning the validity of the surrender of the reserve to the Crown. No inquiry was conducted as the claim was accepted for negotiation under the Specific Claims Policy. (French version) Commissioners include: Roger J. Augstine, Daniel J. Bellegarde, and Renée Dupuis. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]
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The Expectation of Justice

Articles » Scholarly, peer reviewed
Author/Creator
Denielle Boissoneau-Thunderchild
Indigenous Law Journal, vol. 5, no. 1, 2006, pp. 1-50
Description
Explores the Crown's obligations to a First Nation claimant leading up to and following the settlement of a specific claim.
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The Fiduciary Obligation of the Crown to the Indians

Articles » Scholarly, peer reviewed
Author/Creator
Richard H. Bartlett
Saskatchewan Law Review, vol. 53, no. 2, 1989, pp. 301-325
Description
Examines various cases with respect to fiduciary obligations of the Crown, and argues that there seems to be a movement to discount the distinction between surrendered and unsurrendered reserve land.
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Fishing Lake First Nation, 1907 Surrender Claim

Documents & Presentations
Author/Creator
Indian Claims Commission
Description

FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Consists of historical documents, maps, correspondence/letters, bulletins, legal documents, transcripts, submissions and the English and French versions of the Final Report. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]

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Former National Chief Leads Court Challenge [Bill C-61]

Articles » General
Author/Creator
Paul Barnsley
Windspeaker, vol. 20, no. 4, August 2002, p. 1
Description

Looks at Federation of Saskatchewan Nations chairman of the executive council of the senate, David Ahenakew, who talked about legal action against the Crown, claiming Prime Minister Jean Chretien and Indian Affairs Minister Robert Nault breached their fiduciary duty by increasing their control and power over the affairs and government of First Nations.

Entire issue on one pdf. To access article scroll to p.1.

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Government Definitions of Indian Status

Alternate Title
OAHAI Manual
Documents & Presentations
Author/Creator
Ontario Aboriginal Health Advocacy Initiative
Description
Brief document covers topics of groups falling under the term Aboriginal, treaty rights, and fiduciary responsibility.
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Indian Claims Commission Proceedings (1998) 10 ICCP

E-Books
Author/Creator
Indian Claims Commission
Description
Report and responses for: Sturgeon Lake First Nation Inquiry, Red Deer Holdings Agricultural Lease Claim; Chippewa Tri-Council Inquiry, Chippewas of Beausoleil First Nation, Chippewas of Georgina Island First Nation, Chippewas of Rama First Nation, Collins Treaty Claim; Friends of the Michel Society Inquiry, 1958 Enfranchisement Claim; and the Athabasca Chipewyan First Nation Inquiry, W.A.C. Bennet Dam and Damage to Indian Reserve 201 Claim. Commissioners include: Daniel J. Bellegarde, P. E. James Prentice, Roger J. Augustine, and Carole T. Corcoran.
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