$2.5-billion Edmonton land claim proceeding to trial

Canadian Press
Dec 27, 2006
Globe & Mail

EDMONTON -- Five people who say they are descendants of a small Indian band will get to take their land claim for a swath of south Edmonton worth $2.5-billion to trial, an appeal court has ruled.

In a ruling filed last week, Mr. Justice Jean Côté of the Alberta Court of Appeal overturned a September, 2004, Court of Queen's Bench ruling and decided the group will get to argue their case at trial.

"As the lands once constituting the cancelled reserve are now a big part of Edmonton, any amount of money presumably could be huge," Judge Côté noted in his written decision.

"I'm ecstatic and relieved," said Chief Rose Lameman of the Papaschase Indian band. "This is the first positive decision we've had."

Ms. Lameman, 51, is the great-great-granddaughter of Chief Papastayo. He signed a treaty in 1877 for an area of about 130 square kilometres.

Ten years later, that land was lost in what she calls "an illegal surrender."

It was an event she heard about frequently as she was growing up. Ms. Lameman left the province to pursue a social-sciences degree at the University of Ottawa, but when she returned to run the Calgary Native Women's Shelter, she became immersed in the issue.

She was elected chief of the band in 1999 and two years later they filed the class-action lawsuit against the federal government.

The band, which is not officially recognized by the federal government, wants its status reinstated and compensation for the reserve land it surrendered in 1886.

The land is now occupied by thousands of homes and businesses.

In the 1800s, the newly formed Papaschase Indian band got a reserve that members quickly abandoned, Judge Côté's decision says. The small band was made up of about 80 people, about 10 of them adult males.

Some members gave up their status as treaty Indians and became Métis, while others moved to other reserves and joined other bands.

The government then cancelled the reserve, sold the lands and handed money from the sale over to the Enoch band. It is believed that about 10 Papaschase members moved to the Enoch reserve.

In the lawsuit, the band argues that the land sale was invalid because a majority of male band members needed to vote to approve the land's surrender. There is evidence that only three men signed the surrender.

The Crown has argued the land sale was properly authorized and that the plaintiffs have no right to sue because they do not represent the Papaschase band and are not successors to the land's title.

After the lawsuit was filed, the Crown tried to have it thrown out. A Court of Queen's Bench judge largely dismissed the lawsuit two years ago, but the band appealed.

In its recent decision, the Court of Appeal rejected and criticized argument after argument from the band's lawyer.

However, Judge Côté acknowledged that they could be living descendants of the tiny band who might have a claim on the land. Descendants of about 10 Papaschase band members who moved to the Enoch band might have some special standing to make a land claim, he added.

The complex land claim on behalf of Papaschase descents should go to court so a judge can decide on the issues, Judge Côté wrote.