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    Bearspaw First Nation Statement of Claim - Nov. 25, 2025

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    Bearspaw First Nation Statement of Claim - Nov. 25, 2025

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    Bearspaw First Nation Statement of Claim – Nov. 25, 2025

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    Bearspaw First Nation Statement of Claim – Nov. 25, 2025

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    Bearspaw First Nation Statement of Claim – Nov. 25, 2025

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    611 views39 pages

    Bearspaw First Nation Statement of Claim - Nov. 25, 2025

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    Bearspaw First Nation Statement of Claim – Nov. 25, 2025

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    'soTOs LLP ‘55 University Ave, Unit 600, “Toronto, ON MSJ 2H7 ‘David Sterns dstems@eotos.ca ‘Monsen Sedigh msesdigh@sotos ca ‘Adi Abdulla ‘aabuula@eotes ca Maria Robles. “Tek (418) 97-0007 Fax (416) 977-0717 NOTICE TO DEFENDANT(S) You are being sued. You are a defendant Go to the end of this document to see what you can do and when you must do i Noto: State bolow only facts and not evidence (Rule 13.6) Statomont of facts r DEFINITIONS. In this Statement of Ctaim, the folowing terms have the folowing meanings: “Class” means: (“Nation Class”: the plain, Bearspaw First Nation, as well as all other Treaty 7 Nations that opt into this class proceeding in the manner to be specified by the Court; and o) © @ (i) "Member Class”: al persons (including their estates, executors, or personalrepresentatives) who are ‘a. _ Indians of Treaty 7 Nations: and b. entitled to receive payments pursuant to Treaty 7 from Canade; “Class Period” means: {For the claims o* the Nation Class and Member Class relating to the payment ofthe individual annuities of $5, $15 and $25, from the signing (of the Treaty upto and including the date on which this action i certified a8 a class proceeding: and 4) For the caims ofthe Nation Class relating to the payment ofthe sum of {$2,000.00 in the form of ammunition, or an otherwise agreed upon benefit of equivalent value, from January 1, 1973 up to and including the date on which this action is certified 2 class proceeding “Constitution Act 1882” means the Constitution Act, 1982, being Schedule ‘Bto the Canada Act 1982 (UK), 1982, ¢ 11; “Grown” means His Majesty the King in right of Canada, all of his predecessors, and al of their agents, including but not limited to: (0) the former Department ofthe Interior (i the former Department of Indian Affairs; © @ ) (ithe former Department of Indian Affairs and Northem Development; (u)the Department of Indigenous Services: (W) the Department of Crown-Indigenous Relations; (wi)the Ministers, Deputy Miniatora, Superintendents General, Deputy ‘Superintendents-General, Chief Superintendents, Superintendents, Indian Commissioners, and Indian Agents of those departments; (wil) the Indian Affairs Branch and its Secretaries; (vil) the Governors of British North America, the Province of ‘Quebec, and the Province of Canada; (x)the Govemors General and Prime Ministers of Canada; and () the Lieutenant Governors of all Canadian provinces and teritories; "HBC" means the Hudson's Bay Company; “Indian Act” means the indian Act, RSC 1985, c L6 and all predecessor statues; "NW" means the North West Company; "Reserve" has the same meaning as set out in section 2(1) of the Indian ‘Act, but limited tothe reserves granted to Trealy 7 Nations; () "Royal Proclamation’ means the Royal Proclamation made by King Geoige Ill on October 7, 1763, RSC 1985, App Il, No 1; © “Treaty 7" means Treaty 7 between Her Majesty the Queen and the Blackfoot and Other indian Tribes, at the Blackfoot Crossing of Bow River and Fort Macleod, United Kingdom and Treaty 7 Nations, 22 September 4877; and (&) "Treaty 7 Nations" means: (0) Bearspaw First Nation (i) Chink First Nation {i Kainai Nation (Blood Tribe) (Ww) ikon First Nation (0) Siksika First Nation (WiyTsuutina First Nation (ui) Goodstoney First Nation OVERVIEW 2. In 1877, representatives of five Fist Nations peoples ~ the Sikska (Blackoo!), Kainai (Blood), Pikani (Peigan), Stoney-Nakoda and Tsuutina (Sarcee) ~ entered into ‘solemn promises with the Grown, which became known as Treaty 7. As the product of ‘the special relationship between the Crown and Aboriginal Peoples, Trealy 7 constituted ‘a sui generis agreement that was aimed at achieving reconciliation, ‘3. Inexchange for peace and the rights to use and occupy more than 130,000 square kilometres spanning from the central range of the Rocky Mountains east to the Cypress Hi {and from the United States border north to the Red Deer River, the Crown committed ‘to take those First Nations under its protection 4. Through this new relationship, the Crown promised that these First Nations and ‘heir members would have the means to ensure their survival in the face of the ‘encroaching settlement andthe host of social, economic and personals stemming from ‘colonization. One ofthe key promises made by the Crown was to make annual payments ‘to the Fist Nations and their members (as futher specified below, the “Annuities") 5. Although net enaugh to live on, the Annuities caried substantial purchasing power atthe time. They were enough to allow an industrious family to “purchase what [they] may see fi" to make a lving and survive the winter. It was never the intention ofthe parties thatthe Crown would exploit the Class. ‘6. The promise made through Treaty 7 was to provide, at minimum, the same level of purchasing power forall future generations — "to last as long as that sun shines and ‘yonder river flows... for your children, grand-children, and children unborn” 7. Since 1877, the value of money has declined substantially asthe prices of goods and services have increased, stripping away all meaningful purchasing power associated “wit the Annuities Meanwhile, the value ofthe land and resources claimed by Canada ‘through Treaty 7 nas grown astronomically. Today. the area provides homes for mare than 1.5 milion people and has yielded blions of dollar in revenue for the Crown and settlers. ‘8. This manifestly inequitable outcome is at odds withthe intention of the Annuities ‘commitmentin Treaty 7: to provide at least that same level of purchasing power— agreed {to in 1877 —for a future generations, and higher as the Crown derived more value from the land, ‘9, The consecuence of the Crown's conducts its continued exploitation ofthe Class, 10. Pursuant fo the promises made and the duties and obligations expressed or implied therein, uder Treaty 7 the Crown was required to periodically revisit and ronew “Treaty 7 as a wrote, including the Annuity payment provisions, ensuring the Crown achieved its obligation of honourable dealing wih the Class through its ongoing interpretation and implementation of Trea 7, which ata minimum required the Crown to increase the Annuities to mainiain the purchasing power at the level agreed and to augment the Annuities to reflect the promises made by the Crown tothe Class to provide ‘terms no les favaurable to those granted inthe Robinson-Huron and Robinson-Supetior “treaties, which recuired the Crown to increase the Anuiis in real terms if the value of ‘the land and the Crown's revenues from the land increased, 11, The Crown has failed to dligently implement its Treaty 7 obligations in these respects and breached Treaty 7 as a result. The Annuities are an empty shell of the Crown's original treaty commitment, 12, This is a claim on behalf of Treaty 7 Nations, and individual members ofthe Treaty "7 Nations. The clsim seeks the difference between the Annuities that should have been paid (adjusted for urchasing power and augmented to reflect the increased value of the land claimed by the Crown through Treaty 7 — and the Crown's revenues therefrom) and the Annuities that were actually paid, from 1877 to the present. um, FACTS (Background to the Treaties 13, Fist Nations have lived on the lands now known as Canada since time limmemorial. When French and Briish settlers arived, they applied the racist doctrine of discovery, purpoting to transfer racial tle tothe teritory to their European monarchs ‘and leaving First Nations with only a derivative tite (now recognized as Aboriginal tte). 14, Sill, that derivative te was a legal right. To use the land, the settlers would need to make treaties with the Fist Nations 15. For atime, there was a measure of peace, exhibited by various alances and ttoaties between the Bish or French and First Nations inthe east. The Britsh made an allance with the Haudenosaunee, now known asthe Covenant Chain. The Britsh needed this allance — and the consequent suppor or neutrality of Fst Nations — to conquer the French in Canada, 16. Unfortunately, once the British conquered the French, they started to take a less ‘egaltarian approach to their dealings with Fist Nations 47 tnaspanse, in 4783, Odawa Chief Pontiac led a simuttanaous altack on 12 British forts. This was ne minor conflict. More than 500 Brlish troops perished. The viability of British North America was at stake. @ The Royal Proclamation 18. To quell this serious threat, and in an effort to restore a cooperative relationship With First Nations, King George Ill sued the Royal Proclamation to offically claim the territory for Britain and then publicized it widely among First Nations. 19. The Royal Proctamation recognized that First Nations owned all unpurchased land In the teritory now known as Canada. It prohibited any subject from purchasing that land, forcing First Nations to negotiate with the Crown, The Crown thereby undertook a ‘iduciary duty to First Nations when purchasing land from First Nations, (i) The Treaties Before Confederation 20. In the decades following the Royal Proclamation, as the Province of Quebec expanded, successive Governors and their agents purported o purchase lands from First Nations. The Province of Quebec's consideration was usually negotiated and ald in goods, butthen recorded in monetary figures representing the value of those goods. From the perspective ofthe First Nations, what they received was a quantity of goods, 21. After the War of 1812, the Crown could no longer afford to make lump sum payments, 50 it switched to offering annual payments, called annuities. 22. For example, the 1817 Selkirk Treaty (concerning an area adjoining the teitory at ‘issue in this case) provided for an annuity as a quantiy of goods: “one hundred pounds. Weight of good and merchantable tobacco’. 23. Annuities were consistent with traditional First Nations treaty-making practices, Which required the parties to exchange gifts of real value, which evolved over time. As the Royal Commission on Aboriginal Peoples explained 24. Aboriginal treaties were modelled on the forms of marriage, adoption and kinship. They were aimed at creating living relationships and, like a mariage, they required periodic celebration, renewal, and reconciliation. ‘Also like @ marriage, they evolved over time; the agreed interpretation of the relationship developed and changed with each renewal and generation of children, as people grew to know each other better, traded, and helped defend each other ... treaties were not a series of specific promises in contracts; rather they were intended to grow and flourish as broad, dynamic relationships, changing and growing with the parties in @ context of mutual respect and shared responsibly. ‘The value of goods exchanged was also intended to increase withthe value of the land being shared, as exemplified by the augmentation clause in the Rebinson-Huron and Robinson-Superior treaties of 1850, These clauses required the Crown to increase annuities up to $4 per person if the value of the land ~ and the Crown's revenues therefrom — increased to the point where it could do so “without incurring a loss" (ie. ifit ‘obtained more revenue from the land than it would pay outwith a $4 annuity). The Crown was then required to further increase ennuites in a manner consistent withthe folowing factors, as summarized by the Supreme Coutt of Canada: ‘the number of treaty benefciaies and their needs; the benefits the ‘Crown has received trom the territory and its expenses during the relevant timeframe; the wider needs of other Indigenous populations and ‘the non-indigenous populations of Ontario and Canada; and the rindples and requirements flowing from the honour of the Crown, Inciuding ts duty to dligently imploment its sacred promise to share in ‘the wealth ofthe land i t proved profitable. 25, As explained further below, the Crown promised that Treaty 7 would match the Robinson-Huron and Robinson-Supetior treatise. The Crown was required to inex the Annuities tothe level that would maintain purchasing power as soon as it made more revenue from the land than it would pay out by increasing the Annuities. The Crown was. then further required to increase the Annuities in a manner that reflected the increasing value of the land and the Crown's revenues therefrom, (ii) The Promises at Confederation 26. At Confederation, the responsibiliy to make treaties with First Nations was transferred to Canada. In the frst ever session of Canada’s Parliament, in an address directly to Her Majesty Queen Vieira, Prime Minister Slr John A. MacDonald promised to make and implement treaties in an equitable manner, consistent with Canada's fiduciary duty and the Honour ofthe Crown: Upon the transference of the teritories in question to the Canadian Government, the ciaims of the Indian tribes to compensation for lands required for purposes of settlement will be considered and settled in conformity with the equitable principles which have uniformly governed the British Crown in its dealings with the aborigines, (i) The Numbered Treatios 27, Between Confederation and 1921, the Crown signed 11 treaties with First Nations, \which authorized the Crown to use and occupy Fist Nations'lands in exchange for certain promises. 28, Those treaties, known as the "Numbered Treaties", cover the majority ofthe land now known as Canada, The image below shows what lands the Crown had the right to tse and occupy before Confederation, and what lands the Crown obtained the rights to use and occupy in the Numbered Treaties. 29. The Crown understood the Numbered Treaties as more than just a land purchase. Rather, they created ongoing moral and legal obligations to care for the First Nations peoples whose lands the Crown would be allowed to use and occupy. Alexander Mortis, Leutenant-Governor of Manitoba and the Crown's negotiator for Treaties 3 through 6, ‘explained in his memoir thatthe Crown did not want the treaties tobe: _amete grasping thirst of teritorial aggrandizement, but... a proper sense of the responsibilities to be assumed in regard to the wellbeing of the native and other inhabitants, 30. All ofthe Numbered Treaties had a common philosophy and purpose. The Crown Wanted to use the vast majority ofthe land for settlement, navigation, and mining. To do 0 without angering the First Nations, the Crown sought to convince First Nations to abandon hunting, fishing, and trapping — a way of ife that occupied a targe amount of land — and instead pursue farming, which could be done on a relatively small amount of reserved land. 31. To convince the First Nations to adopt a farming lifestyle, the Crown made an overarching promise that it would improve the First Nations’ quality of Ife. This included having sufficient money to meet their basic needs — extending not only tothe generation signing the treaties, but also to all future generations. 32. Each of the Numbered Treaties provides that the Crown would — for each signatory First Nation — set aside a certain number of acres as reserve land, provide assistance in transitioning toa sustainable agricultural mode of life, and provide various ‘other payments and benefits tothe First Nation and its members, jluding the Annuities, ‘Some of the treaties also provide for health and educational supports. All of these ‘benefits served the overarching purpose of ensuring the survival and improving the qualiy of life for Treaty peoples, including future generations. Negotiation of the Numbered Treaties (The. Common Factual Matrix of Z 33, Treaty 7 was the last ofthe series of numbered treaties negotiated and signed in the 1870s, following Treaties 1 through 6, which were concluded between 1871 and 1876. With the negotiation and conclusion of these treaties happening around the same time, they were premised on similar factors and considerations by both the First Nations and the Crown. During the negotiations of Treaty 7. Lieutenant-Governor of the Northwest Territories David Laird stated: “The Queen wishes us to offer you the same as was accepted by the Crees. | do not mean exactly the same terms, but equivalent terms. 34, This statement was made in reference to the earlier treaties, specifically Treaties 4 through 6, signed with Cree Nations across westem Canada, Accordingly, historical evidence on the preceding Numbered Treaties informs the interpretation of Treaty 7 and 35, Agents forthe Crown confirmed thatit was the Crown's intention to create a kinship ‘elationship with First Nations. In his address opening negotiations on Treaty 1, Lieutenant-Governor of Manitoba Adame Archibald stated: Your Great Mother, the Queen, wishes to do justice to all her children alike. She will dea fairly with those of the setting sun .... Your Great Mother ... wishes her red children to be happy and contented. She Wishes them to lve in comfort, 30, This kinship language — describing the Queen as "Great Mother to First Nations — was intended to invoke the principle of wahkahtowin, an unwriten code of conduct based on reciprocal and ongoing duties of nurturing and caring. This language was Intended to cause the First Nations signatories to expect continuous support at the level necessary 1 ensure that they were nurtured and cared for by the Crown, 37. One way the Crown intended to provide continuous support was through the payment of annuities, The Crown understood that the future costs were intended to be ‘meaningful and substantial ~ worth much more than the on-time payments made atthe time the reais were signed. Acting in his capacity es Secretary of State for the Provinces, he Lisutenant Governor of Manitoba and fst chief Crown negotiator, Adams Archibald, sen eter te the Crown in Ottawa saying ar we shal have to incur a considerable expenditure for presents of food, et during the negotatione: but any cost fr that purpose | shal deem amatier of minor consequence, The ral burden to be consisered fs that which hes to be bore each ecuring year 38, Throughout the negotiations of the Numbered Treaties, agents for the Crown ‘convinced Fist Nations o accept anuitesin part by arguing thal hey would be suflent to purchase the aroducts that they needed. During negotiations for Treaty 4, Alexander Monts sate: When fh are scarce and the butalo are not plentiful the Queen} would like fo nlp you to put something inthe land, she would like that you should nave Some money every yea to buy things that you need 38, This was similarly stated during the negotatins for Treaty 7, whersin Lieutenant. ‘Governor Laird satec in very few years the buffalo wil probably al be destroyed, and for this reason the Queen wishes to help you ive in the future in some other way. We will give you something to eat each year ... From us you receive ‘money to purchase what you may see fi 40. Likewise, on November 3, 1871, immediately after signing Treaty 1, Indian Commissioner Wemyss Simpson sent a letter to the Crown in Ottawa, saying: ‘The system of an annual payment in money | regard as @ good one, because the recipient is enabled to purchase just what he requires ‘The sum of three dollars does not appear to be large enough to enabie an Indian to provide himself with many of his winter necessities; but a6 he receives the same amount for his wife or wives, and for each of his children, the aggregate sum is usually suffcient to procure many comforts for his family which he would otherwise be compelled to deny himself, 41, Inthe same letter, Mr. Simpson explained thatthe Pembina bands received certain fonectime payments in the form of money, even though the treaty described these as, payments of goods, because “it could make no diference whatever to their great Mother Whether these things were given in kind or in money value" 42, The text of Treaties 1 and 2 confirms this understanding that cash and goods were Interchangeable. Referring to the annuities to band members, it says: such payments to be made in such articles as the Indians shall require of Diankets, clothing, prints (assorted colours), twine or traps ... of otherwise ... in cash, 43, Throughout the negotiations of the Numbered Treaties, agents for the Crown promised First Nations thatthe annuities would allow them to adequately care for future generations, a key goal of First Nations during the treaty-making process, 44. First Nations interpreted all of these promises as a guarantee that annuities, in conjunction with the other benefts provided under treaty, would increase their quality of life and, at a minimum, provide for their basic needs of food and warmth in perpetully. 45. _Dunng tne negotiations for reaty 1, Mr. Archibald explained thatthe Crown’ ean do for you no more than she has done forher red children in the East. ‘She will not do less for you because you are her children alle, and she must treat you alike, 48, The term ‘re chien in the East refered to the Fist Nations subject to the Robinson-Huron and Robinson-Superior treaties, described above, The statement “She will not do less for you" was Intended to assure the Trealy 7 Nations that they would receive the same benefits as those in the Robinson-Huron and Robinecr-Superior treaties, including the augmentation clause 47. Prior to signing Treaty 7, the Treay 7 Nations heard about the commitments in the Rebinson-Huron and Robineon-Superior treaties — incusing ther augmentation clauses — a8 well asthe earlier Numbered Treaties and how the First Nations understood those promises. During the negotiations for Treaty 7, the Crown repeated many of those Promises tothe Trealy 7 Nations and argued thatthe Trealy 7 Nations should accept ‘Treaty 7 because ofthe success ofthe preceding Numbered Treaties in raising those First Nations’ quality of Ife. These promises, assurances, and understandings informed the manner in which Treaty 7 Nations understood Treaty 7 © The Terms of Treaty 7 © The Land Subject to the Treaty 48, The Text of Treaty 7 states that Trealy 7 Nations would “cede, release, surrender and yield up ... for ever, all their rights, tiles and privileges" to an area of land covering ‘approximately 190,000 square kilometres. The Trealy 7 Nations understood this language ‘as authorizing the Crown to use and occupy the land, which had been their experience in Dior treaties negotiated with other Nations and the United States. The concept of a ppermenent cession was foreign to them, 49, The land area covered by Treaty 7 was extremely valuable to the Crown, with its ‘acquisition being required in order to connect British Columbia to the rest of Canada ‘through the transcontinental ratiway that had been promised in the early 1870's. Without the negotiation and conclusion of Treaty 7, the Crown would not have been able to make ‘good on its promise to Bish Columbia to complete the transcontinental railway, making the Treaty highly advantageous tothe Crown. ‘50. Further, the land sutject to Treaty 7 includes oll sands, as well as deposits of coal, ‘copper, imestone, salt, shae, sandstone, potash, on, sulphurand zine. Allofwhich have ‘since made non-indigenous Canadians billons of doias, and results in billions of dollars ‘of revenue for the Crown each ye ‘51. The following image shows the bounderies ofthe land covered by Treaty 7: (Commitments by the Crown 52, _Inexchange forthe Crown's use and occupation ofthe Treaty 7 land, the Treaty 7 Nations were promised a small fraction of the land covered by the trealy set aside as ‘eserves, agricultural and educational assistance, various one-time payments and goods, and recurring benefit, including the Annuities. 53, Treaty 7 Nations and their members were also promised the following recurring payments, refered to inthis claim as “Annuities” @ © © ® {for each member of a Treaty 7 Nation, $5 per year, pad in cash; {for each Chief, $25 per year, paid in cash; {for each minor Chief or Councilor, $16 per year, paid in cash; and the sum of $2,000 per year, pid inthe form of ammunition, orn the event ‘ammunition became comparatively unnecessary, then with the consent of “Treaty 7 Nations, $2,000.00 per year paid ao etherwiae for thelr benef, to be shared amongst al Treaty 7 Nations. (ii) How the Parties Understood the Annuities @) Annuities Represented Purchasing Power 154, The Treaty 7 Nations agreed to the terms of Treaty 7 to ensure their members would alvays be able o avoid starvation and have the money to purchase the necessities to-make a living. They also all agreed thatthe Crown would meet with them as needed to augment the Annuities in teal terms as the value of the land and the Crown's revenues therefrom increased. The Crown agreed to the terms of Treaty 7 fo secure peaceable settlement and development of the west, specifically to allow for the completion of the transcontinental railway, and to prevent armed rebellion, 55, The Annuities were writen as monetary figures, but represented a level of purchasing power. The Crown had promised to care forthe future generations of Treaty 7 Nations, which meant providing Annuities to those future generations thal cany the at least same purchasing power a those monetary figures were worth in 1877. This is how the parties understood the promise of Annuities at the time they were agreed to. The ‘Annuities must be understood as giving effect to that common intention ofthe parties, (0) There lave Anticipated Inflation 58, When Treaty 7 was signed in 1877 every mejor economy in the world was onthe old standard. This meant the value of cash, or banknotes, was fixed by statute and the currency issued by Canada represented a specific quantity of gold which could be Converted on demand upon presentation ofthe banknote at a franca institution orto the (Crown, By fixing the value of cash, nether party had to consider whether the value would Increase or decrease. 57, _Inpractice, the gold standard had a deflationary effect and Canada was in a period described by some scholars as the Great Deflation. In tis period, prices stayed flat or even slightly declined; accordingly, the dolar kept its value, or even increased in value, overtime. For example, behveen 1873 and 1875, the value of adoliar increased by almost 10%; that is, prices decreased by almost 10%. It would have been reasonable to expect the purchasing power to increase over time, as it had forthe past couple of years ‘58. After haifa century of stable prices, and in the midst of @ period of declining prices, no one could have reasonably expected that prices would raplly rise, and the purchasing power of te Annuities Would rapily fall as a result, (0) The Crown Undertook an Ongoing Relationship of Trust and Mutual Assistance with the Class, the Detals of Which Were fo be the Object of Ponnanent Negotiations 58, The Crown's assertion of sovereignty over the Class gave rise to a sui generis legal relationship between the Crown and the Class, which is reflected in Testy 7, which represents an exchange of solemn promises and obligations — and which isa sui generis ‘agreement, asthe product ofthe special relationship between the Crown and the Class that is aimed at achieving reconciliation. 80. More generally, the parties understood that the Crown undertook a broader ‘obligation of economic partnership and dilgent implementation, pledging to meet Periodically to adjust the terms — e.g. increasing the Annuities if and when appropriate —0 a to achieve the intent ofthe partie and to ensure the Class was not exploited by the Crown. As the Royal Commission on Aboriginal Peoples explained: ‘There was substantive agreement that the treaties established an ‘economic partnership from which both parties would benefit .. The principle of far exchange and mutual benefit was an integral part of ‘ueaty making .. These principles, which were part and parcel ofthe teeaty negotiations, were agreed upon throughout the oral negotiations for Treaties 1 through 11. They were not always discussed at length, and in many cases the writen versions of the treaties are silent on them... They expected to meet periodically with their treaty partner to make the necessary adjustments and ‘accommodations to maintain the treaty relationship. 81. The economic partnership intent of Treaty 7 inched the Crown's promise to give Treaty 7 Nations terms comparable to those of the Robinson-Huron and Robinson- Superior weatles, which induded augmentation clauses, It therefore commited to augmenting the rea value of the Anuitie if the value ofthe land claimed by the Crown through Trealy 7 ~ and the Crown's revenues thereftom = increased, This is consistent with the note above about the parties expecting 1o mest periodically to “make the necessary adjustments’ D. The Crown Reneged on Its Promises (The Crown Stopped Providing Relief, Food. and Gitts 62. It did not take Jong for the Crown to start reneging on its promises to Treaty 7 Nations. 3. In 1880, facing mounting budget pressures — annuities by then represented 15% of the entire federal budget - Prime Minister John A, MacDonald ordered that Annuities be paid on reserve rather than at HBC trading posts, His goal was to eliminate the feasts and gits that the HBG had always provided to Ftst Nations during large meetings — including meetings to pay Annuities -the provision of which was an implied term of Treaty 7. () Annuities Became en Empty Shell of a Promise 184, As described above at paragraph 54-61, the pais had @ common intention that ‘the Annuities should represent a certain level of purchasing power and should be ‘augmented in eal terms to ensure the Clas was never exploited, Despite this, the Crown never increased the Annuities to maintain purchasing power, much ess di ft augment ‘thom inal terms. The result hes been that, overtime, inflaton has eliminated almost all ‘ofthe purchasing power associated with the Annuities, andthe Class has been exploted ‘as a result. 185. Other measures of inflation and purchasing power paint a similar picture: a. Between 1870 and 1877, the annual salaries of carpenters for the HBC in ‘Alberta ranged from $120 to $128. Today. the average salary for carpenters In Alberta is just over $72,000. This suggests that there has been a more than §60x increase in solaris b. Around 1800, the HBC was seling bacon in Edmonton for $0.15 per pound, ‘and Congou tea for up to $0.50 per pound. Today, the prices are closer to {510.00 and $40.00 per pound, respectively. This suggests that there has been between a 66x and an 80x increase in food prices. ©. Around 1900, the HBC was seling 4-point (Le. double bed) biankets in Edmonton for $10, and the highest quality tweed coats for $5.50. Today, HIBC sells the same 4-point blankets for $400 and tweed coats for up to 51,000. This suggests that there has been between a 40x end a 180x Increase in cloth and clothing prices. 66, The Crown was to a large extent responsible for ths inflation, which is at least partially a product of exponentially increasing government spending. 67. Having promised certain level of purchasing power, and then contributing to creating inflation that destroyed that purchasing power, the Crown was required to increase the Annulties to compensate Buti did not. To this day, the Crown continues to pay Annuities atthe orignal, unadjusted fgures capturing fe necessities and expenses frozen in time (ii) ‘The Crown Neglected the Purpose of Annuities 68, At the time Treaty 7 was entered into, al partes understood the Annules as @ Guarantee of a minimum level of material securty inthe face of worsening economic consitons. But as inflation stripped away thelr purchasing power, the Crown increasingly came to see Annuities as merely symbol. In the 1940e, a senior offcial at the Department of indian Affairs noted that treaty money is only a token of good fait’. 69. Even more periciously, the Crown started to see the Annuities not as a treaty promise the Crown made to the Treaty 7 Nations and their members, but as a means of sureillance and control. In 1946, T.R.L. Macinnes, the secretary of the Indian Affairs Branch, explained that: W)e know where our treaty Indians are, because they have treaty tickets. They have to have that ticket in order to get thelr payments, sO they always keep it and never lose... people will give information for 2 consideration which they will nt give otherwise; so, if for no other reason, | believe ito be worth while having that annual treaty payment to enable us to keep such good track of our Indians, E, The Plaintiffs’ Experience (—Boarspaw First Nation 70, The plaintiff. Bearspaw Fist Nation (‘Bearspaw’), is a Treaty 7 First Nation ‘comprised of four reserves located both west and south of Calgary, in present day Alberta, ‘The traditional territory of Bearspaw spanned from the Great Plains to the Rocky ‘Mountain foothils and over the mountain passes into the interior of present-day British Columbia, 71. Today, members of Bearspaw live primary on four reserves: Stoney Indian Reserves No. 142, 143, 144 and Eden Valley Indian Reserve #218. Approximately 1,781 ofthe total 1,983 registered members of Bearspaw reside on-resene, with the remainder living offeserve, 72, Bearspaw members speak the Stoney Nakoda language, which derives from the Nakoda dialect and is part of the Sioux-Assiniboine language family 73. On September 22, 1877, Bearspaw, along withthe other Treaty 7 Nations, signed ‘Treaty 7. Since that ime: 2. members of Bearspaw have received an annual payment of $5 each year, b. Council members receive an annual payment of $15; The Chief receives an annual payment of $25; and 74, In the almost 150 years since the signing of Treaty 7, these payments have not been increased. During this same time, Bearspaw and its members have experienced a serious and ongoing increase in their basic day-to-day expenses and cost of living pressures. i) Ammunition Provision 68. Treaty 7 provides forthe payment ofthe sum of $2,000.00 per year, inthe form of ‘ammunition, to be distrbuted amongst Treaty 7 Nations, or in the event ammunition became comparatively unnecessary, then wih the consent of Tealy 7 Nations, $2,000.00 per year paid as otherwise for their benefit. However, the Crown has flied to fulfil this promise since the signing of the Treaty 69. In 1973, a setlement was entered into between Treaty 7 Nations and Canada to address Canada's false to provide ammunition sufficient to full its Treaty promise for the time period spanning from the signing ofthe Treaty up to and including December 31, 41972, Despite this, Canada failed to make any adjustments to the monetary value provided to Trealy 7 Nations in relation tothe ammunition promise going forward 70. Asa result, Teaty 7 Nations have continued to fail o receive the intended benefit promised by the Crown since 1973. As with the annuities payments promised to individuals under the Trealy, the Crown's conduct in relation tothe promise to provide ‘ammunition, oF some other agreed upon benefit of equivalent value, disregards the promises made through the signing of Treaty 7 and resulted in exploitation ofthe Class. (Gi) Chief Darcy Dion 78. Chief Darcy Dixon is a member and current Chief of Bearspaw. 76. Chief Dixor was bom in High River, Alberta on May 2, 1984, and has resided in [Bearspaw for his entire le, 77. Chiet Dizon was frst elected as a member of Council in 1994, and he served one term as Councilorat that time. In 2000, Chef Dixon was elected as the Chief of Bearspaw ‘and he continued in that role until December 2008, serving four two-year terms. Chief Dixon was then reelected as Chien August of 2011, and he has continuously served ‘a5 Chief of Bearsraw since that date. 78. Outside of his roles with Chief and Council, Chief Dixon was previously employed ‘as the Assistant Drector for Stoney Tribes Social Development from approximately 1980 to 1994, and as the Executive Director for Stoney Tribes Adult Treatment Centre from approximately 1937 to 1999, He also held positions with Alberta Health Services, including as their Native Liaison Worker from approximately 2008 to 2011 79. _Ineach year since his bith, aside from his ime as a member of Chief and Counci, Chief Dixon has received the $5 Treaty Annuity payment. During his term as a council member, he received the $15 Annuity payment, and during his terms as Chief, he received the $25 knnuity payment. 80. tno point aver the course of Chief Dixon's ifetime have any ofthe Treaty Annuity payments been increased. Despite this, Chief Dixon, along with other members of his ‘community and other Treaty 7 Nations, has experienced significantincreases in the costs associated with their basic necessaties of life, such as housing, groceries and clothing IV. CAUSES OF ACTION () The Crown Breached Treaty 7 (The Proper interpretation ofthe Annuities 81. Treaty 7 requited that the Annuities be adjusted for purchasing power for the following reasons, described above: (a) (o) © ‘The Treaty 7 Nations asked for a treaty to ensure that their members would always be able to avoid starvation and have the money to buy What they needed to make a living. Ifthe Annuities are not adjusted for purchasing power, that purpose is not achieved. One of the Crown's objectives in the negotiations was for Annuities to {enable Fist Nations to purchase the things they needed to switch to an agricultural Hestyle, so a8 to be able to make @ ving and survive the Winter Ifthe Annutes are not adjusted for purchasing power, that purpose of Treaty 7 is not achieved. ‘The Crown represented to Treaty 7 Nations that its members, now and forever in the futur could rely upon their Great Mother, the Queen, to protect them from starvation. This promise is inconsistent with allowing the Annuities to lose essentially all oftheir purchasing power. {@) An agent of the Crown communicated to their superiors that they Understood the Annuities as aeing equivalent to purchasing power and being larger inthe future. (e) The parties’ understandings of the Annulies were informed by the long history of treaties equating monetary figures with goods o purchasing ower, such that Annuities were intended to retain their purchasing power. (The partes’ understandings ofthe Annuities was informed by the long history of gts or regular payments increasing overtime, evolving as the relationship between the parties strengthened. (@) The Crown and the Treaty 7 Nations understood that Treaty 7 gave the Grown the right to use and occupy 130,000 square kilometres of valuable land, with valuable sources and mineral rights, that would be worth a lo in the future, Indeed, the minerals alone turned out to be ‘worth bilions of dollars. The Treaty 7 Nations were only wiling to give ‘that up for certainty that al oftheir future generations would be taken cate of. That is inconsistent with Annuities losing essentially al oftheir purchasing power. {h) The parties negotiated Treaty 7 against the backdrop of pressure imposed by the Crown and the settles authorized by the Crown, all to ‘the dishonour of the Crown. The Treaty 7 Nations adverted to this in their request for negotiations, thereby calling for the Crown to reinstate its honour by reversing the harms of settlement. The Annuities were the ‘method chosen to reinstate the honour of the Crown, and relied on the premise that, with access to sufficient, annual purchasing power, the Treaty 7 Nations would be able to overcome this pressure. 82, Thoaly 7 also required thatthe Crown augment the Annuities, In real terms. As described above, the Crown promised terms atthe same level as those granted in the Robinson-Huron and Robinsor-Superior trates, which included augmentation clauses. ‘Those clauses require the Crown to augment Annuities, in real terms, ifthe value ofthe land and the Crown's revenues therefrom increases to level which would exceed the cost of an increase. As described above at paragraph 50, that precondition is amply satisfied asthe Crown receives billons of dollars each year in revenues rom the lands ‘covered by Treaty 7. (i) The Annuities Were Not Adjusted or Avamented 183, As described above, inflation has eliminated almost all of the purchasing power ‘associated withthe original fgures for the Annuities in 1877. The Crown was required to increase Annuities to maintain purchasing power, and then augment the Annuities in real terms, butt failed to do so, and continues to pay only the original values. B. The Crown Breached its Constitutional, Fiduciary, and Equitable Duties 184, The honour of the Crown i invoked in the Crown's performance of Treaty 7 (2) the partes clearly intended to create an obligation on the Crown to pay the Annuities every year; ) @ the Crown made this promise to the Treaty 7 Nations, the negotiations entailed a measure of solemnity, starting with formal introductions and ceremonies; and the overall purpose of Treaty 7 was to reconcile the Treaty 7 Nations’ ‘ownership over and possession of the relevant teritory with the Crown's

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