Surrender Claim Trust

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Visit us at: www.peguissurrendertrust.com

Mission Statement

The Surrender Trust will honour the Peguis First Nation’s cultural traditions and maintain the pride of the members by collaborating with the community to move from dependency to self-sufficiency, which will build a foundation for economic growth for members and the well being of the community for all time.

Background

On June 29, 1998, after 91 years of struggle by Peguis First Nation, Canada confirmed it agreed with Peguis that the 1907 surrender of the St. Peter’s Reserve was void and legally invalid due to Canada’s failure to comply with requirements of the Indian Act of 1906. Canada and Peguis entered into negotiations to compensate Peguis for its loss of land and economic loss as a result of this illegal surrender.

On June 13, 2009, Peguis members voted in favour of the proposed settlement claim and the agreement was ratified by the parties on October 4, 2010.

The total settlement amount was $126,094,903. Upon payment of settlement costs and legal fees Canada deposited $118,750,000 in to the Peguis First Nation Surrender Claim Trust. Of this amount $10,500,000 was set aside for a per-capita payment to the beneficiaries. The duties and responsibilities of the Trustees are contained in the Trust Agreement.

Each year the Trustees are required to provide Chief and Council and upon request, any member of Peguis First Nation with financial statements for the Trust as well as a report on the administration of the Trust. The report describes the income and expenditures of the Trust, the activities of the trustees and a report on the investments of the Trust.

Community Fund Trustees

Hal Sutherland – Chair
Lloyd Sinclair
Robert Delorme

Financial Trustees

Errol Wilson
Elva McCorrister
Bill Williams – Corporate
Rob Magnusson, CA

Surrender Claim Trust

The SCT addresses how the compensation for the illegal surrender of the St. Peter’s reserve at Selkirk in 1907 is to be managed and approved through a process which includes elected trustees. Again the Surrender Claim Trust is separate from both the Implementation Unit and the TLE Trust. Under section 14.2 of the SCT Agreement, the Trustees are able to claim expenses related to their duties with exception of the honorarium of which has to be approved by the beneficiaries. Section 14.2 provides:

“14.2 Reimbursement of Expenses
All costs, charges and expenses, including the Trustees’ compensation and out-of-pocket expenses incidental to the carrying out of the terms of this Agreement, shall be paid out of the Trust Property and shall be a first charge on the Trust Property, and the Financial Trustees shall allocate these costs, charges and expenses between the Income and capital of the Trust Property in the proportion the Financial Trustees, in their discretion, consider appropriate”

The Surrender Claim Trustees administer these expense claims through the Corporate Trustee of which is Mr. Bill Willms of TD Canada Trust. The Agreement provides for the filing of annual activity reports which are posted on the Peguis web site. The report for 2012 includes a section on Expenditures Incurred for the Period and provides a breakdown of expenses and fees for 2012, including expenses for the Surrender Claim Trustees. An Annual Audit is also conducted each calendar year for the Surrender Claim Trust of which would include the expenses of the Trustees.

Visit us at: www.peguissurrendertrust.com