Treaty Land Entitlement Implementation Office

Background

Mis-Koo-Kinew (Henry Prince), the son of Chief Peguis, was the Chief to sign Treaty 1 on August 3, 1871. He signed Treaty on behalf of the “St. Peter’s Band” as the Peguis First Nation was then called. Under the written terms of Treaty 1, Peguis was entitled to160 acres of reserve land for each family of 5 persons to be held in common by the band. In addition, all Chiefs signing Treaty 1 had been orally assured by the Treaty Commissioners that the amount of land already occupied by Band members would not be included in the calculation of the amount of common Reserve to be set aside for the First Nation under Treaty 1. Peguis did not at that time receive all of the Reserve to which it was entitled under Treaty 1. This shortfall in land amount is called an outstanding “Treaty land entitlement” or TLE.

On June 29, 1998, Canada acknowledged that Peguis First Nation (PFN) had not received sufficient land to fulfill the requirements of the Per Capita Provision of Treaty Number 1. On September 7, 2007 after years of negotiation the Peguis First Nation, Manitoba and Canada signed the Treaty Entitlement Agreement (TEA) providing to Peguis 55,038 acres of Crown Land for Selection and 111,756 acres of Other Land (or private land) for Acquisition. The TEA also provides guidelines on the process and principals in which land will be Selected and Acquired. Peguis will have up to 9 years to select its Crown Land Amount and up to 25 years to purchase Other Land as required in the TEA.

The TEA originally also provided Peguis with a land purchase fund of $56,372,215.00 to be used for purchasing land and related administration expenses. The purchase fund is administered through the Peguis First Nation Trust (TLE) by the Financial Trustees. Peguis was also provided with a $5,000,000.00 Community Fund of which is to be used for community purposes as defined in the TLE Trust and of which the fund expenditures are controlled by the Community Fund Trustees.

The TLE Trust and TEA set out that certain money of the settlement set aside for the land purchase fund will be provided for implementation purposes, including the establishment and ongoing funding to the TLE Implementation Unit. Each year the TLE Trust provides for up to $350,000.00, subject to inflation, to be set aside each year for the TLE Implementation Unit.

For more information on the Peguis TLE Trust, please see: peguistletrust.ca

TLE Implementation Unit Structure And Mandate

Roles and Responsibilities:

The Peguis First Nation TLE Implementation Unit will provide leadership and management in implementing the Peguis First Nation Treaty Entitlement Agreement (TEA). Our main mandate is to ensure the successful purchase, and selection, of up to 166,794 acres of land and to ensure it’s converted to Reserve. The following is a brief summary of our unit’s responsibilities:

• Develop policies and plans on implementation of the Treaty Entitlement Agreement;
• Ensure land Selection and Acquisition procedures and principals are met;
• Monitor the conversion of land to Reserve status;
• Develop Organizational and Management Plans;
• Ensure Peguis First Nation meets responsibilities and obligations as per the Treaty Entitlement Agreement.

As mentioned, our main mandate is to ensure Peguis First Nation fulfills its responsibilities and obligations according to the TEA. The TEA is legal agreement with Canada and Manitoba and thus the provisions contained in it continue until implementation is completed. These responsibilities and obligations are provided for in provision 28.04 of the TEA and are as follows:

“28.04 Best Efforts of Peguis:

Peguis will use it best efforts:

a) to ensure that appropriate personnel are assigned to fully and effectively discharge Peguis’ obligations under this Agreement;
b) to provide promptly to Canada and Manitoba relevant information and materials required to facilitate the fulfillment of the terms of this Agreement, the release of which is not prohibited by law;
c) to complete the Land Selection Study;
d) to physically inspect land to be Selected or Acquired;
e) to Select or Acquire land in accordance with the Principles up to its Total Land Amount;
f) to negotiate and conclude legal arrangements for the purchase of Other Land to be Acquired;
g) to expedite the timely preparation of the transfer of title to Other Land Acquired to Canada upon notice from Canada;
h) to identify and resolve Third Party Interests;
i) to negotiate a Municipal Development and Services Agreement with a Municipality where required if land has been Selected or Acquired in a Municipality;
j) to provide ongoing orientation of Peguis personnel to the requirements of this Agreement to encourage and foster a positive and productive working relationship between and among its personnel, Canada and Manitoba;
k) to report to the Members on the implementation of this Agreement on a timely basis; and
I) to participate in the Peguis Implementation Committee and dispute resolution processes as required.”

The TLE Implementation Unit’s mission statement is as follows:

Mission Statement

The TLE Implementation Unit will: strive to protect the Treaty and Aboriginal Rights; and fulfill the Treaty Land obligations for the Peguis First Nation as set out in the Treaty Entitlement Agreement.

The TLE Implementation Unit is responsible to and for reporting directly to Chief and Council on all of its activities and management. The TLE Implementation Unit is financially funded through the Peguis First Nation TLE Trust and must request funds from the Financial Trustees each year for its Annual Budget of which is provided for under the Peguis First Nation TLE Trust Agreement. The TLE Implementation Unit must also prepare financial statements and conduct an Annual Audit for all of its expenditures each calendar year.

For more information on our Annual Reporting and or Crown Land Selections, please contact us at:

Peguis First Nation, TLE Implementation
628 Main Street
Selkirk, Mb.
R1A 1W5
Toll Free: 1-877-482-4613
Phone: 1-204-482-4613
Facsimile: 1-204-482-4682
www.peguisfirstnation.ca