Treaty Land Entitlements in Manitoba
Between 1871 and 1910, 58 First Nations in Manitoba signed a series of treaties with the Crown, known as the numbered treaties. Each of these treaties provided reserve land to be set apart by the Government of Canada for a First Nation. The size of reserve land was based on a First Nation's population and the per capita formula in the treaty. In Manitoba, the majority of First Nations received their entire land allocations under their treaties. However, some First Nations did not. Treaty Land Entitlement (TLE) agreements fulfill federal obligations to provide sufficient amounts of reserve land as part of those treaties.
In 1930, the federal government passed a series of Natural Resources Transfer Acts (NRTA) which transferred federal control of lands and natural resources to the prairie provinces: Alberta, Saskatchewan and Manitoba. The Government of Canada had gained control when it purchased the land from the Hudson's Bay Company in 1870.The NRTA also included a legal requirement that the prairie provinces, including Manitoba, must provide unoccupied Crown land to the Government of Canada to assist in fulfilling its outstanding land-related treaty obligations to First Nations.
Between 1994 and 2009, the Government of Canada and 29 Manitoba First Nations, with the Province of Manitoba either as a party to those agreements or as a signatory to a linked bilateral agreement with Canada, agreed on how to address the shortfall through TLE Settlement Agreements. As a result, there are the following TLE Settlement Agreements, at various stages of implementation, in Manitoba:
- 21 through the Manitoba TLE Framework Agreement (although 6 First nations are yet to ratify their TLE agreements under the framework);
- 8 under individual TLE settlements
Under these agreements, Canada and Manitoba committed to adding up to 1.4 million acres to reserve and to pay $190 million for land purchases and processing costs. Manitoba's primary obligation is to provide over 1.2 million acres from unoccupied Crown land. The balance will be acquired from private land owners who are willing to sell.
The Manitoba TLE Framework Agreement (1997)
The Manitoba TLE Framework Agreement was signed on May 29, 1997, by the Government of Canada and the Province of Manitoba and the TLE Committee of Manitoba Inc., on behalf of 19 (but now 21 due to band division) Manitoba First Nations with outstanding TLEs. This agreement provides for the 21 First Nations to select or acquire a total of just over 1.1 million acres that may be added to reserve. Provincial Crown land, which is transferred to Canada and subsequently set apart for TLE reserve creation, will comprise 985,949 acres. The remaining 114,677 acres, is to be purchased from willing sellers.
To find out more, consult the chart summarizing the Framework Agreement.
Individual TLE Settlements
The first TLE settlement in Manitoba was reached with the four Island Lake First Nations (Wasagamack, Red Sucker Lake, Garden Hill and St. Theresa Point) in March 1994. The settlement agreement included 100,000 acres of Crown land for reserve and payment of $9 million plus disbursements.
In August 1994, a TLE settlement was reached between the Government of Canada and the Long Plain First Nation. It included a payment of $16.5 million to be used by the Long Plain First Nation to purchase between 4,169 and 26,437 acres for reserve.
In March 1995, a TLE settlement was reached between the Government of Canada and the Swan Lake First Nation. It included a payment of $10.4 million to be used by the Swan Lake First Nation to purchase between 4,484 and 13,035 acres for reserve.
In March 1996, a TLE settlement was reached between the Government of Canada and the Roseau River First Nation. It included a payment of $14 million to be used by the Roseau River First Nation to purchase between 5,861 and 16,218 acres for reserve.
In April 2008, a TLE settlement was signed between the Government of Canada and the Peguis First Nation. It included a payment of $64 million and up to 166,794 acres for reserve. (55,038 acres of Crown land and 111,756 acres eligible for purchase.)
The Government of Canada is working with First Nations in Manitoba to meet outstanding TLE obligations.
Summary of TLE Land Converted to Reserve by First Nation
|Entitlement First Nation||Agreement||Crown Land to be Selected||"Other Land" Amount to be Purchased or otherwise Acquired||Total Crown and "Other Land" under the Agreements||Acres Converted to Reserve as of March 1, 2015|
|Barren Lands||Framework Agreement||66,420.00||0.00||66,420.00||0.00|
|Buffalo Point||Framework Agreement||3,432.00||607.00||4,039.00||2,369.70|
|Bunibonibee (Oxford House)||Framework Agreement||35,434.00||0.00||35,434.00||31,342.34|
|Fox Lake||Framework Agreement||26,391.00||0.00||26,391.00||0.00|
|Garden Hill||Island Lake Agreement||44,907.00||0.00||44,907.00||43,530.07|
|God's Lake||Framework Agreement||42,600.00||0.00||42,600.00||16,301.77|
|Long Plain||Long Plain Agreement||0.00||26,437.00||26,437.00||1,910.68|
|Manto Sipi (God's River)||Framework Agreement||8,725.00||0.00||8,725.00||4,284.00|
|Marcel Colomb||Framework Agreement||17,007.00||0.00||17,007.00||0.00|
|Mathias Colomb||Framework Agreement||217,364.00||0.00||217,364.00||172,538.49|
|Norway House||Framework Agreement||104,784.00||0.00||104,784.00||42,045.60|
|Red Sucker Lake||Island Lake Agreement||9,487.00||0.00||9,487.00||8,943.64|
|Rolling River||Framework Agreement||2,356.00||44,756.00||47,112.00||5,468.53|
|Roseau River||Roseau River Agreement||0.00||16,218.00||16,218.00||74.80|
|Sayisi Dene||Framework Agreement||22,372.00||0.00||22,372.00||0.00|
|St. Theresa Point||Island Lake Agreement||34,413.00||0.00||34,413.00||35,185.80|
|Swan Lake||Swan Lake Agreement||0.00||13,035.00||13,035.00||8,773.35|
|War Lake||Framework Agreement||7,156.00||0.00||7,156.00||480.40|
|Wasagamack||Island Lake Agreement||11,193.00||0.00||11,193.00||13,628.30|
|Wuskwi Sipihk||Framework Agreement||44,168.00||14,722.00||58,890.00||25,189.82|
|York Factory||Framework Agreement||29,173.00||0.00||29,173.00||0.00|
The highlighted First Nations have not yet executed their agreements.
The total land amount for all TLE agreements is 1,423,110.29 acres.
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