PC Number: 2003-1459

Date: 2003-09-26


(T.B. Rec. 830860)




 

                Whereas the Thunderchild First Nation Band submitted a specific claim to Canada in 1986 concerning the validity of a surrender in 1908;

 

                Whereas Canada accepted the claim for negotiation in 1993;

 

                Whereas Canada, without admitting liability on the claim, has agreed to enter into a Settlement Agreement;

 

                Whereas the Thunderchild First Nation Band and Canada wish to implement the terms, conditions and procedures set forth in the Settlement Agreement;

 

                Whereas, in accordance with the Indian Referendum Regulations, a ratification vote was held on September 4, 2003, to consider the Settlement Agreement and the absolute surrender of all rights and interests to the lands described in article 4 of the Settlement Agreement pursuant to sections 38 and 39 of the Indian Act, and a majority of the eligible voters voted and a majority of these voters approved the proposed Settlement Agreement and the absolute surrender and authorized Chief and Council of the Thunderchild First Nation Band to enter into the Settlement Agreement;

 

                And whereas the Thunderchild First Nation Band / Canada Settlement Agreement was signed by the Chief and Council in accordance with the majority vote of the eligible voters;

 

                Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development and the Treasury Board, hereby

 

(a) authorizes the Minister of Indian Affairs and Northern Development to enter into the Thunderchild First Nation Band / Canada Settlement Agreement on behalf of Her Majesty in right of Canada, a summary of which is set out in the annexed schedule; and

 

 

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(b) pursuant to paragraph 39(1)(c) of the Indian Act, accepts the Instrument of Absolute Surrender contained in article 4 of the Settlement Agreement, which absolutely surrenders the described lands.