On February 21st, the Federal Minister of Crown-Indigenous Relations and Northern Affairs, Gary Anandasangaree, said at a news conference that 14 Saskatchewan First Nations involved in an Agricultural Benefits Claim would receive a combined settlement of $1.72 billion. Sometimes referred to as the “cows and plows” claim, the Agriculture Benefits claim addresses Canada’s failure to provide First Nations with the agricultural provisions promised under Treaties 5, 6, and 10. Through these Treaties, Canada promised ploughs, seeds for important crops, livestock such as cows and bulls, and other farming necessities like hand tools such as spades, scythes and axes, as well as bigger equipment. These agricultural benefits were to facilitate an economic transition to an agrarian lifestyle. Agricultural Benefits are a collective Treaty right. These promises were made to provide economic benefits to the Nation as a whole and are different than individual Treaty rights such as the right to hunt, trap and fish. As a result of Canada’s failure to fulfill these Treaty promises, First Nations did not have the equipment needed to support their members. The First Nations being compensated in this settlement include Ahtahkakoop Cree Nation, James Smith Cree Nation #370, Little Black Bear First Nation, Ministikwan Lake Cree Nation, Moosomin First Nation, Mosquito-Grizzly Bear’s Head-Lean Man First Nation, Pasqua First Nation, Piapot First Nation, Pelican Lake First Nation, Poundmaker Cree Nation, Saulteaux First Nation, Sweetgrass First Nation, Waterhen Lake First Nation, and Witchekan Lake First Nation.
Treaty 6 stated agricultural benefits were to be provided “ONCE AND FOR ALL”. Unlike some other Treaty benefits, such as Treaty annuities, the Agriculture Benefit is a one-time obligation, not an ongoing one. Once the settlement is finalized, First Nations and their members will no longer be able to bring a claim against Canada relating to its failure to provide agricultural benefits, agricultural instruction or any other claims related to agriculture benefits according to the terms of Treaty 6. By accepting the claims for Agricultural Benefits, Canada is finally fulfilling a long, outstanding Treaty promise for the benefit of the current and future members.
One Arrow First Nation (OAFN) initiated an Agricultural Benefits Claim with the federal government in 2022. In December 2024, the claim was accepted, and negotiations began. A settlement of approximately $128 million has been offered, and earlier this month, several presentations were held in different urban areas to discuss options, answer questions, and discuss voting. In-person meetings were scheduled in Saskatoon, Regina, Prince Albert, North Battleford, and Edmonton from February 6 through February 9th and also live-streamed on Facebook via “Chief and Council- One Arrow First Nation”. In attendance was Chief Baldhead, the legal team – MLT Aikins represented primarily by lawyer Sonia Eggerman. Eggerman explained that the uncertainty of what will happen in Ottawa once parliament is recalled creates a time crunch in which to accept this proposal. The proposed settlement can only be accepted by a membership vote, and once a vote is held, a settlement agreement and a trust agreement will be drafted. There is a clause that states “some must go to a trust”, but it does not state an amount. The clause states that the First Nation cannot pay out 100 percent of the funds to individuals, some must be held in trust or the settlement will be broken, and members were informed that “legal advisers have strongly advised against it.” The meetings were to “get input on the trust agreement.” Three options for per capita distribution (PCD) were brought to the table: $15,000 (~28%); $20,000 (~36%); $25,000 (~45%). A second lawyer with MLT Aikins explained more about how trusts work. He emphasized that trusts earn income yearly, and this can be used as annual payments to OAFN for such things as funding community initiatives, educational funding, and individual member payments like Christmas bonuses. As the legal team explained, it then becomes a balancing act between PCD, which occurs immediately, and income from the trust, which will continue providing monies to families and individuals into the future. “One of the main purposes of the Trust is to protect the collective interest of the Nation.”
First Nations often pay their members a Christmas Bonus from extra revenue in their Revenue Fund, and in the first presentation, OAFN members were reportedly told they were looking at a smaller payout and, in exchange, they would receive a Christmas bonus two to three times larger than what would normally be given. Some members objected to this, saying it just takes their money from one ‘envelope’, puts it in another, and says it is two different things.
An urban member of OAFN reached out and stated in an email that “during these presentations Chief Janine Baldhead, in conjunction with the hired legal team, has managed to dodge all questions concerning amounts, helping people of today, and inquiries as to why the PCD payment is the lowest across Canada as of today. OAFN has been offered approximately $128 million, and with just under 2300 members, this averages out to roughly $55,000.00 per person. During these presentations, the chief and council have repeatedly stated members would be looking at receiving $15-20K per person. This means over 60% of each member’s PCD would go to the reserve and a trust.”
A PCD of $128 million averages $55652.17 based on 2300 members; $15,000 therefore represents only 27 percent of the total, leaving 73 percent going into a Trust. Increasing the payout to $20,000 still only puts 36 percent into the hands of the members and 64 percent in the Trust. A one-time payout of $15,000 to 2300 members would leave approximately $93.5 million to go into a Trust. According to a presentation held at OAFN and streamed on Facebook, with a hypothetical 6 percent interest, the $93 million would grow, in 30 years, to an estimated $296 million, (this subtracts income paid out to band members every year), while $69 million would grow to an estimated $291 million with the same hypothetical interest and time.
The worrying point rests in the presentation in which it was stated that the trust monies would also be available for the Council to access for ‘community improvements’ and that the interest does not need to be reinvested into the Trust. Another concern is that the Trust can also be used as collateral when taking out loans for projects, with the danger that all of the interest generated could be needed to pay back those loans. The lawyer did state that safeguards could be included in the trust agreement when created, but that did not ease the minds of many members.
Registered psychiatric nurse Mikayla Edy-Lizuck, an urban member who works in leadership, described a survey that members were asked to complete as “extremely biased” and contained “passive-aggressive wording, persuading their members and guilting them into choosing a low payment. They preach this is a vote of the people, but it does not come off that way.” The survey was said to get members’ opinions on which of those three options to take and provided a space, “Other,” but she questioned whether elders or those unfamiliar with technology would be able to complete the survey. “I would hate to have such a toxic and manipulative wording in a survey that is being sent out to the elderly, who may not know how to work surveys, and to people who might not know there are other options aside from 50 – 80 percent of the money not going to us.”
Mikala further shared that the Chief and Council said that other First Nations who have received settlements with large PCDs have seen an uptick in overdoses and an escalation in drug use, and she acknowledged that these are valid concerns. Whether the amount is $15,000 or greater, those in the throes of addiction may decide to feed their addiction. At the end of the day, however, it is still a negative assumption that no member is capable of responsibly handling money and doing what is in the best interest of their family. “It feels disrespectful to the members to stereotype everyone.”
“Being First Nation, we are all about community. We do everything as a group: storytelling, sweat lodges, traditional births with mothers and female elders; everything centres around the group and community. But this comes off as a dictatorship hierarchy. There is no indication that elders were involved.”
Another member commented on Facebook in response to the survey, “…you’re missing the bigger picture. We have filled out the survey, but why are we being told what to do with our own money and not given a choice? The survey tells us our options when we weren’t even apart [sic] of the ‘options’ in the first place. A survey means a decision has been made for us, without us. …why aren’t we treated like responsible adults who can invest their own money for their own future generations IF they so choose to have them?”
From the outset, the Chief and Council said they would look at what other First Nations were doing regarding the amount of disbursement to members versus trust, however, members question whether this even occurred. A lack of transparency and trust is reflected in the comments posted on Facebook and in members’ conversations.
“Chief and council discuss how people are recovering from residential schools and sixties scoop but how about the grandchildren of those individuals who are struggling with intergenerational trauma and struggling financially with this economy? The reserve has done nothing but give us hope since 2019 to now bringing forth the crooked truth; that they want over 60 percent of the $128 million offer and the interest it would accumulate.”
“Why do we as band members always have to help our leadership out? We did this before, and [the] chief and council used most of it.”
One Arrow’s survey results will be used to determine what will be brought to the membership for a vote.
By Carol Baldwin, Local Journalism Initiative Reporter
Original Published on Feb 27, 2025 at 17:56
just give us our share $35000 and keep the rest for band office
Have you received anything, yet?