1985 - Today:
1985 - Specific Claim filed alleging that (1) that the enfranchisement of various band members in 1928 and the entire Band in 1958 were invalid; and (2) that Canada breached its statutory and fiduciary duties in relation to various surrenders of reserve land obtained from the Michel Band in the early 1900s
Canada's View: the Specific Claims Policy limited the submission of claims to recognized bands, and refused to consider the alleged impropriety of the surrenders. Aspects of the claim were considered to determine whether the claimants were entitled to be recognized as a band. Canada concluded that the Michel descendants were not entitled to such recognition.
1989 - Bill C31 makes it possible for members to reclaim Indian Status under the various sections of the amended Indian Act. An unacceptable factor is that the current Indian Act has no provision for restoring our members and their descendants who were enfranchised under Section 112 of the Previous Indian Act.
1991 - Surviving Michel Band Members invited to meet in Enoch for an assembly. 158 people attend and Gilbert Anderson (great-grandson of Michel Callihoo) is elected Chief
1995 - Michel Band requests the Indian Claim Commission (ICC) inquire into the refusal to accept a claim on behalf of the Friends of Michel Society.
1998 - Indian Claims Commission (Jim Prentice, co-chair) issues its report. The Commission found that the wording of Bill C-31 did not give Band status to the Michel Band and found the Specific Claims Policy applied only to Bands. However, ICC believed that Canada's position allowed Canada to benefit from the enfranchisement provisions which were repealed in their entirety in 1985, due to their discriminatory in nature and illegality in the face of the Charter of Rights.
"If the Michel Society is correct in its assertions that certain reserve lands surrendered by the Michel Band in the early 1900's were improper and invalid...this would result in manifest unfairness if Canada was allowed to ignore its legal obligations and not have to account for the damages suffered by the Michel Band and its descendants... Further, it is our view that this result....is unfair because it would allow Canada to benefit from past discrimination."
Finally, the ICC recommended: that Canada grant special standing to the duly authorized representatives of the Friends of Michel Society to submit specific claims in relation to alleged invalid surrenders of reserve land for consideration of their merits under the Specific Claims Policy.
1999 - The Standing Senate Committee on Aboriginal Peoples meets February 16 in Ottawa to examine and report upon aboriginal self-government. Then, Chief Gilbert Anderson and Legal council, Karin Buss meet with committee to discuss the Michel Band's issue. http://www.parl.gc.ca/36/1/parlbus/commbus/senate/com-e/abor-e/20ev-e.htm?Language=E&Parl=36&Ses=1&comm_id=1
February 27, 2001 - Statement of Claim filed by the Friends of Michel Society in the Court of Queen’s Bench of Alberta after Minister of Indian Affairs, Robert Nault, rejects the ICC Recommendation… ‘based on its continued view that specific claims, as defined in the Specific Claims Policy, can only be advanced by Indian Bands or groups of Indian Bands recognized under the Indian Act.’ The Society was required to file this claim so that its claims would not be extinguished by the passage of time as a result of the Alberta Limitations of Actions Act.
August 2002 - Statement of Claim served. Canada demands extensive particulars from Plaintiffs, which were provided
August 7, 2003 - Canada brought a motion to strike the Plaintiff's claim that this is frivolous or vexatious. A Court hearing was held to determine whether the Plaintiff's could bring evidence in support of its claim.
November 10, 2003 - Justice Hillier heard Canada's application to strike the Statement of Claim
December 19, 2003 - Justice Hillier dismissed Canada's motion to strike and awarded the Plaintiffs costs of the application
November 22, 2004 - Canada applied for Summary Judgement (an application in which Canada must prove that no trial is necessary because the evidence is overwhelmingly against the Plaintiffs or for some other reasons the Plaintiffs are bound to lose)
January 13, 2005 - The Plaintiffs brought a motion to amend to remove most of the historical claims or wrongful surrenders. The statute of limitations does not permit the court to make judgements about wrongs that occurred more than 10 years ago.
May 27, 2005 - The Plaintiff's application to amend was granted and no costs were awarded.
July 01, 2005 - Alberta filed a new motion for summary judgement
July 14, 2005 - Canada filed a new motion for summary judgement.
September 8 - 9, 2005 - Alberta and Canada's motion heard by Justice Hillier
February, 2006 - Jim Prentice, Former co-chair of the ICC named Minister of Indian and Northern Development and Federal Interlocutor for Metis and Non-Status Indians. Summary judgement application brought by Canada and Alberta was heard by the Court. Justice Hillier dismissed the Michel Band's claim against Alberta and dismissed some aspects of the claim against Canada.
March 13, 2006 - Appeal filed against Canada and Alberta. Letter sent to Minister Prentice by Chief Rosalind Callihoo regarding the recommendation of the ICC (while he was co-chair), Specific Claim, litigation and funding
May 23, 2006 - The Plaintiff discontinued the Appeal (and action) against Canada.
June 21, 2006 - Response from Jim Prentice received. He declines to meet as well as to discuss the issue of reinstatement of Band Status and specific claim issue until the claim has come to an end. Athough the department has funded the FMS in the past, he states it is: "not within its current authorities...."
August. 2006 - Appeal books were filed and served. Minister Prentice declines a request to meet with Chief Callihoo and to discuss the recommendations of the ICC.
2007 - Small Victory! Court of Appeal overturned Justice Hillier's decision reinstating the full action and dismissing the Summary Judgement application by Canada in its entirety.
March 20, 2008 - Treaty 6 Chiefs recognize Michel First Nation as a member of Treaty 6 and call on Federal Government to restore recognition of the descendants and members of Michel First Nation as an Indian Band within the meaning of Section (2) of the Indian Act
April 22, 2008 - Amended Amended Amended Statement of Claim filed
May 7, 2008 - Amended Amended Statement of Defence filed by Canada
June 26, 2008 - Reply to Amended Amended Statement of Defence
2009 - Summation of documents in preparation for trial
Canada's View: the Specific Claims Policy limited the submission of claims to recognized bands, and refused to consider the alleged impropriety of the surrenders. Aspects of the claim were considered to determine whether the claimants were entitled to be recognized as a band. Canada concluded that the Michel descendants were not entitled to such recognition.
1989 - Bill C31 makes it possible for members to reclaim Indian Status under the various sections of the amended Indian Act. An unacceptable factor is that the current Indian Act has no provision for restoring our members and their descendants who were enfranchised under Section 112 of the Previous Indian Act.
1991 - Surviving Michel Band Members invited to meet in Enoch for an assembly. 158 people attend and Gilbert Anderson (great-grandson of Michel Callihoo) is elected Chief
1995 - Michel Band requests the Indian Claim Commission (ICC) inquire into the refusal to accept a claim on behalf of the Friends of Michel Society.
1998 - Indian Claims Commission (Jim Prentice, co-chair) issues its report. The Commission found that the wording of Bill C-31 did not give Band status to the Michel Band and found the Specific Claims Policy applied only to Bands. However, ICC believed that Canada's position allowed Canada to benefit from the enfranchisement provisions which were repealed in their entirety in 1985, due to their discriminatory in nature and illegality in the face of the Charter of Rights.
"If the Michel Society is correct in its assertions that certain reserve lands surrendered by the Michel Band in the early 1900's were improper and invalid...this would result in manifest unfairness if Canada was allowed to ignore its legal obligations and not have to account for the damages suffered by the Michel Band and its descendants... Further, it is our view that this result....is unfair because it would allow Canada to benefit from past discrimination."
Finally, the ICC recommended: that Canada grant special standing to the duly authorized representatives of the Friends of Michel Society to submit specific claims in relation to alleged invalid surrenders of reserve land for consideration of their merits under the Specific Claims Policy.
1999 - The Standing Senate Committee on Aboriginal Peoples meets February 16 in Ottawa to examine and report upon aboriginal self-government. Then, Chief Gilbert Anderson and Legal council, Karin Buss meet with committee to discuss the Michel Band's issue. http://www.parl.gc.ca/36/1/parlbus/commbus/senate/com-e/abor-e/20ev-e.htm?Language=E&Parl=36&Ses=1&comm_id=1
February 27, 2001 - Statement of Claim filed by the Friends of Michel Society in the Court of Queen’s Bench of Alberta after Minister of Indian Affairs, Robert Nault, rejects the ICC Recommendation… ‘based on its continued view that specific claims, as defined in the Specific Claims Policy, can only be advanced by Indian Bands or groups of Indian Bands recognized under the Indian Act.’ The Society was required to file this claim so that its claims would not be extinguished by the passage of time as a result of the Alberta Limitations of Actions Act.
August 2002 - Statement of Claim served. Canada demands extensive particulars from Plaintiffs, which were provided
August 7, 2003 - Canada brought a motion to strike the Plaintiff's claim that this is frivolous or vexatious. A Court hearing was held to determine whether the Plaintiff's could bring evidence in support of its claim.
November 10, 2003 - Justice Hillier heard Canada's application to strike the Statement of Claim
December 19, 2003 - Justice Hillier dismissed Canada's motion to strike and awarded the Plaintiffs costs of the application
November 22, 2004 - Canada applied for Summary Judgement (an application in which Canada must prove that no trial is necessary because the evidence is overwhelmingly against the Plaintiffs or for some other reasons the Plaintiffs are bound to lose)
January 13, 2005 - The Plaintiffs brought a motion to amend to remove most of the historical claims or wrongful surrenders. The statute of limitations does not permit the court to make judgements about wrongs that occurred more than 10 years ago.
May 27, 2005 - The Plaintiff's application to amend was granted and no costs were awarded.
July 01, 2005 - Alberta filed a new motion for summary judgement
July 14, 2005 - Canada filed a new motion for summary judgement.
September 8 - 9, 2005 - Alberta and Canada's motion heard by Justice Hillier
February, 2006 - Jim Prentice, Former co-chair of the ICC named Minister of Indian and Northern Development and Federal Interlocutor for Metis and Non-Status Indians. Summary judgement application brought by Canada and Alberta was heard by the Court. Justice Hillier dismissed the Michel Band's claim against Alberta and dismissed some aspects of the claim against Canada.
March 13, 2006 - Appeal filed against Canada and Alberta. Letter sent to Minister Prentice by Chief Rosalind Callihoo regarding the recommendation of the ICC (while he was co-chair), Specific Claim, litigation and funding
May 23, 2006 - The Plaintiff discontinued the Appeal (and action) against Canada.
June 21, 2006 - Response from Jim Prentice received. He declines to meet as well as to discuss the issue of reinstatement of Band Status and specific claim issue until the claim has come to an end. Athough the department has funded the FMS in the past, he states it is: "not within its current authorities...."
August. 2006 - Appeal books were filed and served. Minister Prentice declines a request to meet with Chief Callihoo and to discuss the recommendations of the ICC.
2007 - Small Victory! Court of Appeal overturned Justice Hillier's decision reinstating the full action and dismissing the Summary Judgement application by Canada in its entirety.
March 20, 2008 - Treaty 6 Chiefs recognize Michel First Nation as a member of Treaty 6 and call on Federal Government to restore recognition of the descendants and members of Michel First Nation as an Indian Band within the meaning of Section (2) of the Indian Act
April 22, 2008 - Amended Amended Amended Statement of Claim filed
May 7, 2008 - Amended Amended Statement of Defence filed by Canada
June 26, 2008 - Reply to Amended Amended Statement of Defence
2009 - Summation of documents in preparation for trial