Our story to 1985
Pre: 1876 - A group of Indian people of Iroquois and Cree descent live northwest of what is now Edmonton, Alberta.
1878 - Michel band entered Treaty 6 in 1878 by way of an adhesion, signed by Michel Callihoo (Chief)
1880 - A 40-square mile reserve was surveyed as “Michel I.R. 132" on the Sturgeon River, about eight miles northwest of the Roman Catholic Mission at St. Albert. Reserve confirmed by Order in Council PC 1151 on May 17, 1889
Early 1900's - The federal government pressures many western Indian Bands to surrender large parts of their reserves in order to increase availability of desirable land for European settlers. Many surrenders taken during this time were tainted with fraud, unconscionable or otherwise illegal use of public authority and breach of trust.
1903, 1906, 1910 - Michel Band pressured to surrender parts of reserve in exchange for needed agricultural implements (promised under Treaty 6). The early sales were marked by corruption in Ottawa. The Michel Band’s lands were sold at unfavourable prices at public auctions which appeared to have been designed to favour the bidders - the federal government selling most land to insiders at far below market value. Many of the successful bidders never paid the purchase price and the government never cancelled the sales. Only two percent of the purchase price of the lands surrendered had been paid and the Band received little of the true value of its lands that were sold. In addition, while a member of parliament for Edmonton and the Minister of the Interior responsible for Indian Affairs, Frank Oliver acquired part of the Michel reserve for very little money though a concealed transaction.
April 8, 1911 - Chief Michel Callihoo passes away at his home, Louis Jerome Callihoo (Michel's nephew) becomes chief
1911 - The Crown surrenders 41 acres of the reserve without consent or compensation
1914 - Former Interior Minister Frank Oliver*, acquires 26 quarter-sections of Cree land around Edmonton for half the appraised value at the time of the transaction. (http://www.epl.ca)
1917 - Soloman Callihoo becomes Chief
1928 - 10 Michel Band families enfranchise pursuant to the recommendation of an Enfranchisement Board appointed by the Department of Indian Affairs under Section 110 of the 1927 Indian Act so they could have the same rights and freedoms afforded by other Canadian citizens, such as the right to vote and pursue post-secondary education.
1929 - "Michel School" opens. School named after first Chief: Michel
1936 - Fred Callihoo becomes Chief
Pre- & Post-World War II - Michel Band pressured by neighbouring settlers to enfranchise. Some members accept enfranchisement in order to provide their children with a proper education and to remove themselves from the shackles of the Indian Act. After the war, additional pressure was placed on Michel Band members to enfranchise as there was a greater need for agricultural land for returning veterans. Some Band members who had served in the war applied for enfranchisement as they could not access veteran’s benefits that other Canadians received who had served in the same war.
1948 - Roderick Callihoo becomes Chief
1958 - The Department of Indian Affairs wants the Michel band to become a model for group enfranchisement for other Bands in Canada. The Minister appoints a Committee of Inquiry appointed under Section 112 of the 1952 Indian Act as required by the compulsory enfranchisement provision of the Indian Act, to hold an inquiry into the fitness of the Michel Band members to become citizens. Further to the recommendations of the committee, the entire Michel Band was enfranchised March 31, 1958 by Order in Council P.C. 375
1985 - Under amendments to the Indian Act (Bill C-31), over 750 individual Michel Band members have their Indian status restored. No provision made in Bill C-31 for the restoration of status under the Band enfranchisement provision that was applied to the Michel Band.
1878 - Michel band entered Treaty 6 in 1878 by way of an adhesion, signed by Michel Callihoo (Chief)
1880 - A 40-square mile reserve was surveyed as “Michel I.R. 132" on the Sturgeon River, about eight miles northwest of the Roman Catholic Mission at St. Albert. Reserve confirmed by Order in Council PC 1151 on May 17, 1889
Early 1900's - The federal government pressures many western Indian Bands to surrender large parts of their reserves in order to increase availability of desirable land for European settlers. Many surrenders taken during this time were tainted with fraud, unconscionable or otherwise illegal use of public authority and breach of trust.
1903, 1906, 1910 - Michel Band pressured to surrender parts of reserve in exchange for needed agricultural implements (promised under Treaty 6). The early sales were marked by corruption in Ottawa. The Michel Band’s lands were sold at unfavourable prices at public auctions which appeared to have been designed to favour the bidders - the federal government selling most land to insiders at far below market value. Many of the successful bidders never paid the purchase price and the government never cancelled the sales. Only two percent of the purchase price of the lands surrendered had been paid and the Band received little of the true value of its lands that were sold. In addition, while a member of parliament for Edmonton and the Minister of the Interior responsible for Indian Affairs, Frank Oliver acquired part of the Michel reserve for very little money though a concealed transaction.
April 8, 1911 - Chief Michel Callihoo passes away at his home, Louis Jerome Callihoo (Michel's nephew) becomes chief
1911 - The Crown surrenders 41 acres of the reserve without consent or compensation
1914 - Former Interior Minister Frank Oliver*, acquires 26 quarter-sections of Cree land around Edmonton for half the appraised value at the time of the transaction. (http://www.epl.ca)
1917 - Soloman Callihoo becomes Chief
1928 - 10 Michel Band families enfranchise pursuant to the recommendation of an Enfranchisement Board appointed by the Department of Indian Affairs under Section 110 of the 1927 Indian Act so they could have the same rights and freedoms afforded by other Canadian citizens, such as the right to vote and pursue post-secondary education.
1929 - "Michel School" opens. School named after first Chief: Michel
1936 - Fred Callihoo becomes Chief
Pre- & Post-World War II - Michel Band pressured by neighbouring settlers to enfranchise. Some members accept enfranchisement in order to provide their children with a proper education and to remove themselves from the shackles of the Indian Act. After the war, additional pressure was placed on Michel Band members to enfranchise as there was a greater need for agricultural land for returning veterans. Some Band members who had served in the war applied for enfranchisement as they could not access veteran’s benefits that other Canadians received who had served in the same war.
1948 - Roderick Callihoo becomes Chief
1958 - The Department of Indian Affairs wants the Michel band to become a model for group enfranchisement for other Bands in Canada. The Minister appoints a Committee of Inquiry appointed under Section 112 of the 1952 Indian Act as required by the compulsory enfranchisement provision of the Indian Act, to hold an inquiry into the fitness of the Michel Band members to become citizens. Further to the recommendations of the committee, the entire Michel Band was enfranchised March 31, 1958 by Order in Council P.C. 375
1985 - Under amendments to the Indian Act (Bill C-31), over 750 individual Michel Band members have their Indian status restored. No provision made in Bill C-31 for the restoration of status under the Band enfranchisement provision that was applied to the Michel Band.
1985 - 2009:
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