Soldier Settlement Submissions and Transcripts - March 2019

Good Afternoon Membership.

This email will give you information on the Soldier Settlement information meeting last night on the Nation.

AGENDA:

5:30PM Opening Prayer - Elder/Senior Sharon Bear
5:35 PM Supper - KFC
6:00 PM. Opening Comments - Headman Tim Bear
6:10 PM Okimaw Iskwew Margaret Bear
6:20 PM Legal - Merv Phillips (Soldier Settlement Update)
6:45 PM Questions & Update Prizes
7:15 PM Closing Comments Headwomen Petra Belanger

The Legal presented the following questions:

(1) Was there an Indian band led by Chief Chacachas in 1874? YES

(2) Was there an Indian band led by Chief Kakisiwew in 1874? YES

(3) Were Chief Chacachas band and Chief Kakisiwew bands amalgamated, consolidated or otherwise joined together?
OCHAPOWACE WAS CREATED AS A INDIAN ACT BAND AND ALL THE ACTIONS OF THE OCHAPOWACE DID NOT CONSTITUTE AMALGAMATION, CONSOLIDATION OR OTHERWISE JOINING OF THE CHACACHAS AND KAKISIWEW BANDS. IN THE ALTERNATIVE, IF IT DID CONSTITUTE A JOINING, IT WAS NOT PROPERLY DONE.

(4) If no, are the Chacachas band and Kakisiwew band entitled to be recognized as a distinct treaty bands? If so, are the Chacachas band and Kakisiwew band estopped or otherwise prevented from asserting that they are distinct treaty bands? YES CHACACHAS AND KAKISIWEW BANDS ARE ENTITLED TO BE RECOGNIZED AS DISTINCE TREATY BANDS, AND THE HONOUR OF THE CROWN PROVIDES THAT NO JUSTIFICATION IS PRESENT TO DENY THESE TREATY BANDS THE BENEFIT OF THEIR STATUS AS DISTINCT TREATY BANDS.

(5) If Chacachas and Kakisiwew exist as distinct treaty bands, what. is their legal status? CHACACHAS AND KAKISIWEW CONTINUE TO EXIST AND HAVE NOT BEEN EXTINGUISHED. WITHIN HONOUR OF THE CROWN THE MEMBERSHIP OF THOSE BANDS SHALL BE ENTITLED TO SELF-DETERMINE THEIR FUTURE.

(6) Are the named plaintiffs in actions T-2153-00 and T-2155-00 members of either the Chacachas or Kakisiwew bands or are they members of the Ochapowace Band? Do the named plaintiffs properly represent the individuals who are members of either the Chacachas or Kakisiwew band? THE NAMED PLAINTIFFS IN THE ACTIONS T-2153-00 AND T-2155-00 ARE INVOLUNTARY MEMBERS OF THE OCHAPOWACE, AND ARE MEMBERS OF CHACACHAS AND KAKISIWEW RESPECTIVELY WHO PROPERLY REPRESENT THE MEMBERSHIP OF CHACACHAS AND KAKISIWEW BANDS.

(7) Does the Ochapowace Indian Band No 71 recognized by the crown, continuing to exist as a treaty band notwithstanding the determination of issues 1 through 6 above? YES OCHAPOWACE CONTINUES TO EXIST, AND THE FUTURE OF OCHAPOWACE WILL FOLLOW THE DECLARATION AS RESPECTIVELY OUTLINED ABOVBE IN 1 THROUGH 6 ABOVE. MEMBERS OF OCHAPOWACE WHO SELF-DETERMINE TO EXERCISE THEIR TREATY RIGHTS AS MEMBERS OF OCHAPOWACE WILL EXERCISE SELF-DETERMINATION ABOUT THE FUTURE PF OCHAPOWACE BAND NO 71.

The evening ended off with 10 draws of $50.00 each. The winners were the following:

(1) Marlene Stevenson
(2) Doug George
(3) Freda Bear
(4) Rhonda Belanger
(5) Tom Bear
(6) Dianne Fayant
(7) Mary Ramstead
(8) Gefforey Allary
(9) Merle Harvey
(10) Brenda Bear

A link with all the transcripts and submissions will be added from Justin Bear, Ochapowace IT department. This will be great to read to get a understanding.

As soon as the Nation receives a decision from the Court we will be having another information session.

Any question please contact Headman Tim Bear or myself for clarifications.

Take Care,

Cassandra Taypotat

Posted are the Ochapowace/Kakisiwew/Chacachas Soldier Settlement Federal Court Case documents in no specific order.

Kakisiwew FInal Written Arguments

Ochapowace Brief

Crown Submissions

Combined Transcripts ***This is a large PDF file and may take some time to load***

Watson Plaintiffs - Memorandum of Fact and Law

Any question, please contact Headman Tim Bear or Cassandra Taypotat