CHACACHAS STORY
Chacachas Treaty Nation:
A Journey Through History
In 1874, the Chacachas Nation embarked on a pivotal moment in their history, as Chief Chacachas and representatives from 13 First Nations convened at Fort Qu’Appelle to negotiate and sign Treaty 4 with the Government of Canada. Chief Chacachas, a prominent leader of his band, played a significant role in this historic agreement, pledging allegiance on behalf of his people.
By entering into the Treaty, Chief Chacachas anticipated numerous benefits for his band, including the establishment of a designated reserve, provisions of farm implements, oxen, a school, rations, and annuity payments. In 1876, a reserve was officially surveyed for the Chacachas Band on the south side of the Qu’Appelle River, situated east of Round Lake.
However, the transition to the reserve was not swift, as many band members continued their traditional hunting practices, hesitating to settle. Government-imposed restrictions and the depletion of buffalo herds gradually compelled followers to relocate to the reserve. The sudden disappearance of buffalo raised concerns about the band’s ability to sustain themselves on the reserve.
Chief Chacachas faced the challenge of ensuring the survival and well-being of his people in the wake of these changes. The diminishing buffalo herds, once a crucial resource, underscored the need for adaptation and resilience. As the band gradually settled on the reserve, Chief Chacachas navigated the complexities of this new chapter, striving to secure a sustainable future for his community.
Over time, the Chacachas Nation’s history became intricately woven with the challenges and triumphs of Treaty 4, reflecting the resilience of a people adapting to evolving circumstances. Chief Chacachas’ leadership and the collective spirit of the band embody a legacy of determination, fortitude, and cultural preservation. Today, the Chacachas Treaty Nation stands as a testament to the enduring strength of a community rooted in its history and committed to forging a path forward.
Chacachas HistoryFederal Court Decisions
Watson v. Canada (2020-01-28)
In the Federal Court decision, Watson v. Canada (2020-01-28), the case delves into historical Treaty 4 signed in 1874 at Fort Qu’Appelle between 13 First Nations, including Chief Chacachas, and the Canadian government. The legal proceedings address the fulfillment of promised benefits such as reserves, farm implements, and annuity payments, shedding light on the challenges faced by Chief Chacachas and his band in adapting to the reserve life amid buffalo scarcity.
Legal History
Watson, Bear et al (Chacachas Treaty Nation) v Canada and Ochapowace First Nation, Fed Court File No. T-2153-00 – Key Dates
Timeline
November 16, 2000
Initiation of Legal Action
Statement of Claim issued in the Federal Court of Canada.
Requests declarations affirming Chacachas as an existing band.
Alleges that the original Chacachas Reserve was illegally converted by the Crown for its own use.
Seeks various declarations related to illegal Crown conduct and damages.
January 30, 2001
Crown’s Response
The Crown formally responds to the legal action initiated by the Plaintiffs on November 16, 2000.
Filed in the Federal Court of Canada, the “Statement of Defence” outlines the Crown’s position and counterarguments against the claims made in the Plaintiffs’ “Statement of Claim.”
This document marks a crucial phase in the legal proceedings, shaping the contours of the legal dispute and providing insight into the Crown’s defense strategy.
The Statement of Defence likely addresses specific allegations related to the existence of Chacachas, the alleged illegal conversion of the original Chacachas Reserve, and other claims of illegal Crown conduct and damages.
This exchange of legal documents sets the stage for the subsequent phases of the legal proceedings, contributing to the development of legal arguments and the overall narrative of the case.
In March 2008
Case Management Order
Justice Hugessen orders the case to be divided into 2 Phases.
Phase 1 focuses on the existence of Chacachas and the Plaintiffs’ right to bring the action.
Phase 2 is designated to address remedies.
Although this order is modified in 2011, the decision to conduct the trial in phases is a key development.
March 28, 2017
Pre-Trial Ruling
The Court rules that the Plaintiffs cannot advance claims for compensation based on issues covered in a Treaty Land Entitlement Settlement and in the Soldier Settlement Claim.
The issue of the existence of Chacachas is allowed to proceed to trial.
2018
Trial
The trial held before Justice Phelan involves the presentation of evidence, witness testimonies, and legal arguments from both parties involved in the case.
The proceedings likely delve into the core issues raised in the Statement of Claim, focusing on the existence of Chacachas, the alleged illegal conversion of the original Chacachas Reserve by the Crown, and other related matters.
Both sides present their cases and attempt to persuade the court with supporting evidence and legal reasoning.
January 2019
Post-Trial Filings
Following the trial, written arguments are submitted to the court by the involved parties.
These written submissions likely include legal briefs, summaries of the evidence presented during the trial, and persuasive arguments outlining each party’s position on the key issues.
The post-trial filings provide an opportunity for the parties to reinforce their respective stances and address any additional legal considerations that may have arisen during the trial.
These documents play a crucial role in shaping the court’s understanding of the case as it moves toward a decision.
January 28, 2020
Court Decision
The decision of the Court is released.
The judgement is complex, raising several important legal issues.
Primary value to Chacachas lies in the declaration obtained over the objections of Canada.
No appeals are filed, and the decision stands as applicable law.
Present
Present
Post-Judgment Negotiations
Parties are engaged in a negotiation process to avoid returning to the Federal Court for Phase 2.
The focus is on resolving outstanding issues and potential remedies through negotiation rather than further court proceedings.
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BAND OFFICEContact Us
For inquiries, support, or to connect with us, please feel free to contact the Chacachas Treaty Nation Band Office.
PHYSICAL LOCATIONWhere to find us?
P.O. Box 370 Whitewood, Saskatchewan S0G 5C0
BAND OFFICEContact Us
For inquiries, support, or to connect with us, please feel free to contact the Chacachas Treaty Nation Band Office.
PHYSICAL LOCATIONWhere to find us?
P.O. Box 370 Whitewood, Saskatchewan S0G 5C0
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