PAPACHASE "First Nations" is not a real band!

[Accountability Now]

I think the issue the court has ignored is the fact that natives weren't allowed to sell their land.

Ok...just read up a bit more on this. The reason the case got thrown out is that the claim elapsed the allowable time frame to make a claim. So IF (and big IF) the Papaschase did have a claim then they didn't make it in time. As such...in the courts eyes all other information is irrelevent. If we wanted to discuss whether this was a legitimate claim or not then I would have to ask why they think they are entitled to 2.5 billion when all 10 families already received compensation and agreed to sell the property? Where is that money? They just want more money because of a perceived loophole?

Its claims like these that make the rest of Canada leery of other native claims. Are they for real or just greedy. I'm really starting to believe its the latter.

[jacee]

I don't know much about the actual court case but in light of numerous cares where the Supreme Court has been very favorable to native claims, it seems odd that the Supreme Court was unanimous on this decision. They must feel fairly confident this was the right decision?

It appears that the time limitation for submitting a 'land claim' had run out, so the decision was clear.

However, there's an outstanding monetary issue that they can pursue: Did the government ever actually pay them the money from the land sales, as per agreement?

The S.C.C. overturned the Court of Appeal, stating: “We agree with the chambers judge that [the claim] must be struck out, except for the claim for an accounting of the proceeds of sale, which is a continuing claim and not caught by the Limitation of Actions Act.”[7]

http://www.law.ualberta.ca/centres/ccs/rulings/papchaselandclaim.php

There are many outstanding claims against the government of this nature. As 'fiduciary' they were supposed to put money from land sales/leases/resources, etc, into a trust account for each Band. It doesn't appear that they did, as they don't respond to requests for an accounting of the trust funds from early treaties. The Six Nations lawsuit now in the court process may shed light on the trust account issue ... someday.

http://m.thespec.com/news/local/article/570117--feds-land-claim-offers-don-t-include-six-nations?src=http%3A%2F%2Fwww.thespec.com%2Fnews%2Flocal%2Farticle%2F570117--feds-land-claim-offers-don-t-include-six-nations

Treaties didn't involve "selling" the land to the government: The government took control of land sales/leases/uses, but the money from that was supposed to go into the Band's account.

Just for comparison ... eg, my lawyer takes care of selling/leasing my properties ... and keeps the money, paying me a pittance stipend but never accounting for the principal.

Get it?

[Accountability Now]

Get it?

What are the Papaschase claiming they were given? Are they saying nothing? 7 out of 10 families including the cheif moved years before the other 3 did. I have to beleive they were satisified with the compensation given at the time or they would hvae come back. I also have to beleive that all who were actually compensated were happy enough because we never heard of it again for 100 years.

[jacee]

What are the Papaschase claiming they were given? Are they saying nothing? 7 out of 10 families including the cheif moved years before the other 3 did. I have to beleive they were satisified with the compensation given at the time or they would hvae come back. I also have to beleive that all who were actually compensated were happy enough because we never heard of it again for 100 years.

If you check it out,it appears that most joined with another band and the money from their land sales, etc was supposed to go to that Band, but there's no indication that it did.