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Samson and Ermineskin lose legal battle

After one of the longest and most expensive legal battles in Canada, a Supreme Court of Canada ruling on Feb. 13 opposed two native bands in Hobbema.

The nation’s highest court claimed the federal government did not mismanage oil and gas revenues held for the native groups and did not deprive them of dollars investment returns.

The Samson and Ermineskin bands in Hobbema had claimed more than $1 billion from 1972 and the early 2000s in lost investment revenues and damages.

Chief Marvin Yellowbird of the Samson Cree Nation was disappointed with the ruling by the Supreme Court of Canada.

“This decision severely undermines Aboriginal Peoples already shaky confidence in the Canadian judicial system,” said Yellowbird in a press release. “In this case, the Supreme Court disregards the important role of Treaties in Canadian Confederation. We will continue our fight for the proper recognition and implementation of our treaty and Aboriginal rights.”

The suit dates back to early 1990s when the Samson band filed the first statement of claim. The Ermineskin band filed a statement of claim soon after in 1992.

Under the terms of Treaty No. 6 and the Indian Act, the Samson and Ermineskin bands’ interests in the oil and gas under the Pigeon Lake and Samson reserves were entrusted to the government so it could manage the exploitation of resources.

The royalties that were collected were put into the federal government’s revenue fund and the government paid the bands an interest rate that was between three and six per cent.

Both bands say that the government had a responsibility to invest the money and by not doing so, deprived them of millions of dollars. The Samson Cree Nation estimate that they have lost more than $650 million and the Ermineskin Cree say they have lost about $300 million.