The Treaty 8 First Nations of Alberta agree to the Application for a Stay on the ruling in the Benoit Case.

Edmonton (May 3, 2002) - After careful discussion and debate, Treaty 8 First Nations have agreed to a temporary suspension of the judgment in Benoit v. The Queen until the Federal Court of Appeal can rule on Canada's appeal on an expedited basis.

On April 18, 2002, the Court noted the consent of Treaty 8 First Nations and issued a stay of the judgment.

In addition to agreeing to have this case heard expeditiously in the Federal Court of Appeal, Canada and the Treaty 8 First Nations of Alberta have agreed to begin a dialogue to examine the issues and options for implementation of the treaty right and the recovery of taxes paid by beneficiaries of Treaty No.8, should the trial judgement be upheld in the Federal Court of Appeal.

The Treaty First Nations of Alberta prefer to deal with these matters through good faith negotiation where they can be discussed fully and any attempts can be made to reconcile their concerns and concerns of all others.

"We are looking forward to working cooperatively with Canada on the implementation of this treaty right," says Grand Chief Clyde Goodswimmer.

"We remain optimistic that this treaty right will be affirmed yet again, when it reaches the Federal Court of Appeal," says Jerry Paulette, spokesman for Treaty 8 First Nations of Alberta.

In May of 2001, this landmark trial on Treaty rights began in the Federal Court of Canada. Gordon Benoit of the Mikisew Cree Nation, supported by all Treaty 8 First Nations -- sought affirmation and recognition of the treaty promise made to his ancestors more than one hundred years ago.

The Treaty promise-Treaty 8 First Nation members would not be subject to any form of taxation-was affirmed by Justice Campbell in Canada's Federal Court on March 7, 2002. Justice Campbell declared that all beneficiaries of Treaty 8 are allowed to claim the benefits of Treaty No. 8, and that the imposition of any tax by the Crown is an unjustified breach of this treaty right.

It is anticipated that this case will be heard in the Federal Court of Appeal sometime late this fall.

For more information, please contact:
Tanya Kappo
Communications Coordinator
Treaty 8 First Nations of Alberta
(780) 444 - 9366 (office)
(780) 718 - 1092 (cell.)

May 2, 2002 - Treaty 8 members are being told to keep a record of their tax receipts. Federal Court of Appeal Justice Barry Strayer decided to suspend the historic court decision made earlier this year that said Treaty 8 Indians have tax free status in Alberta.

Justice Strayer accepted the federal government's argument that the ruling will throw the country's tax administration system into a state of chaos and cause irreparable harm and major tax loss from cigarettes, cars, gasoline and alcohol.

Treay 8 Indians may still win the battle but the suspension means they still have to pay taxes while the case makes its way through the appeal process. If they win the ultimate ruling, then they will be able to get tax rebates.

The Canadian government's argument included a claim that if the decision favourable to Treaty 8 was immediately implemented then it would encourage smuggling, disrupt the country's marketplace and borders because Treaty 8 people could use their new tax free status to do as they please to undercut government and businesses.

On March 7, 2002, the Federal Court released their findings, ruling in favor of Treaty 8, affirming that the treaty right to be free from tax was a treaty promise made in 1899. In 1992, Gordon Benoit of the Mikisew Cree Nation began legal action, in a case in which he would assert that he has a treaty right not to be taxed. The tax in question in this case was the federal income tax. Gordon Benoit had been working and living off reserve. Over the years, various tribal councils and organizations joined the case as Plaintiffs, including the Athabasca Tribal Council, Kee Tas Kee Now Tribal Council, and the Lesser Slave Lake Indian Regional Council. Collectively representing 13 of the 23 Treaty 8 First Nations in Alberta.

Date: 20020426
Docket: A-47-02

Neutral citation: 2002 FCA 156
CORAM: STRAYER J.A.
BETWEEN:
HER MAJESTY THE QUEEN
Appellant
and
CHARLES JOHN GORDON BENOIT, ATHABASCA TRIBAL
CORPORATION, LESSER SLAVE LAKE INDIAN REGIONAL COUNCIL,
KEE TAS KEE NOW TRIBAL COUNCIL
Respondents

REASONS FOR ORDER
STRAYER J.A.

[1] The Appellant has applied for a stay, pending appeal, of the judgment of Campbell J. of March 7, 2002.

[2] His formal judgment states:
For the reasons provided, I declare that:

(a) the Plaintiffs are entitled to claim the benefits of Treaty No. 8, including the Treaty Right not to have any tax imposed upon them at any time for any reasons;

(b) the Treaty Right was not extinguished prior to April 17, 1982; and is now protected from extinguishment by the Constitution Act, 1982 and is binding on Canada to honour and uphold;

(c) the imposition of any tax by Canada on the Plaintiffs is an unjustified breach of the Treaty Right.

I also declare that:

The application of Federal taxation provisions to Indian beneficiaries of Treaty 8 is inconsistent with s.35 of the Constitution Act, 1982, Schedule B to the Canada Act 1982 (U.K.), and is therefore, to the extent of the inconsistency, of no force and effect.

The judgment, as I understand it, may apply to all the current beneficiaries of Treaty 8 which number some 40,000 persons living in the Treaty 8 area. It may be that the judgment could have implications for those living outside that area as well.

[3] The respondents have consented to the stay "on terms which have been agreed between the Appellant and the Respondents". Those terms have not been conveyed to the Court so I need not consider them.

[4] Notwithstanding the consent of the Respondents I have satisfied myself that the criteria for a stay have been met and that there is a proper basis for intervening in the operation of a Trial Division judgment. There is a serious issue to be dealt with on appeal. There could be irreparable harm as the immediate application of the judgment could result in chaos to tax administration, and possible harm to business competitors of those entitled to a supply of tax-free goods. The balance of convenience is in favour of the status quo in which, as the Respondents themselves appear to recognize, taxes can be paid in the interim with records kept for ultimate refund should the appeal not succeed.

[5] The judgment should therefore be stayed pending final disposition of the appeal.

(s) "B.L. Strayer" J.A.
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: A-47-02
STYLE OF CAUSE:
HER MAJESTY THE QUEEN v. CHARLES JOHN GORDON BENOIT et al.
NOTICE OF MOTION DISPOSED OF IN WRITING
REASONS FOR ORDER OF THE COURT BY:
Strayer, J.A.
DATED: April 26, 2002
WRITTEN SUBMISSIONS:
Ms. Bonnie F. MoonFOR APPELLANT
Mr. Aldo Argento & Mr. Everett Bunnell, Q.C.FOR RESPONDENT
Ms. Karin E. Buss FOR RESPONDENT
SOLICITORS OF RECORD:
Mr. Morris RosenbergFOR APPELLANT
Deputy Attorney General of Canada
Ottawa, Ontario

MacLeod DixonFOR RESPONDENT
Calgary, Alberta
Ackroyd, Piasta, Roth & Day
FOR RESPONDENT
Edmonton, Alberta

For Immediate Release

News Release

Federal court rules that promise to tax immunity was in fact, made by the Commissioners to Treaty No. 8.

Edmonton (March 8, 2002) - Early last spring , a landmark trial on Treaty rights began in the Federal Court of Canada. Gordon Benoit of the Mikisew Cree Nation, supported by all Treaty 8 First Nations -- sought affirmation and recognition of the treaty promise made to his ancestors more than one hundred years ago.

The Treaty promise -that Treaty 8 First Nation members would not be subject to any form of taxation-was made by the federal Treaty Commissioners in 1899 to the northern Cree, Dene, Saulteaux, Beaver and Chipewyan Chiefs who signed Treaty No. 8 with Canada.

The promise of tax immunity is supported by the oral history of the negotiations by the Elders of Treaty 8, and confirmed by a report on the negotiations made by the federal Treaty Commissioners in 1899.

The goal of Benoit and the Treaty 8 First Nations was to obtain a federal court declaration that all members of Treaty 8 are allowed to claim the benefits of Treaty 8, and that the imposition of any tax by the Crown is an unjustified breach of Treaty No. 8.

The legal proceedings-begun in 1992 by Benoit and his family, had grown to include the Athabasca Tribal Council, the Kee Tas Kee Now Tribal Council and the Lesser Slave Lake Indian Regional Council of northern Alberta as plaintiffs against the federal government. The province of Alberta also participated in the federal court proceedings as intervenors, as were the Canadian Taxpayers Federation in a limited capacity.

" We were very pleased when we heard that the Federal Court has recognized and affirmed what our Elders have been very clear on - that it's our treaty right not to be taxed", says Grand Chief Clyde Goodswimmer.

"Through his ruling, Justice Campbell has ordered the Government to uphold the honor of the crown to meet it's Treaty obligations," continues Grand Chief Goodswimmer. "We will remain hopeful and optimistic that Canada will finally start to honor all of the Treaty promises made to our forefathers over 100 years ago,"

Treaty 8 Political Advisor Jim Badger says, "This case is truly part of legal history, particularly in the areas Aboriginal and Treaty Right. It is about Treaty rights and getting our rights affirmed in Canada's courts - rights that are constitutionally protected. They supercede both Federal and provincial legislation that was intended to extinguish and adminish Treaty promises."

Says Badger, " The courts have re-affirmed this and the importance of our Treaty and our understanding of this treaty, and have legally declared that our Treaty rights must be honored for 'as long as the sun shines, the grass grows and the rivers flow."

The Chiefs of Treaty 8 have expressed their deep gratitude and appreciation to the Elders, people in their communities, the legal counsel, and of course, Gordon Benoit, who have all helped in this major victory.

For more information, please contact:

Tanya Kappo
Communications Officer
Treaty 8 First Nations of Alberta
(780) 444 - 9366 (office)
(780) 718 - 1092 (cell.)

The Benoit Case
The Federal Court's Decision
NOTE this is a .pdf file

Background on Treaty 8

CTF calls Treaty 8 victory alarming

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