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COURT FILE NUMBER COURT JUDICIAL CENTRE PLAINTIFF(S) DEFENDANT(S) DOCUMENT ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT |go3 230 eG COURT OF QUEEN'S BENCH OF ALBERTA EDMONTON Fort McKay First Nation and Chief Jim Boucher on his own behalf and on behalf of all other Fort McKay First Nation beneficiaries of Treaty No. 8 Her Majesty the Queen in Right of the Province of Alberta STATEMENT OF CLAIM Jack Woodward QC clo Suite 500, 221 West Esplanade North Vancouver, B.C. V7M 3J3 Tel: 604-988-5201 Fax: 604-988-1452 NOTICE TO DEFENDANT(S) You are being sued. You are a defendant. Go to the end of this document to see what you can do and when you must do it. Statement of facts relied on: A. THE Parvies The Plaintiffs 4. Fort McKay First Nation (*FMFN’) is a band within the meaning of the indian Act, R.S.C. 1985, c. 1-5 consisting of beneficiaries of Treaty 8. 1596s 2. Jim Boucher is a Dene (also known as Chipewyan) and Cree person. He is a member and elected Chief of FMFN. He is authorized to bring this action on behalf of FMEN and its members (the “Plaintiffs”). The Defendant 3. The Defendant Her Majesty the Queen in Right of the Province of Alberta (‘Alberta’) is named in these proceedings pursuant to s. 12 of the Proceedings Against the Crown Act, R.S.A. 2000, c. P-25, and is that emanation of the Crown that holds administration and control over the lands at issue in this proceeding, subject to the interests of the Plaintiffs. 4, Upon entering Confederation in 1905 and by operation of Treaty 8, the Constitution (including the Constitution Act, 1867, the Constitution Act, 1930, and the Constitution Act, 1982, s. 35(1)) and the common law, Alberta, as an emanation of the Crown, is responsible (along with Her Majesty the Queen in right of Canada) for upholding the Crown promises made in Treaty 8. B. Treatyé The Making of Treaty 8 5. Treaty 8 is a treaty within the meaning of s. 35(1) of the Constitution Act, 1982. 6. On orabout June 21, 1899, Treaty 8 was originally made and concluded at Lesser Slave Lake between Her Most Gracious Majesty the Queen of Great Britain and Ireland and the Chief and Headmen of the Indians of Lesser Slave Lake and adjacent country 7. Onor about August 4, 1899, the Headmen of the Chipewyan and Cree Indians of Fort McMurray and the country thereabouts, the ancestors of the present-day Plaintiffs, adhered to the Treaty. The Chipewyan and Cree Indians of Fort McMurray and the country thereabouts who were represented by the Treaty 8 signatories, together with their descendants, are referred collectively in this Statement of Claim as the "Treaty 8 Beneficiaries’. co1sosssa 8 On February 2, 1900, the Treaty was ratified by Order in Council 363. The Treaty Rights 9. Through its written terms and concomitant oral promises, Treaty 8 created reciprocal rights and obligations on the part of the Treaty 8 Beneficiaries and the Crown. 10. The Crown required and sought the consent of the Plaintiffs’ ancestors to open the tract of land they inhabited (in what is now the province of Alberta) for settlement and other activities. Specifically, Treaty 8 allows the Crown to take up such tracts of land as may be required from time to time “for settlement, mining, lumbering, trading or other purposes” but only to the extent that such taking up would not infringe the meaningful exercise of the rights of the Treaty 8 Beneficiaries under Treaty 8 as, described below. 11. — The Plaintiffs’ ancestors gave this consent to the Crown in exchange for solemn promises made by the Crown under Treaty 8, including that: a) entering into Treaty 8 would not lead to forced interference with the mode of life of the Treaty 8 Beneficiaries; b) the same means of earning a livelinood and patterns of economic activity would continue for the Treaty 8 Beneficiaries after Treaty 8 as existed before it, and that the Treaty 8 Beneficiaries would be expected to continue to make use of them; and c) the Treaty 8 Beneficiaries would be as free to hunt, trap, fish, and gather resources throughout their traditional territory as the Chipewyan and Cree had been before entering Treaty 8. 12. These solemn promises also ensured other rights to the Treaty 8 Beneficiaries, including but not limited to rights: a) to undertake traditional and spiritual activities within the Treaty 8 area and, in particular, in their traditional territory as described below; isos6st