Treaty 8 tax exempt: federal court

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Treaty 8 leaders and members were celebrating a court victory March 8, the day after the Federal Court of Canada's Mr. Justice Douglas Campbell handed down his decision in the Benoit case.

It's expected the decision will be appealed by the federal government, but Native leaders were elated by the judge's ruling that Treaty 8 members have a constitutionally protected treaty right to tax exemption.

Mikisew Cree Nation member Gordon Benoit and other members of his family filed suit against the federal Crown in 1992, saying they had the treaty right to be tax exempt. Benoit made the decision to go to court after being ignored by government officials when he insisted that the treaty commissioners who negotiated Treaty 8 in 1899 had promised the Cree, Dene, Saulteaux, Beaver and Chippewyan people who lived in the treaty territory that they would never be subjected to the Crown's taxation.

The trial in Edmonton's Federal Court began on May 7, 2001 and concluded on Jan. 22 of this year. Elders, former and current chiefs and others testified about what the Aboriginal signatories of the treaty believed they were signing. Benoit was seeking a court declaration that the promise had been made and was part of the treaty even though the Crown officials chose not to write down that promise in the final document.

After reviewing the evidence, the judge decided Benoit was right.

"The central finding in this decision is that, in order for the honor of the Crown to be maintained, the defendant is required to recognize and fulfill the tax assurance as it was understood by the Aboriginal people," Justice Campbell wrote.

Grand Chief Clyde Goodswimmer called the decision "historic."

"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," he added.

The national chief, Matthew Coon Come, also welcomed the ruling.

"The Federal Court of Canada stated that while there seemed to be confusion as to whether tax immunity was granted by the treaty commissioners, First Nations signatories had requested such a provision and had understood that those assurances were given when the treaties were signed. Therefore, the honor of the Crown is at stake and the court must uphold the spirit and intent of the treaty," the national chief said.

While Canadian Alliance MPs and the Canadian Taxpayers' Federation criticized the decision, saying it recognized "race-based" rights and predicted an anti-Native backlash, Coon Come rejected the race-based concept.

"This is not race-based but based on agreements between sovereign governments at the time of treaty," he said. "Treaties are the means by which Canada can claim any legitimate access to our lands and resources. Canadians can now understand why we have always said that we never surrendered and were never conquered. We signed agreements in good faith and all we ask for is that we be treated fairly and equally. This decision is a step in that direction."