​Subject: Touchwood Misadministration Claim
MEMORANDUM

Introduction
On July 25, 2025, the Specific Claims Tribunal issued a decision (the “Decision”) regarding the
Touchwood Misadministration Claim - which involved Canada’s mismanagement (ie., stealing) of
funds from four First Nations: Muskowekwan First Nation, Day Star First Nation, Fishing Lake
First Nation, and George Gordon First Nation (the “Joint Claimants”). Kawacatoose First Nation
participated as an Intervenor, but is otherwise advancing their own claim.
The Claim sought to recover the funds stolen by John B. Hardinge during his tenure as Indian
Agent at the Touchwood Agency from 1920-1923. Canada admits that the Claim is valid but has
offered only paltry sums to settle the same, forcing the Joint Claimants to bring Canada to the
Tribunal to obtain a binding ruling regarding the stolen funds.
Procedural History
The Joint Claimants submitted the Claim to the Minister on April 19, 1993. Canada offered
to settle the Claim for a total of $4.7 million in 2003. The Joint Claimants rejected Canada’s
offer. The Claim lay dormant for nearly two decades until the Joint Claimants filed a Declaration
of Claim at the Specific Claims Tribunal in 2019. After six years of litigation, the Tribunal issued
the Decision on July 25, 2025. The Decision awards $7,621,533 to Day Star First Nation.
A full copy of the Decision is available online:
https://www.canlii.org/en/ca/sct/doc/2025/2025sctc5/2025sctc5.html
Any party who disagreed with the Decision had 30 days (until August 25, 2025) to challenge the
same at the Federal Court of Appeal. As of the date of this Briefing Note, the deadline for
challenging the Decision has passed, and none of the parties have done so.

Commonly Asked Questions
How long until Canada pays Day Star First Nation?
In our experience, Canada typically pays Tribunal awards within six (6) months to a year after the
Decision. We expect that Canada will pay before the end of this month. We will promptly update
the First Nation once we receive more information from Canada regarding payment.

Will there be a distribution to the membership?
Once Canada pays the compensation:
Chief and Council have taken the steps to prepare for a $6,000 dollar distribution to each member
with the minors’ payments to be held in trust which will be adjusted for inflation.
Additionally, so long as Canada pays before the end of November it is the Current leaderships
intention to fund a Christmas assistance program to make payments of $1,000 for every member
of Day Star First Nation including minors.

Will Canada Pay Day Star First Nation’s Legal Fees?
Chief and Council have instructed Maurice Law to recover the Joint Claimants’ full-indemnity
costs associated with the Claim (ie., to recover all of the Joint Claimants’ legal fees and
disbursements). We will negotiate with Canada to recover the Joint Claimants’ full-indemnity
costs. If Canada is unwilling to negotiate, we will return to the Tribunal for an order requiring
Canada to pay all of the Joint Claimants’ costs associated with the Claim.
Will the Decision affect Day Star First Nation’s funding or Treaty rights?
No. The Decision is strictly limited to recovering the funds stolen by Agent Hardinge during his
tenure as Indian Agent at the Touchwood Agency from 1920-1923. The Decision does not, and
cannot, affect Day Star First Nation’s funding or Treaty rights.

Conclusion
Congratulations on resolving this long outstanding claim arising from Canada’s mismanagement
of your band trust account from 1920-1923, including the fraud and defalcation perpetrated by J.
B. Hardinge during his tenure as Indian Agent. The Claim has finally brought Agent Hardinge’s
crimes to light and forced Canada to pay compensation for the same. We kindly thank you for the
opportunity to have been of service in resolving this long outstanding claim.
Please do not hesitate to contact our office with any questions or concerns regarding the above.
​
Sincerely,
MAURICE LAW

Download PDF Version