Exchequer Court of Canada, Audette J., 16 March 1916
INDIANS (II--36)--REMOVAL TO NEW RESERVE--EXPEDIENCY--COMPEN- SATION.
The Exchequer Court, pursuant to the provisions of s.49a of the Indian Act, will recommend the removal of Indians from their Reserve to a new site, if, in the interest of the public and the welfare of the Indians, such removal seems expedient. Under s. 2 (4) of the Act, they are to be compensated for the special loss or damage in respect of their buildings or improvements upon the Reserve.
The present Reserve is really an adjunct of the Eskasoni Reserve, composed of 2,800 acres,
and which is about 24 to 25 miles from Sydney. The Grand Chief of the Micmacs resides at Eskasoni,
and there is only a sub-chief, or captain, at the Sydney Reserve. There are in the vicinity of 155 Indians at
Eskasoni, who do some agricultural work. When these Eskasoni Indians come to Sydney to sell their handicrafts and products,
they reside on the Sydney Reserve. There is also the Cariboo Marsh Reserve, of about 5,385 acres.
The land on that Reserve is so poor that no Indians reside upon it, but as there is considerable timber
upon it they use it to cut their supply for fuel and for making ties, which they sell to the Steel & Coal Co.
There are also Indians residing at North Sydney and Little Bras d'Or who, like the others when they come to Sydney, put up at the Indian Reserve