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Statements of claim contain allegations not proven in court.

Whalen alleges the $600,000 came out of a $34.7-million payment the nation received as a settlement from the federal government.

The nation filed a specific claim in 1998 claiming the Crown historically failed to provide it with agricultural benefits promised under Treaty 8.

The Crown offered the settlement on Feb. 2, 2017, the statement of claim says, and members voted to ratify the deal that June.

Before the deal passed, members were consulted on how the money from the settlement would be used. Under the ratified deal, each member was to receive $20,000, totalling $15.6 million, the claim states.

Another $8 million was to go into a community trust, $10.4 million would be placed in a settlement trust, while $800,000 was set aside for legal and associated costs.

The Crown and the First Nation identified 805 current or potential members during negotiations — a number which was used to calculate the per capita payment amounts.

The claim states about $1.4 million was left over after the payments were made to members because some of those entitled to a payment could not immediately be identified. Those include members who were adopted out of the nation as children, live off reserve or have no fixed address. The lawsuit described these members as “particularly vulnerable.”

The lawsuit alleges Callihoo incorporated a numbered company, 2050787 Alberta Ltd. on June 15, 2017, then delivered a $600,000 invoice to the nation’s council on or around Nov. 20. Whalen claims the money, which the invoice allegedly stated was for “Treaty Land Entitlement Negotiations — Agricultural Benefits Settlement” came out of the $1.4 million in leftover funds.