James Wallace
Thursday, May 31, 2007
Brantford Expositor
Federal negotiators are poised to make a $125-million cash offer to settle the Caledonia land dispute with the Six Nations people, Osprey News has learned.
The offer is to settle claims involving the former Moulton Township, flooding of lands in Dunnville to accommodate building the Welland Feeder Canal in 1829 and the investment of Six Nations money into the Grand River Navigation Co., in the 1830s.
The offer was made to Six Nations officials by federal negotiator Ron Doering on Wednesday.
But a Six Nations negotiator dismissed the offer, noting aboriginals have said from the start of talks with the federal and provincial governments that they were only interested in land.
"The only positive thing about it is it was an offer," said Mohawk Chief Allen MacNaughton. "It being an initial offer, we realize initial offers are never accepted anyway. I guess it's a starting point to talk about things and I guess the only positive is it's obviously a recognition they owe us something."
Ottawa has attached three principle conditions to the offer, documents obtained by Osprey News show.
First, the offer must be ratified by the people of Six Nations.
"We will require that there be a strong and significant consensus within the Six Nations community for any settlement before it is finalized," the document states.
Federal negotiators are prepared to negotiate a "clear and transparent" ratification process but are looking for a consensus that reflects all points of view within the community, not necessarily unanimity.
The second condition attached to the cash offer is an assurance it will lead to a "full and final settlement" of the land claim.
That includes assurance the Government of Canada could not be sued in future over the claim and that the Six Nations would explicitly relinquish any claim to the lands in dispute.
Finally, the offer is contingent upon Six Nations members ending their occupation of the Douglas Creek Estates lands, a 40 hectare housing development near Hamilton.
Ontario representatives had no official comment last night.
"The province maintains that there is only one level of government that can solve this land claim, and that's the federal government," a senior government source told Osprey News.
"Caledonia is a dispute between the Six Nations and the federal government going back to before Confederation," the source said.
The site of the former Douglas Creek Estates housing project that has been site of frequent and sometimes violent clashes between Six Nations protestors and Caledonia residents since February 2006.
However, the root of the dispute between Six Nations goes back 200 years and involves claims of inappropriate compensation for past land deals.
The Ontario Liberal government attempted to defuse escalating violence on the occupied lands in June 2006 by paying $12.3 million to the developer who owned the property and putting the land in trust pending resolution of the land claim.
Ontario also paid out $1.7 million in compensation to Caledonia-area businesses hurt by road blockades and other disruptions related to the occupation.
Settling the Caledonia has become a political and practical priority for both the provincial and federal governments.
Another federal negotiator and former Tory cabinet minister, Barbara McDougall, communicated details to Haldimand Mayor Marie Trainer Wednesday night.
The mayor said Six Nations would be permitted to keep the former Burtch Correctional facility in Brant County, near Mount Pleasant.
In exchange, she said Ottawa wants aboriginal protesters who took over Douglas Creek Estates 15 months ago to leave and promise not to launch any further occupations.
MacNaughton said leaving Douglas Creek Estates was not mentioned directly by Doering.
"I'm sure that's what they want, but it wasn't mentioned. The only thing they were saying was ... that we give up all our interests in any land title and any interest in the land at all."
Trainer said she's optimistic the "pretty big" offer will end the dispute.
"Everybody's hopeful, but time will tell," she said.
Negotiators from Ottawa, the Ontario government and Six Nations are to meet today.
There are more than 100 unsettled land disputes between First Nations peoples and the federal and provincial government.
Many land disputes have been festering for decades and in the face of growing frustration, law makers have grown concerned that an increasing number of bands will resort to civil disobedience and land occupations to press their case with government.
Frustration over ongoing violence associated with negotiations has prompted provincial officials repeatedly to threaten to shut down negotiations.
That includes most recently, Aboriginal Affairs Minister David Ramsay, who threatened to pull Ontario from the negotiating table this past week if new protests such as one in Hagersville continue. "I don't see the point of going back to the table," Ramsay said in published reports. "It doesn't make sense."
"This lawlessness breaking out is not acceptable," he said. "Quite frankly, it will not be tolerated."