Chiefs not happy with $125m offer

Six Nations negotiator says mandate is return of land

By Daniel Nolan
The Hamilton SpectatorCaledonia
Jun 1, 2007

Six Nations chiefs are frowning on a $125 million offer from Ottawa to end the 15-month occupation of a former housing project because it does not include land in long standing claims other than a small piece of property in Brant County.

Mohawk Chief Allen MacNaughton, a Six Nations negotiator, also says a condition to end the occupation of Douglas Creek Estates is immaterial as far as he's concerned.

"The Douglas Creek lands have been repatriated," MacNaughton told reporters at the end of a meeting yesterday with negotiators from Ottawa and Queen's Park. "That's all I can say about that."

MacNaughton and Cayuga sub-chief Leroy Hill, another Six Nations negotiator, called the $125 million offer a start to settling questionable handling of Six Nations funds by colonial governments, but said they have told federal officials since talks began last year their mandate was the return of land in the Haldimand Tract. Six Nations claims 10 kilometres on either side of the Grand River under a 1784 proclamation by the British Crown.

The Caledonia housing site is part of lands Six Nations claims was illegally taken from them in the 1840s to help build the Plank Road (Highway 6).

Ottawa's offer was to settle two land claims in Dunnville, the investment of Six Nations funds in the defunct Grand River Navigation Co. and the claim for the former Burtch correctional facility near Mount Pleasant.

"We made it pretty clear from the start that our priority was to get land back or to discuss the land use and the development that is going on up and down the tract," MacNaughton said.

Six Nations presented federal negotiators with a two-page response to Ottawa's offer that said a settlement "must provide for the return of land." It will be discussed at the next meeting in two weeks.

Federal negotiator Ron Doering wouldn't say how Ottawa arrived at the $125 million figure.

He said Ottawa is willing to explore the idea of trying to find land for Six Nations, but couldn't see how that will work because the land is now in the possession of others and Canada does not own land in the Haldimand area.

"What lands would Canada return?" he said. "Whose property? It's not our land."

Federal Native Affairs Minister Jim Prentice believed Six Nations could use the funds to secure land and add it to the Six Nations Reserve "in an orderly way."

Ontario Aboriginal Affairs Minister David Ramsay called Ottawa's offer substantial and "a great step."

Land claim settlements

Some of the land claims the federal government has settled in Ontario, including the federal share of the payouts:

* Chippewas of the Thames First Nation (near London) received $15 million in November 2004 for the Clench Defalcation claim, filed in 1974. The natives argued the Crown breached its fiduciary duty by failing to pay them correctly for surrendered land sales.

* Wahta Mohawk (near Bala) in November 2004 received $6.2 million for the Gibson claim, filed in 1981. The Mohawks of Gibson relocated to Gibson Township from Oka, Que., in 1881. It was alleged that when Canada realized not all of the Oka natives had relocated, it returned 10,500 acres to the province without surrender or compensation to the Gibson natives.

* Aamjiwnaang (near Sarnia) and Chippewas of Kettle and Stony Point (near Forest) received $2.3 million each in March 2004 for the Enniskillen claim. The natives argued lands in Enniskillen Township were sold without a surrender.

* Mississaugas of the Credit received $12.8 million in March 1997 for the 200-acre claim, filed in 1983. The claim alleged an invalid surrender in 1820 of 200 acres of land on the north shore of the Credit River.

* The Six Nations have only settled one claim, the railway claim, with 27 others still outstanding. They received $610,000 in December 1985. The claim alleges there was inappropriate expropriation of land in 1875 for the railway.

* The largest three claims settled by Canada since 1970 are:

$125.1 million to Horse Lake First Nation for the 1928 Surrender claim in March 2001.

$94.7 million to Kahkewistahaw for the 1907 Surrender claim in February 2003.

$82.4 million to Siksika Nation, in Alberta, for the 1910 Acreage Discrepancy Surrender claim in September 2003.