KAREN BEST
Wednesday, June 20, 2007 - 09:00
Haldimand News - A unique process already underway on Six Nations land claims and rights will continue outside pending federal legislation intended to expedite resolutions for First Nations across Canada.
"It's not going to apply," said federal negotiator Ron Doering after a recent meeting where Canada's offer of $125 million to Six Nations was discussed. "We have our own separate mandate outside the claims policy."
New legislation is not relevant to any Six Nations claims in terms of funding levels for resolution, Doering added.
Proposed new legislation "does demonstrate that Stephen Harper's government recognizes the need to fix all these issues but we got in ahead of all that," said Doering.
Cayuga Sub-chief Leroy Hill said Six Nations, Canada and Ontario are engaged in a unique process that is in conflict with the existing federal Specifics Claims Policy. He felt his people's position was validated when a federal negotiator acknowledged this conflict at a meeting two weeks ago.
"We're engaged in a process based on our treaties," Hill said. "We have no other way to deal with the Crown."
He pointed out that his people have never relinquished their treaty rights.
Six Nations representatives are seeking clarification of their people's relationship with the Crown for these negotiations to have success, said Hill. It is also essential to establish an understanding of how the Crown and how Six Nations view land holding, he continued. This will be a problem unless it is addressed, he said.
Because the federal Cabinet set the mandate for their negotiators, Hill said they can make changes to clarify their relationship with his people and change the mandate of their representatives at the main negotiating table.
During recent Haldimand Tract lands discussions, federal government representatives gave an oral report on review of lots on Plank Road. The Six Nations position is the land was leased in the 1840s for the Hamilton to Port Dover Road and for housing on half a mile on each side of it. The federal government said it was surrendered.
After the recent lands meeting, Hill said all parties came to an understanding on a number of issues. They went away with homework to do on the $125 million offer for Moulton and Burtch Townships, lands flooded for the Welland Canal and Six Nations investment in the Grand River Navigation Company.
Clearing up a misunderstanding reported by other media sources, Doering said, if Canada owed Six Nations financial compensation, they can use the money to buy land. "I'm happy to talk to them about how that can happen," he said.
Doering said he did not tell media that Canada would buy land.
Six Nations negotiators and many in their community have insisted they want land returned. However, Canada does not have any land to give back to them and will not expropriate land from third parties, Doering said. The latter is non-negotiable, he added.
At the recent lands meeting, Doering reminded Six Nations representatives that the $125 million to release the four claims came with conditions including leaving Douglas Creek Estates in Caledonia and agreeing, through community consensus, to a final deal on the four issues.
Doering said Six Nations provided a formal response asking the federal government how it arrived at the $125 million amount. Later this month, federal representatives will give a presentation on Canada's position on the Moulton and Burtch tracts. These are not large dollar claims, he said.
In early July, preliminary details will be released on the navigation company investment and lands flooded when the Dunnville dam was built.
None of these claims called for return of land, said Doering. Six Nations allege that Canada failed to collect on a mortgage, he added.
In a 1995 lawsuit, Six Nations sought monetary compensation for 27 land claims. In 2002, a different approach called exploration began on an Indian agent's mishandling of Six Nations money and the 75 acre Port Maitland claim. That process was stopped last year.
On June 14, Indian and Northern Affairs Canada minister Jim Prentice announced pending legislation that will speed up land claim resolution. Canadians and First Nations people will be asked to comment on contents including an independent tribunal to review claims rejected under the Specific Claims policy and $250 million in annual claim funding for 10 years.
Claims valued at $150 million or more, which are rare, will be handled outside the policy.
"This plan will allow us to achieve fairness in the resolution of claims and to bring certainty to government, industry and all Canadians," Prentice said in his speech.
Hill said his brothers and sisters will see through the proposed changes. He doubted that proposed legislation and policy would relieve tensions among First Nations or impact decisions about June 29 actions. The day is a National Day of Action for First Nations and could include demonstrations and blockages of transportation routes.