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Hundred year old clerical error in Ottawa opens door to land claim in N.B.

Thu Jun 19, 3:57 PM

By Chris Morris , The Canadian Press

FREDERICTON - What appears to have been a clerical error made over 100 years ago in Ottawa has opened the door to a significant land claim by the Tobique First Nation in New Brunswick.

Federal officials admitted Tuesday that about 4,000 hectares of the Tobique reserve were improperly sold in 1892 and discussions are underway to compensate the First Nation for the loss.

Much of the land in question now forms the village of Perth-Andover, near the Maine boarder in western New Brunswick.

Luc Beaudry, a negotiator with Indian and Northern Affairs, said there's no risk of people losing homes or businesses because of the claim.

``Nobody gets expropriated as the result of a resolution of a claim,'' Beaudry told a news conference in Fredericton. ``The interests of third parties are fully protected during negotiations. You don't repair an historical wrong by committing another one.''

Beaudry said there was never a federal order-in-council approving the surrender of much of the Tobique reserve in 1892 _ a necessary step in the surrender of Indian lands.

Tim Nicholas, negotiator for the Tobique First Nation, blamed the Indian agent at the time for not taking the required steps to complete the sale of the land.

``Procedures were not properly followed,'' Nicholas said.

Tobique Chief Gerald Bear said although there have been questions and suspicions about the legitimacy of the surrender, he would not say the land was stolen from the reserve.

``We know the Tobique Reserve was approximately 18,000 to 20,000 acres and our generation ended up with 5,000 acres,'' Bear said of the Maliseet community that has about 1,300 residents.

``Stolen? I guess improperly misplaced would be the way to put it.''

Neither Beaudry nor Bear could say how much it will cost to settle the claim, but it is expected to be a multimillion-dollar agreement.

Negotiations are expected to last at least three years.

In addition to the actual value of the lands in question, on which now sit schools, hospitals, businesses and homes, there is the economic value of the loss of those lands to the reserve over the past 106 years.

``It's a good day for Tobique,'' said Bear, adding that the compensation will help the financially troubled reserve plan a more secure economic future.