The federal government will not give special treatment to Mohawks of the Bay of Quinte in settling the Culbertson Tract land claim, the Minister of Indian and Northern Affairs said Monday.
In an exclusive phone interview with The Intelligencer, Chuck Strahl said the government will maintain its position to not expropriate land -- even though the policy has led the Mohawk chief to call off talks.
"We don't devise a standalone process," Strahl said. "There's literally a thousand of these (land claims) across the country and we don't create a new cabinet authority for every one."
The comments came following a meeting between Strahl and Mohawk Chief R. Donald Maracle in Ottawa Monday morning.
The meeting was arranged after Maracle and his band broke off talks to settle the claim with the government, following a June 12 meeting with federal negotiator Vivian Bercovici.
At the meeting, the band was told the government will not buy property from non-natives living on the Culbertson Tract, a 923-acre parcel of land covering part of Deseronto and Tyendinaga Township.
In an interview last week, Maracle described the government's decision to offer financial compensation instead as "unacceptable to the Mohawk nation."
On Monday, Strahl stressed the policy is in place because in many cases it is not possible to return land.
Such is the case in one ongoing claim involving Haudenosaunee/Six Nations and land now flooded by the Welland canal, he said. In other cases, a claim may be complicated by a railroad moving through the disputed area or, in this case, land that has been developed into an urban area.
Strahl said the government is willing to offer the band money to purchase back tract land, should property owners willingly put it up for sale. Additional money, he said, is being offered to compensate the band for losing access to the land. The federal government accepted the land claim was valid in 2003.
"When the government accepts a claim, it's because we accept there's some legal obligation on our part," Strahl said. "What we do consistently across the country is we offer money as compensation. The First Nation then decides what they want to do with it."
He said the money is offered, theoretically, to allow the band to purchase land back. However, the band would be free to use it on other things such as economic development or housing, if it chooses.
"You can't fix all the past wrongs," Strahl said. "All you can do is negotiate what the wrong was and what the federal government can do in terms of financial compensation."
Strahl said the federal government and the band have another meeting scheduled at the end of July. If the band is willing to sit down and discuss compensation, he believes the two sides can move closer to a settlement. "I really think we can get a settlement if both sides bargain in good faith," he said.
However, he said, if the band chooses to take the matter to court, the ruling may not be exactly what it wants.
"As I said to the chief today, in the end, mark my words, a court will say 'We need you guys to sit down and negotiate.' That's what they'll say to both of us. I've been through many of these and invariably it's the same conclusion."
Attempts by The Intelligencer to reach Maracle were unsuccessful.