International tribunal to consider Native land claim

A coalition of First Nation groups on Vancouver Island has forced the Canadian government to defend its human rights record at an international tribunal.

The Hul'qumi'num Treaty Group has been successful in its efforts to have its human rights complaint against Canada heard by the Inter-American Commission on Human Rights in Washington D.C., likely as early as this spring.

The treaty group represents the Chemainus First Nation, Cowichan Tribes, Halalt First Nation, Lake Cowichan First Nation, Lyackson First Nation and Penelakut Tribe.

The group's argument at the commission is that 810,000 hectares of its traditional territory in southeast Vancouver Island, most of which is now privately owned and developed properties, was illegally confiscated in 1884 as part of a land grant given to the Dunsmir Company to build the Island's railway. They want to be adequately compensated for it because they say their human rights were ignored in the process.

Canadian officials unsuccessfully argued to the commission that the treaty group still has legal options in Canadian courts and the treaty processes to air their grievances, and the case should not be heard outside of the country.

While any ruling the commission makes will not be legally binding on Canada, Robert Morales, chief negotiator for the treaty group, said the country's human rights reputation would receive a "black eye" internationally if it decides not to comply with a ruling that is favourable to the group.

He said the First Nations realize it's "unrealistic" to expect to have the land returned to them, but the group would expect fair compensation at current market value, plus interest, which would likely be in the billions of dollars.

"There's not enough money in Canada to adequately compensate us for the land, but we're prepared to be reasonable and negotiate a fair settlement," Mr. Morales said.

A spokeswoman for the federal Department of Justice said any decision of the Inter-American Commission on Human Rights will be taken seriously.

"The Commission has ruled only on the admissibility of the Hul'qumi'num Treaty Group's petition, but not the merits of their claims," said Carole Saindon, in a written statement. "Canada still considers negotiations as the preferred method for addressing their claims, and we remain committed to resolving their issues by negotiating workable agreements through the British Columbia Treaty Commission process."

Doug White, the Snuneymuxw's new chief, said the land grant to the Dunsmir Company that saw much of his band's traditional territory handed over to private interests to build the railway was illegal in that it negated the Snuneymuxw's land rights, which were supposed to be guaranteed under the Douglas Treaty, signed in 1854.

"The basic promises of the treaty were never fulfilled, so the tribunal hearing will put pressure on Canada to deal with its history of aboriginal relations and reconciliation," Mr. White said. "The Harper government is now alone among nations of the world with its vigorous opposition to the rights of Canada's indigenous people."