First Nation Land Claims across Ontario described as "powder keg"
London Free Press news article ...
Powder keg
By JOHN MINER, FREE PRESS REPORTER - Sat, February 17, 2007
There are more than 1,300 land claims filed against Canada by native groups - hundreds more filed against provinces - and the list, and frustration, is growing longer under a system plagued with decade-long delays, writes Sun Media reporter John Miner.
The masked warrior at the hastily thrown up barricade at the Caledonia subdivision holds up a sign for the gathering spectators and reporters -- "Canada, your home on native land," it reads.
It is the morning of April 20, 2006, and the sky in the town south of Hamilton has been blackened by burning tires on roadways in the area.
Responding to a court order, Ontario Provincial Police had briefly held the subdivision before being pushed out again by about 200 natives from the Six Nations reserve.
Caledonia, still simmering, with the potential to boil over again, has become etched in the minds of Canadians along with Oka, Ipperwash and Gustafsen Lake, B.C., disputes.
But these are only the land claims that have made it into the national headlines.
There are now more than 1,300 land claims filed against Canada by native groups, hundreds more filed against provinces, and the list, along with frustration, is growing longer under a system that is plagued with decade-long delays.
"Nobody is happy with the progress that is being made. Caledonia, Ipperwash, I don't know how many others we will have," said David White, director of the Walpole Island Heritage Centre that specializes in land claim research.
In addition to concerns that land claim clashes can explode into gunfire as they did at Oka, Ipperwash and Gustafsen Lake, the financial and territorial stakes are enormous.
The federal government has built a $6-billion contingency into its books, the estimated cost of settling all of what it calls "specific" claims, and has budgeted $100 million a year for such settlements.
University of Western Ontario law professor Michael Coyle, who has mediated land disputes for 16 years, said at the current rate, it will take 50 years for the federal government to resolve all the claims that have already been filed by native groups.
"The average claim filed with the federal government in this province that is in negotiation was filed about 16 years ago. That is a very long time for aboriginal Ontarians to think about how long they might have to fight in a dispute with the government without even having it resolved," Coyle said.
In one case, documented by the Indian Claims Commission, the Chippewas of the Thames hired a lawyer in 1885 over land that had been sold by the federal Indian agent, who pocketed the money. It took 120 years to win a final settlement.
The delays provide ideal ingredients for more violent standoffs, such as the 1995 clash between natives and OPP in Ipperwash Provincial Park that left native protester Dudley George dead from a police sniper's bullet.
"While it is not a smart idea to try to predict what will happen this year or five years from now in some place that we haven't even thought of, there will always be a risk of two things," Coyle said.
"One, of people with justifiable legal claims against a government feeling frustrated because they are being treated like second-class citizens because they are not able to have their rights honoured.
"The second risk is some people in some communities may feel they need to do more to get public attention to the grievance so that they can have it addressed."
Those are the ones that cover violations of treaties, some going back hundreds of years, and cover most of the land claims in Ontario.
There are about 230 such claims filed by First Nations in Ontario, but they could turn out to be the tip of the iceberg.
While Walpole Island, for instance, has 21 claims filed with the Canadian government, it has 34 claims it is working on.
"When you start researching one claim and looking at it, you discover other things," said White.
And then there are the claims filed against the province.
While the original treaties are a federal matter, Ontario sometimes becomes part of a claim because it controls all Crown land, a favourite target in land claim negotiations.
At other times, it is drawn in for enforcing provincial fishing and hunting regulations that are in direct conflict with rights that were promised to natives by the Crown.
Ontario is now negotiating seven land claims, and is reviewing another 50 claims to decide if it will agree to negotiate.
Other claims are being pursued through the courts.
Then there are claims called "comprehensive claims," involving allegations by a First Nations group that they never negotiated away their aboriginal title to the land, a concept that has been upheld by the Supreme Court of Canada.
One such claim that has been accepted as legitimate for negotiation by the Canadian government is the Algonquin land claim.
It covers 36,000 square kilometres and includes most of Algonquin Park, CFB Petawawa and the national capital region, including Parliament Hill. More than one million people live in the area covered by the claim.
The federal government has said a final settlement of that claim may include land, financial compensation, economic development initiatives and harvesting rights for fishing, hunting and trapping.
A similar claim based on aboriginal title has been launched by the Walpole Island First Nation and the Saugeen and Nawash First Nations.
The First Nations claim they have title to the land across to the U.S. border under sections of lakes Erie, St. Clair and Huron, and the Detroit and St. Clair rivers.
Specific land claims range from relatively small ones, such as one the Oneida Nation of the Thames filed for mismanagement of 75 pounds sterling in 1842, to massive ones, such as the Six Nations claim to the land six miles on either side of the Grand River from Lake Erie to its source.
In the Walpole Island case, the First Nation is claiming the entire Sombra Township was supposed to be a reserve, but was instead sold off to settlers.
Most land claims involve allegations that the natives were never given all of the land originally promised in their treaties. In other cases, First Nations claim they were forgotten when the treaties were being negotiated.
And there have been documented cases of fraud, bribes paid to natives to get them to vote to surrender their land, and reserve land that was simply taken by the government and sold off
"A lot of things have gone wrong in the relationship in the past and dealings with aboriginal peoples and their lands and their rights," said Coyle.
And there is no quick fix.
The situation has reached the point that one of the first qualifications a First Nation looks at when they hire a lawyer to press their case is their age, White said.
"We want to be sure they will be around long enough to possibly see it through," he said.
NATIVE LAND CLAIMS IN ONTARIO
THIS IS NOT A COMPREHENSIVE LIST OF LAND CLAIMS IN ONTARIO. RATHER, IT INCLUDES THE MAJOR CLAIMS AND THOSE AT VARIOUS STAGES BEFORE THE COURTS. THERE ARE MORE THAN 100 CLAIMS IN ONTARIO.
1. Algonquin land claim. The largest under negotiation in Ontario, covering 36,000 square kilometres that includes the nation's capital, Ottawa, most of Algonquin Park, and CFB Petawawa.
2. Six Nations of the Grand River has the most land claims filed in Ontario, including that the conditions of the Haldimand Deed of 1784 were breached. The deed gave natives all the land six miles on either side of the Grand River from its mouth to its source.
3. Walpole Island lawsuit claiming aboriginal title to the Canadian portions of Lake Huron south of Goderich, Lake St. Clair, the St. Clair and Detroit rivers and the western part of Lake Erie.
4. Chenail Ecarte claim by Walpole Island First Nation covers Sombra Township and part of Chatham Township.
5. Boblo Island claim by Walpole Island First Nation.
6. Chippewas of Sarnia claim that 2,450 acres of its reserve was sold by the Crown in 1840 to politician Malcolm Cameron without the land being surrendered by the First Nation.
7. Caldwell band claims its members are original inhabitants, occupants and owners of Point Pelee and Pelee Island and that it never surrendered Point Pelee in 1790.
8. Kettle and Stony Point First Nation lawsuit claims the 1927 surrender of part of the Kettle Point reserve and its subsequent sale in 1929 is invalid.
9. Kettle and Stony Point First Nation claims the 1928 surrender and sale of 377 acres of the Stoney Point Reserve (Ipperwash Provincial Park) was invalid.
10. Chippewas of Nawash and Saugeen First Nation have filed a lawsuit claiming aboriginal title to the land under the water beginning 18 kilometres south of Goderich, west to the American border, north around the tip of the Bruce Peninsula, east to the middle of Georgian Bay and south to Nottawasaga Bay.
11. Chippewas of Nawash and Saugeen claim includes the return of 50,000 acres in the Bruce Peninsula plus financial compensation for treaty violations.
12. Chippewas of the Thames First Nation claim 5,120-acre Big Bear Creek Reserve was sold by the Crown in the 1830s without a proper surrender.
13. Mississauga Tribal Council claims that 1797 treaty for cession of lands at Burlington Bay was illegal and that the Mississauga Nation retained rights and title to lakeshore at Burlington Bay and 200 acres at Burlington Heights. Other claims include that lakeshore in the townships of Oakville Burlington, Mississauga and Etobicoke were never ceded by treaty or otherwise.
14. Mississauga Tribal Council claims land covered by the Niagara treaty of 1781 in Niagara region was never properly ceded.
15. Chippewas of Beausoleil, Rama and Georgina Island claim reserve land was taken illegally in 1836.
16. Curve Lake First Nation claims reserve land set aside in 1837 was flooded when dams constructed for the Trent-Severn Waterway raised water levels.
17. United Indian Council claims the 1923 Williams Treaty is invalid, that there was inadequate compensation for land taken and failure to provide reserves.
18. Alderville First Nation claims 2,350 acres at Bay of Quinte were taken without proper surrender.
19. Mohawks of Akwesasne claim islands in the St. Lawrence between Gananaque and Prescott.
20. Wahnapitae First nation claims it didn't receive amount of reserve land under its treaty.
21. Temagami First Nation claims it has aboriginal title to 10,360 square kilometres in vicinity of Lake Temagami.
22. Matachewan First Nation claims outstanding treaty land entitlement.
23. Wahgoshig First Nation alleges the 1951 and 1974 division of assets between the Wahgoshig and Abitibiwinni First Nations in Quebec was unfair.
24. Mattagami claim flooding of 1,340 acres of reserve.
25. Mississaugas of the Credit claims the Toronto Purchase (1787 & 1805) was illegal.
26. Chapleau Ojibway First Nation claims an error in 1906 led to a land entitlement shortfall under its treaty of 8,051 acres.
27. Moose Cree First Nation claims it is owed land under its treaty. Also, that Canada failed to provide 14 First Nation veterans with lands promised.
28. Missanabie Cree claims it was a separate and distinct band at the time of treaty and should have received full land entitlement.
29. Eight First Nations -- Long Lake, Pays Plat, Sand Point, Whitesand, Rocky Bay, Pic Mobert, Red Rock, and Ojibways of the Pic River -- claim they were never part of the Robinson Superior treaty and still retain aboriginal title to the lands covered by it: more than 50,000 square miles.
30. Eabametoong First Nation claims a population-count error in 1909 led to a land entitlement shortfall of about 10 square miles.
31. Weenusk First Nation claims a shortfall of 23.7 square miles in its treaty land.
32. Kitchenuhmaykoosib Inninuwug First Nation claims it has not received full amount of treaty land.
33. Wabigoon Lake Ojibway Nation claims Canada permitted non-Indians to construct dams that led to the flooding of 1,300 acres of reserve land.
34. Grassy Narrows First Nation and Wabauskang First Nation claim treaty shortfall of 7,314 acres.
35. Iskatewizaagegan claims there was an improper surrender of its land for flooding. It also claims 32 islands in Indian Bay.
36. Grand Council of Treaty No. 3 claims Indian Affairs sold Anicinabe Park without consultation.
37. Wauzhushk Onigum Nation suit over the flooding of the Lake of the Woods and the damage to reserve lands.
38. Couchiching First Nation claims a shortfall of 224,000 acres under its treaty land entitlement.
39. Lac La Croix First Nation claims Canada failed to prevent inclusion of unsurrendered reserve land in Quetico Provincial Park.
40. Wabigoon Lake Ojibway Nation claims it was never compensated for the flooding of more than 2,300 acres.
41. Lac Seul First Nation claims its land was illegally flooded and it received inadequate compensation.
42. Fort William First Nation claims reserve doesn't reflect original treaty.
43. Fort William First Nation claims a 5,000-acre sale of reserve land in 1859 was illegal.
44. Gull Bay First Nation claims it didn't receive the land it was entitled to under treaty.
45. Pays Plat First Nation is negotiating to increase size of its reserve.
46. Michipicoten First Nation claims the boundaries of reserve don't reflect what was promised in original treaty.
47. Whitefish River First Nation claims it didn't receive the full amount of treaty land.
48. Henvey Inlet First Nation claims land illegally taken from reserve.
49. Wikwemikong First Nation claims 41 islands near Manitoulin Island were never surrendered.
50. Moose Deer Point First Nation claims promises made in 1837 amounted to a treaty that included land for settlement.