|
|
|
Prepared by Indian and Northern Affairs Canada January 1999
In May 1790, the Ottawa, Chippewa, Pottawatomi and Huron Indians surrendered, and Aboriginal title was extinguished, on a large tract of land in Southwestern Ontario, including Point Pelee. This surrender was done in exchange for ££1200 in goods, and certain lands were reserved out of the surrender area for their use. However, the Caldwell First Nation (CFN) did not benefit from the Treaty. The evidence indicates that the Caldwell were promised land at Point Pelee. Research shows that the CFN, sometimes also called the Chippewas of Point Pelee, lived as a distinct Band in the Point Pelee area from before 1763 until the late 1850s. The records also indicate that since at least 1939 the CFN complained about encroachments on their lands. They were forced to leave Point Pelee due to the encroachment by settlers in the late 1850s.The CFN has pressed its claim for land since the 1830s without success. At various times in the 19th century and the early part of this century, the Department of Indian Affairs took some preliminary steps to provide a reserve for the First Nation. None of these attempts was ever completed, and the FirSt Nation remains without a land base and other benefits under the 1790 Treaty. The CFN submitted its claim to the Point Pelee area in December 1973. The Band alleged that they were the original inhabitants, occupants and owners of Point Pelee and Pelee Island, that it never surrendered Point Pelee and that the 999-year lease purportedly given to Pelee Island was invalid. Based on the information submitted at the time, Canada could not accept the claim for negotiation and formally rejected it in September 1974. The Pelee Island claim is a separate and distinct claim from the Point Pelee and the 1790 treaty and is currently undergoing research. It is too early to determine if it will be accepted or not. The Pelee Island claim could involve more than one First Nation. In 1987, the CFN submitted further information on the Point Pelee and 1790 claim and was encouraged to discuss its claim with the Specific Claims Branch of the Department of Indian Affairs and Northern Development. In 1992, the CFN tabled a "Land Acquisition Proposal" with the Indian Commission of Ontario. The proposal, prepared with financial support from the Province of Ontario, outlined the social and economic needs of the CFN and identified a work plan for the resolution of the land acquisition issue. In March 1993, it was determined that more research was required to determine the basis of any obligations that may exist on the part of governments to provide a land base to the CFN. A more detailed historical review was undertaken in co-operation with the First Nation. Governments also agreed to hear the CFN’s arguments related to social and economic needs. The Province of Ontario did not accept the claim and did not participate in the negotiations. In July 1995, after a full historical and legal review was completed, recognizing that Canada had an outstanding lawful obligation from the nonfulfillment of the 1790 Treaty, Canada accepted the allegations with respect to Point Pelee and the 1790 treaty. The claim was accepted for negotiations on May 26, 1996 under the Specific Claims Policy. Canada and the First Nation reached an Agreement-in-Principle on October 30, 1998. All Canadians benefit when we negotiate rather than litigate the resolution of specific claims. Litigation is costly, risky, lengthy and often does nothing to address the sense of grievance. Both Aboriginal and non-Aboriginal Canadians benefit from the just resolution of specific claims. The settlements provide First Nations with means to launch economic development initiatives that can strengthen their communities and economies. The Government of Canada recognizes that a treaty relationship exists with the Caldwell First Nation. A vision for the future should build on recognition of the rights of Aboriginal people and on the treaty relationship. Beginning almost 300 years ago, treaties were signed between the British Crown and many First Nations living in what was to become Canada. These treaties between the Crown and First Nations are basic building blocks in the creation of our country. For most First Nations, the historical treaties are sacred. They impose serious mutual obligations and go to the heart of how the parties wanted to live together. The federal government believes that treaties both historical and modern and the relationship they represent provide a basis for developing a strengthened and forward-looking partnership with Aboriginal people. The Government of Canada affirms that treaties, both historical and modern, will continue to be a key basis for the future relationship. Canada remains committed to balancing the just claims of First Nations with the equally just concerns of non-Aboriginal parties. First Nations are not interested in dispossessing private owners and property will not be affected by claims settlements. January 14, 1999 |
© 1999 Pickens-Slack.
|
