The Government of Canada and the Roseau River First Nation have settled an outstanding land claim. The negotiated settlement provides the First Nation with $80 million to resolve the claim. The settlement of this claim delivers on Canada’s commitment to resolve outstanding land claims for the benefit of all Canadians.
Overview of the 1903 Surrender Specific Claim
The Roseau River First Nation’s claim relates to a land transaction that took place in 1903. The claim relates to the 1903 surrender and sale of approximately 12 sections of land from the Roseau River Reserve No. 2.
Negotiation Milestones
Canada accepted the First Nation’s claim for negotiation under its Specific Claims Policy. Negotiations to conclude a settlement began in 2008. Roseau River First Nation members approved the proposed settlement, as well as a Trust Agreement that sets out the First Nation’s plans to use and manage its settlement dollars, on February 8, 2011.
An objection was received regarding this vote and was reviewed. Following this review, the Minister of Aboriginal Affairs and Northern Development dismissed the objection on May 27, 2011, after reviewing it according to the voting guidelines jointly developed by Canada and the First Nation. It was determined that the objection was based on a misunderstanding of the purpose of an information meeting.
As the final step in the resolution process, the Government of Canada approved the settlement on July 26, 2011.
Settlement Offer
The Settlement Agreement includes both financial compensation and a land component. This is in keeping with the approach used to settle other land-related specific claims across the country.
Under the settlement, Canada will provide the First Nation with approximately $80 million to resolve the claim. Research was done during the negotiations to determine how much compensation would be fair to resolve the claim. Ultimately, the settlement is the result of negotiations between the parties.
There is also a land component to the settlement. The First Nation can use some of its settlement funds to buy land on the open market. Under the settlement, the First Nation can buy up to 7,952 acres of land and ask Canada to give those lands reserve status.
If it pursues this option, the First Nation will have up to 30 years to buy land and start the reserve creation process.
Canada does not expropriate land to settle any claim. No land will be taken away from anyone to settle this claim, nor will anyone be asked to sell their land unwillingly.
Reserve creation is not automatic. The lands must first meet the terms of the settlement and the criteria of Canada’s Additions-to-Reserves Policy. This means that a number of steps must first be completed before any lands can be given reserve status. These steps include, for example, an environmental assessment and First Nation-led consultation with municipal and provincial governments.
In return for this compensation, the First Nation provides Canada with a release of its claim to ensure the claim can never be re-opened. Settlements must bring closure for all concerned.
