The Government of Canada and the Long Plain First Nation have resolved an outstanding specific claim through negotiations. Negotiations lead to solutions that balance the needs of all Canadians. This settlement honours the federal government’s obligations to First Nations and opens the door to investment and business opportunities that can bring jobs and long-term economic benefits to their members and surrounding communities.
Overview of the “Loss of Use” Claim
The basis of the “Loss of Use” claim is that the First Nation was owed compensation for lost opportunity to use land promised under Treaty 1, which was signed in 1871. The claim has a unique history as it is connected to an earlier settlement concluded with the First Nation in 1994. While the 1994 settlement resolved the First Nation’s Treaty Land Entitlement claim, it also set out a process that the First Nation could follow to pursue a separate “loss of use” claim.
The goal of the negotiations was to resolve this outstanding issue by providing the First Nation with compensation for the “loss of use” or lost opportunity to use the claim lands over time.
Negotiation Milestones
Canada accepted the First Nation’s “Loss of Use” claim for negotiation under its Specific Claims Policy. Negotiations to conclude a settlement began in November of 2005. In November of 2010, Canada tabled a settlement offer and the First Nation agreed to take this offer to its members for a vote. Long Plain First Nation members approved the settlement in a vote on April 11, 2011. The settlement was then approved by Canada on February 28, 2012.
Settlement Agreement
The settlement agreement includes financial compensation to resolve the claim. This is a claim for financial compensation only. The settlement does not have a land component.
Under the settlement, Canada will provide the First Nation with $21.3 million to resolve the claim. Research was conducted during the negotiations to assist in assessing how much compensation would be fair to resolve the claim. Ultimately, the proposed settlement is the result of negotiations between the parties.
In return for this compensation, the First Nation will provide Canada with a release of its claim to ensure the claim can never be re-opened.
The Long Plain First Nation is located approximately 20 kilometres from Portage La Prairie, Manitoba, and has approximately 4,000 members.