Benefits of Settling Claims
Claim settlements honour lawful obligations owed to First Nations, resolving longstanding disputes about land in a way that is fair for everyone. Settlements right past wrongs while protecting the interests of private land owners.
In return for this compensation, the Chippewas of the Thames First Nation will provide Canada with a surrender and release of their claim to ensure certainty and finality. Settlements must bring closure for all concerned.
Settlements also open up investment and business opportunities that can bring economic benefits and build new partnerships for First Nations and neighbouring communities. Canada has put in place practical measures to ensure progress is being made in negotiations.
At a Glance: the Claim
Canada agreed to negotiate the Big Bear Creek claim after a comprehensive historical and legal review. The goal of the settlement of this claim is to compensate the Chippewas of the Thames First Nation for the loss of 5,120 acres of Reserve land that were set aside under the Longwoods Treaty of 1820. This land was sold by the Crown in the 1830s without the consent of the Chippewas of the Thames, and the First Nation has never received replacement lands or adequate compensation.
Canada and the Chippewas of the Thames First Nation have reached a final settlement on an outstanding claim that includes nearly $120 million in financial compensation to bring closure to these longstanding issues once and for all.
History of the Negotiations: An Overview
The Big Bear Creek claim was submitted by the Chippewas of the Thames First Nation in August 1999. The Government of Canada accepted the claim for negotiations under its Specific Claims Policy in August 2008.
In March 2012, Canada presented a settlement offer to Chippewas of the Thames First Nation. The negotiated settlement agreement was approved by First Nation members in a vote on March 23, 2013. The First Nation's membership also approved the First Nation's plans for managing its settlement funds. The Minister approved the settlement agreement on November 25, 2013.
Key Elements of the Proposed Settlement
The settlement includes only financial compensation. However, the First Nation can purchase lands on the open market and apply to have them added to the reserve, pursuant to Canada's Additions to Reserve (ATR) Policy.
Research was done during the negotiations to help quantify losses and assess the impact that the loss of the Big Bear Creek Reserve had on the First Nation. Factors such as the location of the claim land and the age of the claim had a significant impact on the proposed compensation amount. The Chippewas of the Thames First Nation reached its own agreement as to how the compensation will be managed by the community.
How does the settlement deal with land issues?
The same policy that is in place for negotiating agreements elsewhere in Canada applies to the settlement of the Big Bear Creek claim. That is, Canada does not expropriate land to settle any claims. No land will be taken away from anyone to settle this claim. Nor will anyone be asked to sell their land unwillingly.
The Chippewas of the Thames First Nation can use settlement funds to buy land on the open market, on a willing seller, willing buyer basis, and apply to have up to 5,120 acres designated as reserve land under Canada's ATR Policy.
Third Party Interests
The interests of third parties such as private land owners have been taken into account in this process. The following principles have guided these negotiations and shaped the settlement.
The protection of private property: The rights of private land owners to make use of and access their land will be protected under the settlement. No privately-owned land will be expropriated to settle this claim. If any land changes hands after a settlement, it will be on a willing-seller/willing-buyer basis.
The sharing of information with the public: In September 2012, the federal negotiator wrote to stake-holder municipalities to provide them with information on the claim, the settlement and the reserve creation process.
