OTTAWA — The federal government is preparing to make final cash offers to several First Nations who, in some cases, have been in land-claim negotiations with Ottawa for years.Aboriginal Affairs Minister John Duncan told First Nations representatives on Tuesday that negotiations would continue in some of the hundreds of outstanding land-claim cases.
A department spokeswoman echoed the Minister, saying the government is working to reach settlements within a three-year time frame wherever possible. “However, in cases where Canada feels it has enough information to make a fair and reasonable settlement offer, it is proceeding to do so,” Madalina Carlea said.
Mr. Duncan was responding to reports alleging the government was moving to cut off hundreds of negotiations dealing with the finances and assets of many bands across the country.
Despite his assurances the final offers will not be widespread, the Assembly of First Nations (AFN) remains concerned about the three-year-old process the government set up to deal with land claims and is questioning whether it will be used to limit negotiations and set time limits on some.
“We still need to ensure that the government knows it’s their responsibility to work with First Nations and negotiate specific land claims in good faith,” said British Columbia regional chief Jody Wilson-Raybould, who received a note from the Minister’s office on Tuesday afternoon.
The AFN moved swiftly to seek clarification from the federal government on Tuesday, one day after the Aboriginal Peoples Television Network reported Ottawa was going to throw hundreds of one-time cash options as final offers instead of continuing to negotiate with claimants.
“First Nations are naturally concerned about any apparent attempt that may diminish or deny our lawful claims,” National Chief Shawn Atleo said in a statement. “Claims must be dealt with through a process that is respectful of the legal obligations of all parties, including the federal government.”
In a statement, Mr. Duncan said the television report contained “inaccuracies,” but did not elaborate.
Some First Nations discussed the government’s potential move at their annual general assembly earlier this month, saying it could affect up to 65 ongoing negotiations.
In the preamble to a resolution on the matter that passed at the Moncton, N.B., assembly, the chiefs wrote that they had learned the government is “taking a take-it-or-leave-it approach to specific claim settlement offers, regardless of when negotiations started and regardless of the progress of negotiations, telling First Nations to ‘go to the tribunal if they don’t like it.’ ”
The Specific Claims Tribunal Act was passed in 2008 as a means to ensure all claims are heard in a timely manner. Once the bill was passed, it set the stage for the tribunal, which is able to award a maximum of $250-million in settlements per year.
The act required negotiations on specific claims — which concern grievances related to Canada’s duties under existing treaties or how it managed First Nations’ funds and other assets — be wrapped up within three years. If no settlement is reached, cases can be taken to the tribunal, which will issue a binding decision.
First Nations chiefs said the federal government could be using the law to “arbitrarily shut down” negotiations.
Settling negotiations in a “timely manner” remains a key goal for Mr. Duncan, his spokeswoman said Tuesday.
“First Nations raised concerns in the past about the slow pace of progress in resolving outstanding claims,” said Michelle Yao said. “Negotiations continue to be Canada’s first choice for resolving specific claims, and we are working with First Nations to that end.”
Despite the Minister’s message, Liberal MP and critic for aboriginal and northern development Carolyn Bennett said any “abrupt, unwarranted end to negotiations” flies in the face of the government’s commitment to negotiating specific claims.
“Telling First Nations to ‘take it or leave it’ is not negotiating,” she said in a statement. “Use of the Specific Claims Tribunal process alone to settle claims will deny First Nations justice and financial fairness, and will not fully and respectfully honour Canada’s lawful obligations to First Nations.”
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Source: National Post
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