Ontario Secretariat for Aboriginal Affairs October 31, 2006 ONTARIO’S APPROACH TO LAND CLAIMS

A Claim is an assertion by an Aboriginal community that the Crown has not lived up to its commitments or obligations. An Aboriginal community may claim that:  The Crown has not extinguished its right to use and occupy traditional lands (e.g., Aboriginal Title Claim)  The Crown has denied it, in whole or in part, the benefits of a treaty (e.g., Reserve Land Claim)  The Crown has committed an unlawful act against it (e.g., trespass, fraud)  The Crown has failed to properly administer its assets (e.g., breach of trust) WHY CLAIMS EXIST

Meet Ontario’s legal obligations in respect of Aboriginal people Negotiate rather than litigate resolutions to land claims where appropriate Use the negotiation process to enhance public involvement in claims to allow for an efficient and accountable process and to address the rights and interests of Aboriginal and non-Aboriginal people affected by claims Continued... ONTARIO’S POLICY APPROACH

Use land claim settlements to bring closure and certainty to land and legal issues Create a public environment for economic development, on and off the reserve, through the resolution of land claims Work with First Nations to encourage the use of land claim settlements as a tool for economic and community development ONTARIO’S POLICY APPROACH

PRE-NEGOTIATIONS  Submission of land claim by Aboriginal community  Preliminary analysis  Historical review  Legal review  Policy review  Decision re: accepting claim for negotiation Continued... THE LAND CLAIMS PROCESS

NEGOTIATIONS  Minister Responsible for Aboriginal Affairs provides mandates for negotiation  Parties develop negotiations framework agreement  Parties conclude Agreement-in-principle setting out proposed elements of settlement  Settlement agreement concluded setting out legally binding terms and conditions of settlement Continued... THE LAND CLAIMS PROCESS

IMPLEMENTATION Implementation of settlement agreement Examples:  Land transferred to Canada to be set aside as Reserve  Financial compensation THE LAND CLAIMS PROCESS

Newsletters and fact-sheets sent to local municipal officials, affected public and the media. Public meetings, open houses and workshops. Advisory committees to the Ontario negotiator. On complex claims, Ontario may invite a representative (e.g. from municipal government) to participate as a member of the Ontario negotiating team PUBLIC INVOLVEMENT

More information on land claims can be found on the Ontario Secretariat for Aboriginal Affairs website: Ontario submitted a paper on land claims to the Ipperwash Inquiry: For More Information

The Haldimand Proclamation of 1784 authorized Six Nations to take possession of and settle on lands “six miles deep from each side of the [Grand] river” from Lake Erie “to the head of the river”. The land referred to in the Haldimand Proclamation came to be known as the Haldimand Tract. The Haldimand Tract was given to the Six Nations for their loyalty to the British Crown during the American Revolution. As a result of numerous surrenders and land transactions, Six Nations says that the present day reserve occupies less than five per cent of the original Haldimand Tract. Continued... SIX NATIONS’ CLAIMS

Many of Six Nations’ claims stem from disagreements about the surrenders and land transactions. Between 1976 and 1984, Six Nations filed 29 claims with Canada. One claim has been settled by Canada. In 1994, Six Nations, represented by the Elected Council, brought a claim in court against Ontario and Canada for an accounting of some of the transactions involving Six Nations’ lands and the proceeds of their disposition. This litigation encompasses at least 14 claims. Currently, the litigation is on hold while the parties explore options for resolution in the context of the current negotiations. SIX NATIONS’ CLAIMS