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Home /Claimsmap /Ontario /Inquiries /Completed Inquiries – Reports Released Completed Inquiries – Reports Released01/03/1998 Chippewa Tri-Council [Collins Treaty] - March 1998March 1998 The specific claim was submitted to the Department of Indian Affairs in 1986 by the Chippewa Tri-Council, composed of the Chippewas of Beausoleil First Nation, the Chippewas of Rama First Nation, and the Chippewas of Georgina Island First Nation. Indian Affairs rejected the claim in October 1993, and the Tri-Council brought the claim to the Indian Claims Commission (ICC) shortly thereafter. The Chippewa Tri-Council claim was originally based on traditional use and occupation of certain lands in the province of Ontario by the Chippewa people. The lands at issue were roughly described in the statement of claim as falling within the following townships in Simcoe County: Oro, Medonte, Orillia, Matchedash and Tay. In the 18th century, the British became interested in this area because of its strategic military importance for communication, trade and travel. In 1785, John Collins, then Deputy Surveyor General, was asked to survey the route and report on what lands might be required from the Indians in the region. Collins reported in August of that year that he had entered into an agreement with Chiefs of the Mississauga Nation (the Mississauga and Chippewa Indians were both part of the Ojibwa Nation and were often mistaken for each other). A memo written by Collins at the time seemed to indicate that the agreement was for a right of passage or right of way. This agreement came to be known as the "Collins Purchase." The nature of the agreement was an important issue in the claim. There was some question as to whether the agreement actually constituted a treaty; whether it allowed a right of passage or was actually a purchase or surrender of the land; whether Collins had the authority to enter into a treaty; and what, if any, compensation was due. The issues were further complicated by the fact that the Collins Treaty lands were included in the 1923 Williams Treaty, which provided for the surrender of three large tracts of land in southern Ontario. The relationship between the Collins Treaty and the Williams Treaty raised more issues in the claim, including alleged breaches of Canada's fiduciary responsibilities and resulting damages to the Chippewa Tri-Council nations. With the Commission's involvement, the parties managed to clarify and focus these issues and arrive at a mutual agreement. The Commission's inquiries begin with planning conferences – meetings chaired by the ICC at which Canada and the First Nation jointly discuss the issues and their positions. The unique process used by the Indian Claims Commission involved bringing the parties together to discuss the merits of the claim face to face in an informal, open manner on several occasions. In this instance, Canada agreed to accept the Chippewa Tri-Council claim under its Specific Claims Policy, and, when the parties arrived at a basis for a settlement, there was no need to proceed with a full inquiry. A claim by three Ontario First Nations that had remained unsettled for almost 12 years has now been accepted by Canada, and an agreement in principle has been reached for a settlement. The Commission released its report into this inquiry in March 1998. Response: In March 1998, the government accepted the claim for negotiation. Settled in December 1998 for $565,000 in federal compensation. |