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29/06/1994
Report Recommends Government and Lax Kw'alaams Indian Band Re-Start Negotiations on Specific Claim
Ottawa (June 29, 1994) - The Indian Claims Commission (ICC) today released its Report onthe Inquiry into the Lax Kw'alaams Indian Band's specific claim. The Band requested the ICC review the Government of Canada's request for an absolute surrender of lands at Port Simpson located near Prince Rupert, British Columbia.
The Commission's Report recommends the Department of Indian Affairs and Northern Development modify its demand for an absolute surrender to ensure that it does not extinguish the Aboriginal interests of the Lax Kw'alaams Band over a portion of their traditional lands. The compensation offered by Canada to the Band related to the Crown's failure to obtain a valid surrender of the Band's interest in Tsimpsean Indian Reserve No. 2. A portion of those lands was subsequently sold for railway purposes. At no time did the parties negotiate compensationfor the Band's unextinguished Aboriginal title.
The Report offers options to resolve differences between the parties and, if both parties agree, the Commission is prepared to act as a mediator to assist the negotiations.
In 1991 the parties came to an agreement in principle and established the major terms ofsettlement. The claim was not finalized because a condition of absolute surrender was added to the final wording of the claim settlement.
"Issues surrounding absolute surrenders and extinguishment of rights are difficult to resolve to everyone's satisfaction, but with additional efforts by both parties involved an agreement can be achieved," said Commissioner Carole Corcoran and Co-Chair Jim Prentice. "We hope the Commission will be asked to assist the parties in bringing closure to this claim which has been in negotiations for the past 12 years."
The ICC was established in 1991. Its mandate is: to inquire, at the request of a First Nation, into specific claims that have been rejected by the federal government or where the First Nation disputes the compensation criteria being considered in negotiations; and to provide mediation services on consent of the parties at any stage of the claims process.
