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12/02/2002

Kahkewistahaw Settlement Underlines Importance of ICC Role

Ottawa (December 2, 2002) - The Indian Claims Commission (ICC) is pleased with the announcement that the Kahkewistahaw First Nation has accepted a settlement that resolves the band's longstanding 1907 surrender claim and happy with the role the Commission played in the settlement.

"Our involvement was well received by the parties who availed themselves of our mediation services," said ICC Chief Commissioner, Phil Fontaine. "First, it was largely as a result of our process that the claim was accepted; second, we were heavily involved in the negotiations, providing the facilitation necessary for the parties to achieve settlement."

The $94.6 million settlement compensates the band for loss of more than 13,000 hectares of land taken from the southern part of the reserve in 1907 and sold to settlers. The band asked the Commission to inquire into its claim in 1994, following rejection of the claim by the federal government. The Commission issued its report in 1997. It found that the federal government had breached its legal obligation to the First Nation by having engaged in "tainted dealings" and having accepted the surrender of the land contrary to the best interest of the Kahkewistahaw First Nation.

Mr. Fontaine pointed out that the Commission had worked intensively over a period of many years to ensure a positive outcome. "In addition to chairing negotiation meetings between Canada and the First Nation, we acted as study co-ordinator for the loss-of-use studies that needed to be done; coordinated meetings with consultants; and arranged for consultants to interview elders of the band. We also chaired settlement agreement meetings which tried to resolve some of the issues regarding the settlement."

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.

To download the report PDF