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20/03/1998

Indian Claims Commission Assists Chippewa Tri-Council and Canada in Reaching Agreement in Principle to Settle 1785 Collins Treaty Claim

Ottawa (March 20, 1998) - A claim by three Ontario First Nations that remained unsettled for almost 12 years has now been accepted by Canada and an agreement in principle has been reached for a settlement. The 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 shortly thereafter.

The unique process used by the Indian Claims Commission (ICC or "the Commission") involved bringing the parties together to discuss the issues and the merits of the claim face-to-face in an informal, open manner. Ultimately, as a result of these discussions, Canada agreed to accept the claim under its Specific Claims Policy and the parties arrived at a basis for a settlement. There was no need to proceed to a full-blown inquiry.

"We see in this case how a claim which stood unsettled for many years was resolved through perseverence, good will and the shared desire of the parties to deal with this grievance in a fair and just manner," said ICC Commissioner Roger Augustine. "These qualities are the hallmarks of the ICC's approach, and we believe they should be a feature of any progressive claims process."

The Chippewa Tri-Council claim was based on traditional use and occupation of certain lands in the province of Ontario by the Chippewa people. The lands at issue are located between Lake Simcoe and Georgian Bay, described in 1795 as one mile on each side of a foot path that stretched from the Narrows at Lake Simcoe to Matchedash Bay (part of Georgian Bay), with three and a half miles at each end of the path, and one mile on each side of the Severn River from Lake Simcoe to Matchedash Bay (see map).

In the 18^th 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 one another). A memo written by Collins at the time seemed to indicate the agreement was for a right of passage or right of way. This came to be known as the "Collins Purchase" or "Collins Treaty".

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 clouded by the fact that the Collins Treaty lands were included in the 1923 Williams Treaty, which provided for the surrender of 3 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 member nations.

With the Commission's involvement, the parties managed to clarify and focus these issues and arrive at a mutual agreement. ICC inquiries begin with a planning conference - a meeting or series of meetings chaired by the ICC in which Canada and the First Nations jointly discuss the issues and their positions. Bringing the parties together at an early stage to discuss the history and merits of the claim is not a feature of the claims process used by the Department of Indian Affairs. ICC Commissioners have found that open discussion in an informal setting early on can address concerns and head-off impasses before they arise.

For example, in this case the parties agreed that matters arising from the Williams Treaty did not have to be addressed. The claim which was ultimately accepted related to the agreement between the Crown and the Chippewas for a right of passage from Lake Simcoe to Lake Huron in exchange for certain promises which had not been fulfilled. In October 1997, after five planning conferences, an agreement in principle was reached on the terms of the proposed settlement, and Canada accepted the claim as a "fast-track claim" under the Specific Claims Policy, designed to settle claims for compensation of $500,000 or less.

"The planning conferences have been a key to our Commission's success. Face-to-face discussions help to prevent misunderstandings and clarify failures of communication," said ICC Co-Chair Dan Bellegarde. "We have seen long-standing disputes resolved at this early stage, preventing the need for a full blown inquiry or court action. It saves everyone time, money and a good deal of frustration." To date, 16 claims have been accepted for negotiation or settled through the assistance of the ICC's process. Many of these breakthroughs were achieved by the parties during the planning conferences. Even where the planning conferences do not lead to immediate acceptance, they the planning conferences make the inquiry more convenient, expeditious and effective.

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