URGENT: Canada’s Plan to Challenge Specific Claims Tribunal Decisions Leaves Land Claims Uncertain How This May Impact Your First Nation and What You Can Do About It. August 26, 2013 ubcic.bc.ca/News_Releases/UBCICNews08261301.html#axzz2d8gt8iDh The Tribunal’s Decision in Kitselas Specific Claim On February 19, 2013 the Specific Claims Tribunal issued a decision in favour of the Kitselas First Nation’s specific claim to its village lands, a claim formally rejected by Canada in October 2009. Specific claims deal with Canada’s failure to fulfill historical lawful obligations to protect Indian lands and assets. The process for resolving them has been fraught with conflict of interest, delay and unfairness. The Tribunal was established in 2008 as a fully independent body mandated through legislation to make binding and final decisions on specific land claims. In Kitselas First Nation v. Canada, the Tribunal found that the Kitselas First Nation used and occupied its ancient village site of Gitaus, and that Canada breached its duty as a fiduciary when Indian Reserve Commissioner Peter O’Reilly failed to include the village when creating the Kitselas’ reserve. Despite its public commitments that Tribunal decisions would be final and represent lasting resolution of specific claims, on March 21, 2013 Canada applied to the Federal Court of Appeal to review the Tribunal’s decision in Kitselas. The decision was only the second one issued by the Tribunal and the judicial review will shape the role of the Tribunal and the future of specific claims. What is at Stake? Why should you care? The outcome of this judicial review will profoundly impact all First Nations in British Columbia, whatever stage their specific claim may be in – whether researching and drafting, waiting for the Minister’s decision, or advancing the claim before the Tribunal. More broadly, if Canada is able to minimize its responsibility as a fiduciary, it will succeed in limiting the scope and level of redress and compensation it owes to First Nations with specific claims across Canada. The Tribunal’s decision in Kitselas defines Canada’s obligations and responsibilities during BC’s unique historical reserve creation era so it affects all First Nations in B.C. If the Federal Court of Appeal agrees with Canada and overturns the Tribunal’s decision in Kitselas: •Any claim relating to lands a First Nation used, but that were not reserved by the Reserve Commissioners, may not find resolution through the specific claims process. Canada will continue to reject these types of claims on the grounds that it was not under any obligation to reserve particular lands (such as village sites, graveyards, etc); •Canada may be cleared of any responsibility for any claim arising prior to 1938, as it will be able to maintain that it has no fiduciary obligation in relation to lands a First Nation was using and occupying prior to 1938; •Prime Minister Stephen Harper’s promise of a Tribunal that makes final and binding decisions will be meaningless as ultimately it will be the Federal Court making decisions on the merits of specific claims, NOT Tribunal judges. What can you do about it? Make sure the voices of First Nations in British Columbia are heard in this judicial review. by joining the Kitsleas coalition to apply to intervene status and/or by providing financial support to this initiative. Join the Coalition to Intervene The Union of BC Indian Chiefs (UBCIC) has passed Resolution # 2013-24 directing our Executive to seek the necessary resources to apply and to seek partnerships with like-minded organizations to jointly intervene in the judicial review on the grounds that the Federal Court’s decision will greatly impact all BC First Nations with specific claims. The Nlaka’pamux Nation Tribal Council and the Williams Lake Indian Band have already committed to partner with the UBCIC in this intervention. Joining the coalition means you would sign on as a partner in the application to intervene and contribute whatever financial support you are able. Provide Financial Support If you do not wish to partner in the intervention but support the work of the coalition, please provide financial support so First Nations’ voices across BC and Canada can be heard. It is a critical opportunity to influence the direction of specific claims resolution. To make a donation, please send a cheque addressed to Mandell Pinder LLP In Trust with the memo note “Kitselas” to: Mandell Pinder LLP 422 - 1080 Mainland Street Vancouver, BC V6B 2T4 OR Union of BC Indian Chiefs 500-342 Water Street Vancouver, BC V6B 1B6" "For more information, please contact: Jody Woods, Research Director, UBCIC, 604-684-0231, [email protected] or Debbie Abbott, NNTC, 1-866-455-2711, [email protected]" "Read more: URGENT: Canada’s Plan to Challenge Specific Claims Tribunal Decisions Leaves Land Claims Uncertain Follow us: @UBCIC on Twitter | UBCIC on Facebook"
Posted on: Tue, 27 Aug 2013 04:18:32 +0000
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