Backgrounder
Background of Specific Claims to Highway 138 and the Bridge
- The specific claims to Highway 138 and the Betsiamites River bridge
relate to the Highway 138 right of way, the foundation of the bridge
over the Betsiamites River, and the right of way of the section of road
connecting to Highway 138. These rights of way cover a distance of more
than 21 km.
- The Innus of Betsiamites allege that the Government of Quebec never
obtained the required legal authorizations to build the highway, the
bridge and the section of road connecting to Highway 138. This construction
made the land unusable for other purposes. Furthermore, the Innu in
Betsiamites allege that they did not receive any compensation in exchange
for the taking the land on which Highway 138 was built. Regarding the
construction of the foundation of the bridge over the Betsiamites River
and the section of road connecting to Highway 138, the Innu in Betsiamites
maintain that one of the conditions agreed upon with the Government
of Quebec was not met, namely the permanent asphalting of the village
streets.
- In 1914, the municipality formed by the seven townships of Saguenay
County made inquiries with the Government of Canada concerning the possibility
of building a colonization road on the Betsiamites reserve. The road
was not built but, in 1923, the Government of Quebec in turn asked that
a winter road be built on the reserve. On August 11, 1924, the Band
Council of Betsiamites adopted a resolution granting permission to the
province of Quebec to build the highway through the reserve. The Government
of Quebec declined to participate in the highway construction project,
but construction was completed by the Government of Canada between 1928
and 1938. This rather rudimentary roadway was at that time for the exclusive
use of the Innu of Betsiamites.
- In 1938, the provincial colonization highway project reached the
outskirts of the reserve. The province began construction of Highway
138 without advising the Government of Canada in advance. The Government
of Canada required that an application for a right of way be officially
filed by the Government of Quebec. The Quebec Government complied in
1939 and the Government of Canada authorized it to enter the reserve
in order to carry out a survey and to build the road, on the condition
that it follow the procedure provided by the Indian Act for taking reserve
land.
- Highway 138 was built in 1939. At that time a barge was used to cross
the Betsiamites River. In light of the increase in traffic, a bridge
was built in 1955, upstream on the Betsiamites River. A section of road
linking the bridge and Highway 138 was built at the same time.
- During the winter of 1954, new discussions were initiated with the
Betsiamites Band Council in order to obtain its consent to alter the
course of the provincial highway and the construction of a bridge over
the Betsiamites River. On July 7, 1955, the Band consented to the bridge
construction project, on the condition that the Government of Quebec
build a road linking the village of Betsiamites with Highway 138, that
it assume responsibility for summer maintenance for all roads north
of Ashini Street, and that it arrange for the permanent asphalting of
the village streets.
- Over the years, the Government of Canada reminded the Government of
Quebec on several occasions that it had still not submitted the required
plans for completing the procedure relating to the construction of Highway
138, the bridge and the section of road linking them. Numerous discussions
took place between the various provincial and federal stakeholders,
but the plans were never submitted. As a result, the federal Government
never obtained the Governor Order-in-Council required to allow the use
of reserve land included in the highway right of way for public purposes.
- The claims were filed by the Innu of Betsiamites in 1995. In 1999,
the Government of Canada concluded that it had not breached its fiduciary
obligations concerning these two claims. In 2001, the Innu of Betsiamites
filed the specific claims with the Indian Specific Claims Commission
for a reevaluation of the issues. In the light of information provided
during the Commission hearings, the Government of Canada finally agreed
to negotiate the two claims on January 8, 2004. The Government of Canada
and the Innu of Betsiamites subsequently held discussions to reach an
agreement on the basis of negotiations and on the negotiation process.
- During the course of the negotiations that the Government of Canada
and the Innu of Betsiamites are about to embark on, the parties will
seek to settle the long-standing grievances giving rise to the allegations
concerning the construction of Highway 138 and the bridge on the Betsiamites
reserve. The purpose of the negotiations is to quantify the losses suffered
by the Innu of Betsiamites, if any, and to regularize the use of reserve
lands.
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