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THE INNU OF BETSIAMITES AND THE GOVERNMENT OF CANADA START NEGOTIATIONS ON CLAIMS TO HIGHWAY 138 AND THE BRIDGE

BAIE-COMEAU (QUEBEC) April 27, 2005 - The Chief of the Innu of Betsiamites, Mr. Raphaël Picard, and the Honourable Andy Scott, Minister of Indian Affairs and Northern Development, announced today that negotiations will begin to resolve the specific claims relating to Highway 138 and the bridge over the Betsiamites River.

These specific claims were recently accepted for negotiation. The Government of Canada recognized that it breached its legal and fiduciary obligations towards the Innu of Betsiamites under the Specific Claims Policy when it granted permission for the construction of a provincial highway in 1939, as well as a bridge over the Betsiamites River, and a connecting road linking the bridge and the provincial highway in 1955, without arranging a plan to regularize the status of the highway.

The Government of Canada also recognized that it breached its duty to clarify the terms and conditions relating to taking reserve lands, as provided by the Indian Act, during the construction of the bridge over the Betsiamites River and the section of road between the bridge and provincial highway in 1955.

When constructing a highway on reserve lands, the Indian Act provides that an instrument must be issued in order to authorize the right of way, which was never done in the case of Highway 138. In accordance with the Specific Claims Policy, the Government acknowledged that reserve lands are used illegally for a provincial highway.

Since the Government of Canada believes that these lands still have reserve status, the purpose of the negotiations is to determine damages sustained by the Innu of Betsiamites regarding the use of these lands for the purpose of a public highway, and to compensate them accordingly.

“We favour a negotiated solution over the imposition of a judicial decision. This process will allow us to achieve an agreement that is satisfactory for all of the parties involved,” said Chief Raphaël Picard.

“It is important that the Government of Canada resolve past injustices against Aboriginal nations. An agreement will renew relations between the First Nation and Canada,” said Minister Scott.

As the first stage in the negotiation process, the parties have agreed on a protocol for the negotiations which will provide a framework for the discussions.

For more information, please contact:

Éric Cardinal
Communications Advisor
(514) 258-2315/cellular

Hélène Philippe
Regional Communications Manager
Indian and Northern Affairs Canada
(418) 648-7675

Backgrounder - Background of Specific Claims to Highway 138 and the Bridge

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