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Fact Sheet
The area of the Town of Maniwaki located south of the Desert River was developed on lands that were originally part of the Desert River Indian Reserve, created in 1853, and now known as the Kitigan Zibi Indian Reserve. These municipal lands were included in historical land transactions which are currently subject to specific claims by Kitigan Zibi Anishinabeg (KZA). Six (6) of those claims were settled in 1988, 1996 and 1999. There are currently twenty nine (29) other claims from KZA in the specific claims process, of which two (2) are currently subject to negotiations. The Old Burial Ground ClaimThe Old Burial Ground claim is one of two specific claims currently in negotiations. The claim concerns 1.39 acre of land located within Maniwaki (see attached map). Approximately half of the claim area is covered by a provincial highway right-of-way (Highway 107) and the remainder is part of a lot recently purchased, on a willing-seller willing-buyer basis, by a corporation of KZA. The land was used as a burial ground until 1881 for the Catholic population of KZA and Maniwaki. Because of erosion by the Gatineau River, the remains of the deceased were removed to safer grounds in the Assomption Parish cemetery. However, because of the continued erosion, KZA decided to lease out this land in order for the lessee to add improvements to protect the gravesites. KZA provided a surrender for lease of the land in 1889. At time of renewal of the lease, the Government of Canada (Canada) thought the land had reverted to the province, at the time of the original surrender for lease, as per the 1921 Star Chrome court decision. Letters patent were therefore issued by the province in 1946. The claim was submitted by KZA in 1994 and accepted for negotiations in 1995 by Canada, under the Specific Claims Policy, on the basis that the Crown breached its fiduciary obligations with respect to the administration of the lease. This breach resulted in KZA losing reserve land because of the issuance of provincial letters patent. Canada also concluded that the terms of the lease were not in the best interest of KZA. More importantly, Canada concluded that the claim land was never the subject of an absolute surrender and, therefore, still has reserve status to this day. The Government of Québec concurs with this finding. Negotiations started in 2002 and the parties recently reached an agreement-in-principle. During negotiations, both the Government of Quebec and the Town of Maniwaki were consulted and kept regularly informed of progress achieved. The settlement agreement was negotiated in a spirit of recognition and reconciliation because the land was part of a burial ground included in the Kitigan Zibi Indian reserve and the burial ground was used for both the population of KZA and of Maniwaki. The settlement agreement includes the following provisions:
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Revised:
2006-11-20
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