FACT SHEET

Caldwell First Nation specific claim

The Government of Canada and the Caldwell First Nation are moving forward with a settlement process to resolve a specific claim that relates to reserve land and other benefits promised in a 1790 Treaty as well as to land promised during the War of 1812.

Historical Overview

• Research shows that the Caldwell First Nation, sometimes also called the Chippewas of Point Pelee, lived as a distinct First Nation in the Point Pelee area from before 1763.
  
  
• In May 1790, the Ottawa, Chippewa, Pottawatomi and Huron First Nations surrendered a large tract of land in southwestern Ontario, including Point Pelee. This surrender was done in exchange for £1200 in goods, and certain lands were reserved out of the surrender area for their use. However, the Caldwell First Nation did not benefit from the treaty.
  
  
• The Caldwell First Nation served as allies of the British during the War of 1812. In consideration of this service, they were promised land at Point Pelee. The First Nation continued to occupy Point Pelee, with the support of the government, until the late 1850s.
  
  
• The records also indicate that since at least 1839 the Caldwell First Nation complained about encroachments on their lands. They were forced to leave Point Pelee due to the encroachment by settlers in the late 1850s.
  
  
• The Caldwell First Nation has pressed its claim for land since the 1830s without success. At various times in the 19th century and the early part of this century, the Department of Indian Affairs took some preliminary steps to provide a reserve for the First Nation. None of these attempts was ever completed, and the First Nation remains without a land base and other benefits under the 1790 Treaty.

Frequently Asked Questions:

Why is Canada working with the First Nation to resolve this claim?
The Government of Canada firmly believes that the best way to resolve this outstanding claim is through co-operative and constructive negotiations. It is in the best interests of all Canadians, Aboriginal and non-Aboriginal alike, to find mutually-acceptable ways to resolve such claims. Negotiations lead to "win-win" situations that balance the rights of all Canadians.

The Government of Canada accepted the Caldwell First Nation's claim for negotiation under its Specific Claims Policy on May 26, 1996. The Specific Claims Policy was first established in 1973 to provide First Nations with the option to have their claims appropriately addressed by the government without having to go to court. The resolution of land claims outside of the court process is in the best interests of all Canadians. The Government of Canada is committed to honouring its outstanding lawful obligations to First Nations and to resolving outstanding claims to the benefit of all Canadians.

Why are the parties moving forward now?
Negotiation teams for the parties will soon return to the negotiating table to discuss next steps required to conclude a settlement of this claim. This follows a decision by the Minister of Indian Affairs and Northern Development to overturn the results of the ratification vote held on August 9, 2003 on a proposed settlement of the claim. This decision was based on the results of an independent investigation into alleged irregularities in the voting process. The investigation showed that there were technical irregularities with the ratification process. It is important to note that no settlement can be finalized without the approval of the First Nation's membership in a ratification vote.

If I own property within the area covered by this land claim. Will my property be taken away from me to settle the claim?
No. Regardless of where your property is located, this will not happen. Private property is not on the negotiating table. The current ownership of any claim lands is not at issue when a claim is being negotiated under the Specific Claims Policy. The Government of Canada does not take away privately owned lands to settle any claims, nor are private property owners asked to sell their land unwillingly. If land changes hands after the settlement of a land claim, this can only happen on a willing-seller/willing-buyer basis.

Will land be included as part of a settlement of this claim?
Following ratification, a future settlement of Caldwell First Nation's claim would include both cash compensation and the option to use these funds to purchase up to a certain amount of land on the open market within a specified period of time. Should the First Nation choose this option, they can ask Canada to give the purchased lands reserve status. The lands do not automatically become reserve lands, but must first meet the criteria of Canada's Additions-to-Reserves Policy. For example, this policy ensures that reserve creation won't hinder access to private property. Both the Additions to Reserves Policy and the settlement also require the First Nation to consult any neighbouring municipality and the province before the land can be given reserve status.

Who represents non-Aboriginal people in negotiations with the First Nation?
The Government of Canada represents the interests of all Canadians in negotiating settlements of specific claims with First Nations. As is the case with negotiations taking place across the country, an experienced federal negotiation team is in place to conclude a negotiated settlement with the Caldwell First Nation. This team will be supported by a Community Liaison Official who will facilitate information sharing with the public.

What is the overall goal of these negotiations?
The Government of Canada is committed to working with the Caldwell First Nation to conclude a fair and final settlement of this claim. A future settlement will resolve a historic grievance dating back to 1790 and provide the Caldwell First Nation with the opportunity to secure a land base for its people after having been without one for so long. It will also provide the First Nation with means to launch economic development initiatives that will strengthen the local community and the economy.

Both Aboriginal and non-Aboriginal Canadians benefit from the just resolution of specific claims. Negotiated settlements are about justice, respect and reconciliation. They are not only about coming to terms with the past and respect for treaties but also about building a better future for all Canadians.

Quick Facts About Specific Claims

• Specific claims relate to Canada's outstanding obligations under historic treaties or the way it handled First Nation funds or other assets like land under the Indian Act.
  
  
• Canada established its Specific Claims Policy in 1973, along with a process and funding for resolving these claims through negotiations. Claims are accepted for negotiation under this Policy when it is determined that Canada owes an outstanding lawful obligation to a First Nation. If such an obligation is found, a settlement is negotiated that provides First Nations with fair compensation to resolve the claim once and for all.
  
  
• As of June 30, 2006, over 470 specific claims have been concluded to date across the country, including 275 negotiated settlements. These settlements involve about 181 First Nation communities with over 230,000 members. About 120 specific claims are under negotiations.
  
  
• Under Canada's Specific Claims Policy, the interests of third parties must be taken into account during the negotiation process. Private property is not on the negotiating table. Canada does not take away privately owned lands to settle any claims, nor are private property owners asked to sell their land unwillingly. If land changes hands after a settlement of a land claim, this can only happen on a willing-seller/willing-buyer basis.
  
  
• Canada is committed to honouring its outstanding lawful obligations to First Nations and to resolving outstanding claims to the benefit of all Canadians.

October 2006

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