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PROPOSED SETTLEMENT RESOLVES VICTORIA LAND CLAIM

VICTORIA (November 18, 2006) - The Honourable Jim Prentice, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians, the Honourable Michael de Jong, Minister of Aboriginal Relations and Reconciliation, Chief Andy Thomas of the Esquimalt Nation, and Chief Robert Sam of the Songhees Nation were present today initialling a proposed settlement that would resolve a reserve-based claim relating to a parcel of land in downtown Victoria.

"This proposed settlement underlines a commitment by Canada's New Government to resolve claims through negotiation rather than litigation. Once ratified, the settlement will enable all parties to focus their resources on pursuing goals that will further the development and success of these communities. This is a cause for celebration, and another step forward in strengthening positive relationships," said Minister Prentice.

The proposed settlement relates to a lawsuit filed in 2001 which alleged that Canada and British Columbia breached certain duties owed to the First Nations. The claim alleges that the land was originally set aside as an Indian reserve in 1854 by Governor James Douglas, who then took it back for the Legislature site without obtaining a surrender of the reserve."

Once ratified by the First Nations, the settlement would release Canada and British Columbia from all Esquimalt and Songhees First Nations' claims to that parcel of land, which includes the grounds of the B.C. Legislature.

"Today we are witnessing how governments and First Nations can work together to successfully reach negotiated agreements that will provide certainty," said Michael de Jong, Minister of Aboriginal Relations and Reconciliation. "We are building a new relationship with First Nations built on the principles of mutual respect, recognition and reconciliation of Aboriginal rights and title which is a benefit for all British Columbians."

"Today I am humbled by my grandfathers, whose strength and wisdom has protected and preserved these lands for the past 150 years. They have left us a precious gift, which will become the medicine for our children and our future generations," said Chief Andy Thomas Esquimalt Nation.

Chief Robert Sam from the Songhees Nation added "The strength and wisdom of our past leaders have served to get us to where we are today. The vision and commitment of our people today will help us achieve our goals for tomorrow. The membership will make the final decision on this very important proposed settlement offer."

The proposed agreement requires ratification by all the parties. Once ratified, the settlement will provide for a full and final resolution of this litigation without any admissions of fact or liability. Canada and BC will pay a financial settlement of $31.5 million to be shared equally between the Songhees and the Esquimalt First Nations. In addition, a Replacement Lands Committee will be established as part of a process to identify Replacement Lands to be purchased out of the settlement funds.

This proposed settlement agreement was concluded outside the context of the British Columbia Treaty Commission process, which is designed to conclude treaties that will clarify the rights and title of Aboriginal groups.

Contact:

Backgrounder - Thomas Litigation: Proposed Settlement Agreement

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