Canada confirms it changed land claim process, mulls Indian Act changes
Canada changed the way it settles First Nation land claims, Crown-Indigenous Relations and Northern Affairs Canada confirmed Friday.
The department is also mulling over possible amendments to the Indian Act and the Specific Claims Tribunal Act, though it didn't say what those changes would be.
The response came after The Canadian Press obtained briefing materials prepared for the deputy minister of Crown-Indigenous Relations and Northern Affairs Canada under the Access to Information Act.
The July 2022 documents say Canada was mulling over changes to language about modern land surrenders, noting some First Nations are unwilling to settle specific claims if they have to do so.
Specific claims deal with past wrongs against First Nations by Canada, including the administration of land or other assets.
Instead of a modern surrender, federal officials suggested the use of a "promissory estoppel."
"Under this approach, the First Nation agrees to forgo any legal cause of action in relation to the lands in question and further promises in the settlement agreement not to claim a reserve in the claim lands against Canada, the province, or third parties," a spokesperson from Crown-Indigenous Relations said in a statement.
The briefing materials say that "until recently," all specific claims settlements concerning improper historical land surrenders included a requirement for a "modern Indian Act surrender" to ensure "legal clarity and finality for Canada."
This modern surrender isn't required by law, or under the Specific Claims Policy.
"Rather it has been the go-to approach for the Government of Canada as the surest way to achieve legal clarity for Canada, First Nations and any third parties with interests in the relevant lands," the documents say.
But First Nations have "increasingly objected" to modern surrenders "as a vestige of colonialist laws and policies in Canada," and the insistence on using them has been an "impediment to resolution at other tables as well."
Changing the requirements and implementing a promissory estoppel in place of a modern land surrender wouldn't extinguish the First Nation's interest in the land, "if any," the documents say.
This would be included in the text of the settlement agreements.
The federal government says in the documents this approach is "consistent with reconciliation objectives" and supports nation-to-nation relationship building.
"It is forward-looking in that it does not seek to correct the historical error through further reliance on a colonial measure that First Nations object to and enables the parties to clearly articulate agreement on the rights and obligations of the parties in relation to the claim lands," the document reads.
Prime Minister Justin Trudeau's government has put an emphasis on advancing reconciliation, including the settling of specific claims and honouring Canada's moral and legal obligations to First Nations. While progress has been made, some First Nations organizations say problems continue to exist.
The Union of B.C. Indian Chiefs penned an open letter to the former minister of Crown-Indigenous relations, Marc Miller, in July saying 98 First Nations had been denied specific claims funding for the coming fiscal year.
Crown-Indigenous Relations confirmed Friday that it received the letter, but did not say whether it had responded.
More than half of the 160 specific claim funding requests were denied, confirming the union's figures.
Only 62 applications were accepted for funding.
Canada provides this funding to First Nations to help level the playing field with the resources Canada has as its disposal.
"Many of these First Nations are in the middle of researching and developing their claims and this work must now be put on hold indefinitely" unless funding is provided, the letter from the Union of B.C. Indian Chiefs reads.
Crown-Indigenous Relations said the denied nations could reapply for funding next year.
The letter from the union also calls on the federal government to increase its $12-million budget for specific claims funding, saying there is currently an $18-million shortfall.
In 2016, the federal government committed to working with the Assembly of First Nations to reform the specific claims process.
Currently, Canada follows a policy it created in reviewing specific claims, deciding whether to offer negotiations with First Nations. The assembly has often referred to this as a conflict, saying there should be an independent process to handle the claims.
From April 2022 to April 2023, 56 specific claims were settled for $3.5 billion, the federal government says. Sixty-four claims were filed with the minister, and Canada offered to negotiate 58.
Since 1973, the federal government has resolved 665 specific claims with First Nations.
This report by The Canadian Press was first published Aug. 25, 2023.
IN DEPTH
Jagmeet Singh pulls NDP out of deal with Trudeau Liberals, takes aim at Poilievre Conservatives
NDP Leader Jagmeet Singh has pulled his party out of the supply-and-confidence agreement that had been helping keep Prime Minister Justin Trudeau's minority Liberals in power.
'Not the result we wanted': Trudeau responds after surprise Conservative byelection win in Liberal stronghold
Conservative candidate Don Stewart winning the closely-watched Toronto-St. Paul's federal byelection, and delivering a stunning upset to Justin Trudeau's candidate Leslie Church in the long-time Liberal riding, has sent political shockwaves through both parties.
'We will go with the majority': Liberals slammed by opposition over proposal to delay next election
The federal Liberal government learned Friday it might have to retreat on a proposal within its electoral reform legislation to delay the next vote by one week, after all opposition parties came out to say they can't support it.
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
Conservatives call on Elon Musk to step in after Liberals provide loan to Ottawa-based satellite operator
A $2.14-billion federal loan for an Ottawa-based satellite operator has Canadian politicians arguing about whether American billionaire Elon Musk poses a national security risk.
Sunken superyacht believed to contain watertight safes with sensitive intelligence data
Specialist divers surveying the wreckage of the US$40 million superyacht that sank off Sicily in August, killing seven people including British tech tycoon Mike Lynch, have asked for heightened security to guard the vessel, over concerns that sensitive data locked in its safes may interest foreign governments, multiple sources told CNN.
Myths busted and lessons learned: John Vennavally-Rao on his surgery to reverse his ostomy
Twenty-seven year Â鶹ӰÊÓ reporter and anchor John Vennavally-Rao shares his story of what it was like to have an ostomy bag as part of his health-care battle. 'I’m grateful for what it did to extend my life,' he writes in a personal column for CTVNews.ca.
The British Columbia election campaign is set to officially start today, with Lt.-Gov. Janet Austin issuing the writ for the Oct. 19 vote.
A northern Ontario man is facing a $12,000 fine after illegally shooting a moose near the Batchawan River.
Heavy metal exposure could increase cardiovascular disease risk, study finds
A new study is adding to emerging research showing that exposure to metals such as cadmium, uranium and copper may also be associated with the leading cause of death worldwide, cardiovascular disease.
Unusual flippered feet are making their way into the Saint Lawrence River this weekend. Led by underwater explorer and filmmaker Nathalie Lasselin, volunteer divers are combing the riverbed near Beauharnois in Montérégie to remove hundreds of tires that have been polluting the aquatic environment for decades.
Hezbollah targets base near Haifa after Israeli strike in Beirut killed 37, including top commander
The Lebanese militant group Hezbollah announced that it fired a barrage of missiles at a military base deep inside Israel early Sunday following an Israeli airstrike more than a day earlier that killed at least 37 people, including one of the militant group’s senior leaders as well as women and children.
A sea lion swam free after a rescue team disentangled it near Vancouver Island earlier this week.
Local Spotlight
Cole Haas is more than just an avid fan of the F.W. Johnson Wildcats football team. He's a fixture on the sidelines, a source of encouragement, and a beloved member of the team.
Getting a photograph of a rainbow? Common. Getting a photo of a lightning strike? Rare. Getting a photo of both at the same time? Extremely rare, but it happened to a Manitoba photographer this week.
An anonymous business owner paid off the mortgage for a New Brunswick not-for-profit.
They say a dog is a man’s best friend. In the case of Darren Cropper, from Bonfield, Ont., his three-year-old Siberian husky and golden retriever mix named Bear literally saved his life.
A growing group of brides and wedding photographers from across the province say they have been taken for tens of thousands of dollars by a Barrie, Ont. wedding photographer.
Paleontologists from the Royal B.C. Museum have uncovered "a trove of extraordinary fossils" high in the mountains of northern B.C., the museum announced Thursday.
The search for a missing ancient 28-year-old chocolate donkey ended with a tragic discovery Wednesday.
The Royal Canadian Mounted Police is celebrating an important milestone in the organization's history: 50 years since the first women joined the force.
It's been a whirlwind of joyful events for a northern Ontario couple who just welcomed a baby into their family and won the $70 million Lotto Max jackpot last month.