Mr. Maurice outlines six stages in a typical TLE. 

1. Research: Typically, a preliminary submission to Canada and Ontario demands a certain amount of research for sufficient facts to establish the basis for a claim. Most of the work for this preliminary submission was performed by Mike Sherry with information provided by the Nishnawbe Aski Nation (NAN). 
2. The second step in the TLE process is the submission of a claim to the Government of Canada and Ontario
3. The third step is called a ‘legal review’ in which Canada’s Department of Justice considers the submission and concludes a legal opinion that according to the documentation provided, a lawful obligation to the First Nation is, or is not likely. On May 1, 1992, the CCFN submitted a specific claim to the Department of Indian Affairs alleging that Canada owed an outstanding lawful obligation on the grounds that Canada failed to fulfill its treaty obligation to provide reserve land to the First Nation in accordance with the terms of Treaty 9. 
4. To move further in the TLE process, the Department of Justice must conclude that there appears to be a lawful obligation to the First Nation. On September 6, 1996, Canada informed the First Nation that the claim disclosed an outstanding lawful obligation. On December 17, 1999, Canada formally accepted the TLE claim for negotiation under the Specific Claims Policy. Besides Canada’s involvement, there is a requirement for the province of Ontario to come to the table. Ontario agreed to enter into preliminary negotiations with the First Nation and Canada on December 13,2000 for a settlement of the TLE claim.
5. Step five is long, requires much work, and takes quite a bit of time. It moves the First Nation towards and eventually into the ‘Negotiation Process.’ 

 

 
 
 

A number of key issues must come together before actual negotiations happen 

5. (cont’d)

The First Nation must work diligently to identify the relevant issues and establish the many supporting facts that come into play when the parties work towards a fair settlement. It begins with a formal ‘Statement of Claim’ to the Ontario Superior Court of Justice. Because such information is part of a legal argument, we cannot present those items here. However, the information will be communicated to you by other methods, most likely, at special information sessions held at appropriate times during the process.

As information supporting the claim is gathered and organized, the First Nation and the government negotiators work to develop a ‘framework agreement,’ which sets the ground rules for TLE negotiations. This framework agreement also defines what will be negotiated, the expectations of the involved parties, including how and when things are done, how issues will be resolved, and several other items which are designed to allow the process to flow smoothly and not be bogged down and delayed. 

As well, the process calls for the membership to be kept informed and provide feedback, input and guidance to determine the qualities of a satisfactory agreement. Usually, this is called ‘community consultation.’ It requires both on and off-reserve membership participation, and the expression of individual and group concerns, expectations and visions of what will be seen as a satisfactory settlement. From this consultation, the First Nation representatives receive clear direction and specific objectives to meet in the negotiations. There may be more than one consultation to come to a satisfactory resolution of the claim.

Eventually, the negotiations come to what appears to be an equitable settlement meeting the qualities defined by the membership. The proposed settlement is then accepted or rejected by the First Nation membership through a referendum. Canada and Ontario must also formally agree to the settlement.

6. The sixth and final step is called ‘Implementation.’ Once the agreement is approved, the painstaking process of ‘making it happen’ begins. Although it might seem simple, the additional land is not normally given to the First Nation directly. Usually, moneys are set aside to purchase the additional Reserve land. That is another lengthy process that we will tell you about in another issue of this newsletter.

The Treaty Land Entitlement process is designed as a means for Canada’s federal and provincial governments to fulfill Treaty commitments of land made to First Nations. 

A treaty land entitlement (TLE) claim arises when a First Nation has not received all of the land it is owed under the treaty in which they are identified. The Cree at Chapleau are among other aboriginal people identified in the text of Treaty 9, one of several treaties between Canada and native peoples.

In the late 19th and early 20th centuries, Canada presented these treaties to native peoples of northern Alberta province (1905), Northern Saskatchewan (1905), Northern Manitoba (1912), and a large expanse (ninety thousand square miles) of northern Ontario (Treaty 9 1905,1906, and via adhesions in 1929, 1930). 

The treaties outline the relationships between the First Nations and Canada (and sometimes a provincial) government and were offered by Canada as a means to ensure and maintain certain aboriginal privileges and provisions in exchange for use of land by the federal and or provincial governments. ‘Treaty 9" concerns the aboriginal people in northern Ontario, Canada’s federal government, and by agreement with the federal government in 1905, the province of Ontario. 

Most of the treaties starting in the 1870s provide each band with land reserves based upon an allocation formula that considered a certain amount of land per person or family of the band. Depending on the treaty, the allotment terms differ. For a number of reasons, some First Nations did not receive the amount of land they were promised under Treaties. The Chapleau Cree People received 160 acres for a reserve, well below the limit of ‘one square mile per family of five’ proposed in Treaty 9. Through a long process, the Chapleau Cree have now been recognized as having a claim to additional lands, and intend to enter a process to resolve these inequities. The process is called the "Treaty Land Entitlement Process."

Under a TLE process and at final resolution, a First Nation would acquire additional land, which would become Reserve land. For example, in 1992, the province of Saskatchewan, the country of Canada, and 25 First Nations signed the Treaty Land Entitlement Framework Agreement. Four separate but similar agreements with individual First Nations have been signed since. Under the terms of the agreements, Entitlement First Nations receive approximately $539 million over 12 years to buy just over 2 million acres of land to add to its reserves.

Early surveyors encountered several difficulties in allocating reserve land based on population counts  In some cases, surveyors relied on information from Indian agents and others to determine the number of band members.

2. How will we finance the cost of engaging in the process?

In most of the country, The Department of Indian Affairs and Northern Development (DIAND) provides contributions and loans to Aboriginal claimant groups so they can research and negotiate their claims.

3. What is the difference between Treaty Land Entitlement, a "Comprehensive Claim," and a "Specific Claim"?

TLE pertains to situations where a First Nation did not receive the amount of land they were promised when they signed Treaty. Such a claim is a ‘specific claim. ‘Specific Claims’ relate to the fulfillment of treaties or arise out of a situation where a First Nation has had Reserve land wrongfully or unfairly taken away by the federal government. Comprehensive land claims concern Aboriginal rights and title which have not been dealt with by treaty or other legal means.

4. What land is available to Entitlement First Nations?

The following lands are available to Entitlement First Nations, on a willing seller - willing buyer basis: Private land; Federal Crown land; and Provincial Crown land.

5. What land is not available to Entitlement First Nations?

Certain provincial Crown lands are available for sale only under exceptional circumstances, including heritage property, parks, recreation sites, historic parks, ecological reserves, and provincial highways.

6. What does Shortfall mean?

"Shortfall" is the amount of land that a First Nation should have received when its reserve was first surveyed, but did not. This is the minimum amount of land that First Nations must acquire and have transferred to reserve status in order to satisfy Canada's treaty obligation.

7. Where can I find out more about this process?

Details are available in Federal Policy for the Settlement of Native Claims, a policy paper produced by DIAND for the Royal Commission on Aboriginal Peoples. Contact Publications and Public Enquiries (Kiosk), DIAND, 

at (819) 997-0380.