COUNTERPOINT
The Roots of the Caledonia Crisis.
It can take 20 years before a native land claim is even looked at.
by Brian Doolittle.
National Post (!!)
June 14, 2006. (written before the barricades came down)
In recent days, there has been plenty of anger vented over events in
Caledonia, Ont. where Six Nations protesters have erected a barricade
to protest the private development of land they believe is rightfully
theirs. Yet little attempt has been made to understand the issues
that led to the confrontation in the first place. The larger problem
illustrated by the Caledonia stand-off is that the system currently
in place to adjudicate native land claims just isn't working.
In her latest report, the Auditor-General once again condemned the
federal government's inability or unwillingness to reach fair and
equitable land-claim agreements with Indian nations within a
reasonable period of time. Even federal Indian Affairs Minister Jim
Prentice says the system is in "gridlock".
At present, there is a backlog of more than 600 individual claims in
Canada, and they are being dealt with at a rate of only 51 per year.
It can take 20 years before a claim is even looked at, and another 10
before it is adjudicated. This means that on average, a claim
entering the federal system today may not be resolved until 2046. One
can therefore understand why some of the Caledonia natives are too
impatient to let the system simply run its course.
Just as frustrating for natives is the fact that while land claims
are tired up by red tape and bureaucratic inertia in Ottawa, the
business of buying, selling and developing the land in question
continues unaffected under provincial statutes.
The private developers who bought the site near Caledonia probably
had no idea it was already the subject of a land claim in the federal
system. Then, when this was brought to their attention by protesters
at the building site, they simply obtained a court injunction based
on the very title that is being challenged at the federal level.
To expect the people of the Six Nations to wait decades for their
claim to be heard while permitting the developer to build houses on
the disputed land only makes sense if you've already decided in
favour of the builders. Yet this is exactly what Indian nations face
when they challenge ownership of land in Canada.
Six Nations advocates, such as myself, have said all along we don't
have a quarrel with the developers: They too are victims of a
dysfunctional land claims system. Indeed, it is reasonable to
speculate whether they would have bought the land in the first place
had they been aware of the Six Nations claim.
Compensation for the private land developers would help resolve the
Caledonia stand-off. But, as a long-term solution, wouldn't it be
fairer - and cheaper - to keep provincial land registries informed of
the status of land claims? Better still would be an indication that
Ottawa is prepared to devote the resources required to clear up the
backlog of claims.
Many voices, including that of this newspaper, are loudly proclaiming
the need for all involved in the Caledonia stand-off to respect "the
law". That's a nice soundbite. But I have one of my own: "Justice
delayed is justice denied".
Most people are prepared to accept that land claims are often very
complex, involving evaluation of oral history, morality and ethics as
much as purported sales agreements and subsequent transfers of title.
But that doesn't justify a generation-long delay before a claim is
even heard.
A speedier and more efficient system won't remove all the problems,
but it will reduce the likelihood of us seeing the anger and
frustration evident on both sides of the Caledonia barricades
resurfacing elsewhere.
National Post.
Brian Doolittle lives on Six Nations. He is a consultant working on
apprenticeships for Aboriginals.
The Roots of the Caledonia Crisis.
It can take 20 years before a native land claim is even looked at.
by Brian Doolittle.
National Post (!!)
June 14, 2006. (written before the barricades came down)
In recent days, there has been plenty of anger vented over events in
Caledonia, Ont. where Six Nations protesters have erected a barricade
to protest the private development of land they believe is rightfully
theirs. Yet little attempt has been made to understand the issues
that led to the confrontation in the first place. The larger problem
illustrated by the Caledonia stand-off is that the system currently
in place to adjudicate native land claims just isn't working.
In her latest report, the Auditor-General once again condemned the
federal government's inability or unwillingness to reach fair and
equitable land-claim agreements with Indian nations within a
reasonable period of time. Even federal Indian Affairs Minister Jim
Prentice says the system is in "gridlock".
At present, there is a backlog of more than 600 individual claims in
Canada, and they are being dealt with at a rate of only 51 per year.
It can take 20 years before a claim is even looked at, and another 10
before it is adjudicated. This means that on average, a claim
entering the federal system today may not be resolved until 2046. One
can therefore understand why some of the Caledonia natives are too
impatient to let the system simply run its course.
Just as frustrating for natives is the fact that while land claims
are tired up by red tape and bureaucratic inertia in Ottawa, the
business of buying, selling and developing the land in question
continues unaffected under provincial statutes.
The private developers who bought the site near Caledonia probably
had no idea it was already the subject of a land claim in the federal
system. Then, when this was brought to their attention by protesters
at the building site, they simply obtained a court injunction based
on the very title that is being challenged at the federal level.
To expect the people of the Six Nations to wait decades for their
claim to be heard while permitting the developer to build houses on
the disputed land only makes sense if you've already decided in
favour of the builders. Yet this is exactly what Indian nations face
when they challenge ownership of land in Canada.
Six Nations advocates, such as myself, have said all along we don't
have a quarrel with the developers: They too are victims of a
dysfunctional land claims system. Indeed, it is reasonable to
speculate whether they would have bought the land in the first place
had they been aware of the Six Nations claim.
Compensation for the private land developers would help resolve the
Caledonia stand-off. But, as a long-term solution, wouldn't it be
fairer - and cheaper - to keep provincial land registries informed of
the status of land claims? Better still would be an indication that
Ottawa is prepared to devote the resources required to clear up the
backlog of claims.
Many voices, including that of this newspaper, are loudly proclaiming
the need for all involved in the Caledonia stand-off to respect "the
law". That's a nice soundbite. But I have one of my own: "Justice
delayed is justice denied".
Most people are prepared to accept that land claims are often very
complex, involving evaluation of oral history, morality and ethics as
much as purported sales agreements and subsequent transfers of title.
But that doesn't justify a generation-long delay before a claim is
even heard.
A speedier and more efficient system won't remove all the problems,
but it will reduce the likelihood of us seeing the anger and
frustration evident on both sides of the Caledonia barricades
resurfacing elsewhere.
National Post.
Brian Doolittle lives on Six Nations. He is a consultant working on
apprenticeships for Aboriginals.
===========================================
NIAGARA COALITION FOR PEACE
NIAGARA PALESTINIAN ASSOCIATION
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