Settlement of Wahta Mohawks land claim dating back to 1918

[Wahta Mohawks Agreement]

Settlement of Wahta Mohawks land claim dating back to 1918 . . .

" . . . approximately $9.7 million in financial compensation plus 8,300 acres (3,300 hectares) of provincial Crown land, which Canada has agreed to set aside as reserve land . . ."

February 7, 2005

It took almost ninety years to right the wrong, and more than ten years of negotiation. Now the Wahta Mohawks, a Georgian Bay area First Nation, can celebrate their efforts and the settlement of their land claim that dates back to 1918.

Chief Blaine Commandant acknowledged the citizens of Wahta for never losing confidence that this claim would one day be resolved. He also paid tribute to all of the elected Chiefs and Councils that have participated in the negotiation process throughout the years to achieve this settlement.

The Wahta Mohawk Council held a vote on the Land Claim and Trust Agreements in October 2003, and community members overwhelmingly supported them.

The settlement includes, approximately $9.7 million in financial compensation plus 8,300 acres (3,300 hectares) of provincial Crown land, which Canada has agreed to set aside as reserve land, subject to the terms and conditions of its Additions to Reserves Policy.

The lands to be transferred to the First Nation under the settlement are located adjacent to the existing Wahta Mohawk Territory (the Gibson Reserve). All property owners rights of access to their land, along with public roads and public access to nearby lakes, are protected under the settlement. All affected interests were consulted extensively during the negotiation process.

The Wahta Mohawk Territory is located in western Muskoka, near Bala, approximately 80 kilometres southeast of Parry Sound, Ontario.

For more information, please contact:

Chief Blaine Commandant
Wahta Mohawks www.wahta.ca or www.wahta.com
(705) 756-2354

Backgrounder
Wahta Mohawks (Gibson) Land Claim

In the late 19th century, the Wahta Mohawks relocated to Ontario from Oka, Quebec, due to a dispute with the Seminary of St. Sulpice over the ownership of certain lands at Lake of Two Mountains. In 1881, the Government of Canada agreed to establish a 26,000 acre (10,000 hectare) reserve for the Wahta Mohawks and arranged to purchase that land from the provincial Crown in the District of Muskoka. However, due to a dispute between the two levels of government, 11,000 acres (4000 hectares) were returned to the province in 1918 without the consent of the Wahta Mohawks.

In their land claim submitted to the federal and provincial governments, the Wahta Mohawks claimed that approximately 11,000 acres (4,000 hectares) of land were severed from their reserve in 1918 without their consent or knowledge, thus reducing their promised land base by 40 per cent. The area claimed by the First Nation is a "C" shaped parcel of land, located to the north, west and south of the Wahta Mohawk Territory (the Gibson Reserve), in the east-central portion of the Township of Georgian Bay. The settlement provides for the return of much of this land.

Both Canada and Ontario accepted the claim for negotiation after extensive research and legal reviews, in accordance with their respective claims policies. Tripartite negotiations began in 1993.

The final settlement agreement is the result of many years of negotiations and has been shaped by extensive public consultations with area property owners, recreational users of Crown land and local government.

Throughout the negotiations, Ontario's public consultation process included a regular newsletter, open houses, presentations to municipal councils, meetings with cottage associations and hunt camp owners, and ‘community consultation walks' through the claim area to consult with affected property owners and other interests.

A local advisory board composed of representatives from local municipalities, affected cottage associations, hunt camp owners and recreational interests was established in 1994. It provided a forum in which the provincial and federal negotiators could convey information on the negotiation process and hear the concerns of affected interests. A cottager in the claim area, who was a member of the local municipal council until November 1997 and is past president of the most affected cottage association, joined Ontario as a full member of its negotiating team in 1995.

First Nation members ratified the settlement through a vote on October 25, 2003. The settlement was then approved by Ontario and Canada.

The settlement consists of approximately $9.7 million in financial compensation plus 8,300 acres (3,300 hectares) of provincial Crown land, which Canada has agreed to set aside as reserve land, subject to the terms and conditions of its Additions to Reserves Policy.

The total value of financial compensation is based on the value of lands not returned and the loss of use of the claim lands since 1918. Ontario's contribution is Crown land plus $3.45 million. Canada's contribution is $6.24 million (including negotiation costs).

Private property and access are protected in the settlement agreement. All municipal roads and public access to main rivers and lakes which provide recreation opportunities (ie. Gibson, Six Mile, Gray and Go Home lakes) are also protected. The settlement brings legal closure to the Wahta Mohawks' claim, creates certainty for area land owners and will enhance economic opportunities throughout the region.

The settlement funds will be administered by a board of trustees, appointed by the First Nation, who must abide by the rules and regulations set out in their claim Trust Agreement, which was also ratified by First Nation members. The trust is also subject to an annual audit by an independent auditor.