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SPOTLIGHT ON
ABORIGINAL RIGHTS
- Human Rights

Caldwell First Nation Rights

Self Determination

APPROVED!

News and Comment
by Tehaliwaskenhas - Bob Kennedy
Copyright
Turtle Island Native Network

August 23, 2010 - It has taken more than 200 years for the Caldwells in southwestern Ontario to get justice from Canada. On the weekend Caldwell First Nation members overwhelmingly approved the specific claim settlement agreement. The ratification vote attracted 152 of the 196 Caldwell members who qualified as eligible voters. Four voted against the deal. The settlement includes $105 million in financial compensation to resolve the claim. It also provides for the establishment of an urban reserve in Leamington, with the Caldwells given thirty years to purchase the land for reserve creation. This specific claim dates back to events that took place over 200 years ago and relates to reserve land and other benefits promised in a 1790 Treaty as well as to land that was promised during the War of 1812. Chief Louise Hillier of the Caldwell First Nation was quoted earlier this year, "We have been waiting a long time for the promises made to us to be honoured". Historically, the Caldwell First Nation (also known as the Chippewas of Point Pelee) lived as a distinct First Nation in the Point Pelee area. In May 1790, the Ottawa, Chippewa, Pottawatomi and Huron surrendered a large tract of land in southwestern Ontario, including Point Pelee. This surrender was done in exchange for goods and certain lands were set aside as reserve lands out of the treaty area for their use. However, the Caldwell First Nation did not sign or benefit from the treaty. The Caldwell First Nation served as allies of the British during the War of 1812. In consideration of this service, the First Nation was promised reserve land at Point Pelee. Some members of the Caldwell First Nation continued to occupy Point Pelee, with the support of the Government, until the late 1850s. Records also indicate that since at least 1839, the Caldwell First Nation complained about encroachments on its lands. Members of the First Nation were gradually forced to leave Point Pelee due to the encroachment by settlers, with the last members leaving in the 1860s. The Caldwell First Nation has pressed its claim for land since the 1830s without success. At various times in the 19th century and the early part of the 20th century, the Government of Canada took some preliminary steps to provide a reserve for the Caldwell First Nation. None of these attempts was ever completed and the First Nation remains without a land base and other benefits under the 1790 Treaty. The Specific Claims process has been a long arduous one for the Caldwells. Their specific claim was first accepted for negotiation by the Government of Canada in 1996 following thorough historical research and review. The Government of Canada and the Caldwell First Nation reached an Agreement-in-Principle on October 30, 1998. A ratification vote on a proposed settlement was held on August 9, 2003, but the results of this vote were nullified by the Minister of Indian Affairs based on an independent investigation which found that there were technical irregularities with the voting process that could have affected the outcome of the vote. The Government of Canada and the First Nation resurrected their negotiations in 2006. Canada made its final offer in January of this year and it was ratified by the community this past weekend.



Major Milestone Reached in Specific Claims Process
Caldwell First Nation received $105-million land claim settlement offer
January 18th, 2010
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Previously reported . . .
Caldwell First Nation To Vote Again on Land Claim Agreement!
( August 2006 Update! This is an Audio Report .mp3 file )

News and Comment
by Tehaliwaskenhas
Bob Kennedy, Oneida
Copyright
Turtle Island Native Network
http://www.turtleisland.org

August 18, 2006 - Chief Larry Johnson told Turtle Island Native Network he feels vindicated. The Caldwell First Nation (Chippewas of Point Pelee and Pelee Island) has won its long and hard-fought battle to have another community ratification vote on its $23.4 Million specific land claim settlement agreement. It has taken Indian Affairs three years to get back to Chief Johnson on the review of the August 9th, 2003 ratification vote that saw the agreement rejected by only six votes.

The Chief and Council of the 250 member southwestern Ontario first nation appealed because of significant voting irregularities, and now Indian Affairs has agreed that a new vote can take place. A letter from Indian Affairs Minister Jim Prentice informed Chief Johnson that the results of the 2003 ratification vote have been nullified.

It has been a long, winding and bumpy road to get to this point. In 1998 the government of Canada made an offer to settle the land claim. Once the news reached Chatham/Kent area, the proverbial shit hit the fan, spewing out a lot of "nasty politics . . . dirty dealings". Fear mongering, racism and extreme redneck politics reared their ugly heads because the Caldwells planned to establish a reserve-based community. "People were shouting obscenties outside my house at 2a.m.," recalled Chief Johnson.

The not-in-my-backyard mentality grew amongst the conservative right wingers. Even the Liberal Member of Parliament for the area, opposed the Caldwells. Hatred against the First Nation manifested itself in racial slurs, public pronouncements by local citizens and their municipal leaders. Caldwell First Nation members were forced into security duty to protect their property.

But a deal is a deal, and eventually the First Nation held a vote on the agreement five years later.

It became clear by the prominence of racism, that the Chatham/Kent community was living in fear and ignorance of what the Caldwells were trying to do. While the outside world continued to cast aspirtions on the Caldwells without even trying to get the facts, internal community problems snowballed. Some members wanted to get their hands on some of the cash. Others targeted the chief, labelling him a bad guy and councilors as money grabbers.

When the vote was held the agreement was rejected.

But Chief Larry Johnson, who had fought for thirty years to bring justice to his people, was not about to accept the voice of a handful of selfish, negative nellies. Chief and Council investigated and found serious voting irregularities and filed an appeal with Indian Affairs.

Various legal actions surfaced - back and forth between Chief and Council and their opponents who carried on with their efforts to scuttle the deal - but those legal efforts were futile.

Some band members even sided with local non-natives who had made it clear they opposed the Caldwells on the base principle they did not want an Indian reserve near them. "There was a smear campaign," said Chief Johnson. While the Caldwells endured racial outbursts from outside the community, there was internal, anonymous hate mail against chief and council, saying they were going to get paid hundreds of thousands of dollars for working on the land claim. That contributed to a break down in trust.

When it came time to vote, some members didn't follow the rules when voting by mail. For example family members witnessed for each other on declarations - spouses witnessed for spouses, and that sort of thing sparked the appeal. But Chief Johnson also cited an example for Turtle Island Native Network, of the challenges he and Council faced, "We had people go against the land claim, like our own band members, and sometimes it was just for personal reasons. Several years ago we had to push a dope dealer out of our community and he became enraged and told his family not to support the land claim, so we lost a few votes that way. . . it gets down to some down and dirty stuff."

Now Chief Johnson looks forward to another ratification vote and is hopeful the land claim agreement will receive community approval.

In order for the settlement agreement to be ratified, a majority of eligible voters must cast ballots, and a majority of those who cast ballots would need to vote in favour.

All Caldwell First Nation members of legal voting age are eligible to exercise their right to cast a vote on the proposed settlement and trust agreements.

The settlement agreement would become final once they are ratified through the vote by the Caldwell First Nation and then signed by the Chief and Council of the First Nation and by the Minister of Indian Affairs and Northern Development. The trust agreement would become final once it is ratified through the vote of the Caldwell First Nation and signed by Chief, Council and Trustees of the First Nation.

After that, Chief Johnson will move ahead with reserve creation and further steps toward self determination for the Caldwells, "to make a fair future for our children and grandchildren".

The Caldwells have been struggling for nearly two hundred and twenty years to secure a land base.

If ratified by the members of the Caldwell First Nation, the Agreement will provide the Caldwell First Nation with $23.4 million and they may purchase up to 4,500 acres of land and have it as reserve land.

Currently, the Caldwell community includes a half dozen houses and seven hundred acres of land at Blenheim, Ontario. Chief Johnson explained, "We have people living all over North America. Maybe 60 per cent of our people live somewhere between Windsor and Toronto."

Chief Johnson Tells Turtle Island Native Network He Looks Toward a Better Future for His People
NOTE: This is an MP3 File
Listen With Quick Time - Download Free Player - HERE!

If and when the land claim settlement agreement takes effect, by way of comment I suggest to people who have stood in the way of the Caldwells, that they carefully read the following words of Chief Johnson, included here from a letter he wrote to the local municipality seven years ago.

"We have been neighbours for more than two centuries. When the first European settlers arrived in this part of the world, our ancestors were already here. We have treaty relations with the Crown going back to the 1760's - treaties that provide for a clear and respectful political relationship based on peace and mutual respect and assistance. Pursuant to those treaties, our men fought in every war the Crown asked us to - from the American Revolutionary War and the War of 1812 to the two World Wars, and the Korean War.

Until recently, we have never had any agreement with the Crown about land. When, in 1790, aboriginal title to this territory was transferred to the Crown, our Chiefs, Quenesis and Medwayosh, were not there. The aboriginal people who participated in that transaction ended up with 'reserves'. We did not. Nevertheless, we continued to live at our traditional home at Point Pelee, and to use the surrounding territory in our traditional ways, for generations afterward. The Crown's Indian Department knew us as the Chippewas of Point Pelee. When settlement began to interfere with our use and occupation of the land, our Chiefs began to make formal claims to the Crown for land and for protection. It has taken more than a century for the Crown to address those claims fairly.

In October 1998 we made an agreement in principle with the Government of Canada concerning land. Canada will provide cash - over time, we will acquire land that will become the Caldwell Indian Reserve. There will be a Caldwell Indian Reserve. Please do not underestimate our determination. Our forebears persevered for over a century to get justice, and we are equally determined to make a fair future for our children and grandchildren.

Our Council is a government, one that is recognized in Canadian federal legislation as well as in the Canadian constitution. We have the authority to make laws for our people and our land. We intend to do so – and we intend to do so in a way that also respects the rights of our neighbours.

Three basic principles should govern any relations we have -
The first is neighbourliness, with all that implies - good will, respect, and tolerance.
The second is reciprocity. We expect you to provide the same kind of commitments to us that we make to you.
The third is fairness.

We propose to apply these principles to each issue. We hope these ideas will help us work toward specific agreements, which will guide our relations for the future.

Environmental Protection - Federal environmental protection laws regulate many aspects of the use of Indian reserve land. We are strongly committed to environmental protection, and are prepared to agree to meet specific standards -though we would expect you to agree to maintain the same standards.

Expropriation - There won't be any. We will buy our land from willing sellers in the existing real estate market. We will take our time.

Access - If any person's property is surrounded by reserve land, we will guarantee that this will not interfere with that person's right of access to the property, either personally or for the delivery of utilities. We expect the same commitment of access in respect of reserve land surrounded by private or municipal land.

Drainage - We recognize that drainage is an important issue in low-lying agricultural country. We are prepared to enter into an agreement with the municipal government to provide for the identification and management of existing drainage works and the construction or alteration of future drainage works. Basically, we should agree that existing drainage will be maintained - and that where drainage works on our reserve, the responsibility for maintaining them is ours, financially as well as legislatively. Any proposed changes in drainage should be matters in which we would give each other notice, more or less as provided in the present provincial Drainage Act. We would like to see an effective, informal dispute resolution process, accessible to individuals as well as governments, as well as a clear environmental review of any proposed changes.

Taxation - The Caldwell Reserve provided for in our agreement in principle with Canada is likely to reach a size of about 4,500 acres, acquired over a 25-year span. That's about 1/4 of one percent of the total acreage of the municipality of Chatham-Kent. The tax impact of this land becoming reserve land will be minimal, as a factor in the municipality's total budget.

The impact would be even smaller considering that we are prepared to pay fairly for any municipal services we contract for. We may want to use municipal fire protection and garbage collection services, for example, and we would expect to pay for them at the same rates as people occupying land use for the same purposes as ours. Services we don't expect to use - like political representation from your municipal council - we believe we shouldn't have to pay for. We want to have a clear and pragmatic understanding of this issue, and a fair agreement on the services we may use and the payment we would make for them.

Land Use - It is true that our Council would have the authority to make laws about the use of land on the Caldwell Indian Reserve, as your Council has the same authority in the municipality. We don't apologize for having that authority and that right. We are committed, though, to using that right in a considerate way, so as not to injure our neighbours or their land.

We expect this commitment to be reciprocal."

If someone asks me to define self-determination and good leadership, I will point to Chief Larry Johnson and the Caldwell First Nation.

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Click on photo to see larger image
- - - - - - -
"The creation of a reserve for the Caldwell First Nation will resolve an historical grievance dating back to 1790. This agreement will provide the Caldwell First Nation with the opportunity to secure a land base after having been without one for so long. It will also provide the First Nation with the means to launch economic development initiatives that will strengthen the local community and economy."
... Indian Affairs Minister Robert Nault. December 21, 2000

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Click below for More Photos
1. Mary Lou Smoke & Ann Pohl
2.Perry & Cheyenne Kechego
3. On the way out of London
4. Christine, Janice & Serena
5. Elson, Siberia
6. Charles Fox, Andrew Reuben
7. Glenn & Stan, Oneida
8. Chatham City Hall Rally
9. Delivering a Message to Chatham
10.Elder Janice Longboat
11.Women's Drum
12. Not For Sale

Previously reported . . . 2001 . . .

Larry Johnson Re-elected Chief


Native Youth - Respect for All Peoples Rally

Support for Caldwell First Nation march against racism


Racist Backlash
Report from Dan Smoke

Previous March Against Racism

Previous Reports

Exposed to racism in Caldwell First Nation rights fight
9 yr old girl gets grant from anti-racism foundation

Letter from Indian Affairs Minister<



Caldwell First Nation March Against Racism
Receives Support and Jeers

[Word .doc file]


Caldwell First Nation News Release on
March Against Racism

[Word .doc file]


Caldwell First Nation - Government of Canada
Specific Land Claim


TREATIES, LAND RIGHTS,
SELF GOVERNANCE


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