Evidence of meeting #47 for Indigenous and Northern Affairs in the 40th Parliament, 3rd session. (The original version is on Parliament’s site, as are the minutes.) The winning word was claim.
A recording is available from Parliament.
Conservative
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
Thank you again, Chief Wedge.
If I'm understanding the briefing notes that were provided for us, two of your claims have actually been rejected from negotiation. If I'm understanding this, it says that the Choutla I.R. #9 claim was deemed to have been filed with the minister on October 16, 2008; a legal opinion was signed by the Department of Justice on September 16, 2010, and the claim was rejected for negotiation on December 24, 2010.
The Surrender of I.R. #4 Land claim is the same thing. The claim was rejected for negotiation on December 21, 2009.
Were you given any reasons for the rejection of the negotiations?
Chief, Carcross/Tagish First Nation, Council of Yukon First Nations
Well, this is where I say that if the efficiency is to drop these options or reject them, it's not more efficient for us. I'd rather have more time than just drop them off.
I don't believe that we had enough grounds. There was other information; oftentimes the court process would be more thorough in that, and we would have that opportunity in a court. I do not believe that there was enough dialogue and consultation on it. Coming down, it was reviewed, and I know our legal counsel had put information in. They had requested for some, but really, the dialogue....
it comes down and says they're rejected, so where does that leave us? We believed that there was a foundation, and when we were negotiating, we believed that there was one. You know, the negotiators for Canada and the Yukon agreed that there was a basis for a claim that would go forward, some sort of a basis. It's this different perception, right?
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
I was part of this committee when the specific claims legislation was being studied. My understanding of the process was that as of the coming into effect of the legislation, claims that were in the lineup would be reviewed, and there were going to be some funds to allow you to submit additional information on that date.
Did you have any opportunity to submit new information or to review your claim back in 2007, or whatever it was?
Chief, Carcross/Tagish First Nation, Council of Yukon First Nations
We did do on one of them. I think there was more information that we had looked at. We had requested some funding and we got some research, because some of this research is obviously in Ottawa and some in the areas.
I believe that for one of them we did. For the other one, I don't recall our having that further input. That just came down recently, I believe.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
These claims were accepted, and then two of them were rejected. In that interim period from the time that they were accepted in 2008 to the time they were rejected in 2009 and 2010, there was no negotiation or involvement.
NDP
Chief, Carcross/Tagish First Nation, Council of Yukon First Nations
That's correct.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
Have you now had any information about taking those rejected claims to the tribunal?
Chief, Carcross/Tagish First Nation, Council of Yukon First Nations
Not yet, no.
I will follow up. We've been focusing on some other areas, but I know we'll follow up with their legal counsel, because obviously these are important areas to us. Unfortunately, there are a whole bunch of things that we have to address as a first nation.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
That's part of the challenge. This is just one more thing on your plate, and then you have to try to find both the time and the money to take on these other important issues.
If one of these claims was rejected in 2009, I'm surprised that you've had no information about the tribunal process. There should be a responsibility, as well, on the government's part to provide you with information—
Chief, Carcross/Tagish First Nation, Council of Yukon First Nations
I haven't been made aware of it, so as far as I know, it hasn't.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
I know Larry suggested that when you were sending in additional information, you could make some clear recommendations--do I have any time left, Mr. Chair?
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
Okay, I don't have time to get recommendations from you, but if you've got specific recommendations about the specific claims process and the tribunal, it would be very helpful for us. When we end up doing the final report for the specific claims process, we can look at the recommendations that you made.
Once again, thank you for your time today.
Chief, Carcross/Tagish First Nation, Council of Yukon First Nations
Thank you.
Conservative
The Chair Conservative Bruce Stanton
Thank you, Ms. Crowder.
We'll go to the member for Desnethé—Missinippi—Churchill River. Mr. Clarke, you have five minutes.
February 10th, 2011 / 9:35 a.m.
Conservative
Rob Clarke Conservative Desnethé—Missinippi—Churchill River, SK
Thank you very much, Mr. Chair. I'd like to thank the witness for coming in this morning, especially at this hour. Hopefully, he's had enough coffee for the morning.
Chief, I know we've got to be cautious about what is being discussed here today because you are in negotiations. I'll try not to interfere or make any inappropriate or misleading comments or try to guide you down the garden path.
I have a couple of questions.
In regard to negotiations, I'm wondering if a federal negotiator has been appointed to do the negotiations for you, with you and the first nations, in the land claim.
Chief, Carcross/Tagish First Nation, Council of Yukon First Nations
Do you mean on the specific claims? Is that correct? Are you referring to a negotiator for the specific claims? That's a specific claim process.
Sorry, I didn't hear your comment.
Conservative
The Chair Conservative Bruce Stanton
I think the response was yes, referring to the specific claims.
Chief, Carcross/Tagish First Nation, Council of Yukon First Nations
No, one wasn't appointed, because it's been a tribunal. We have some legal counsel monitoring it, but there is no negotiation on it. It's a specific claim. That's a dialogue we need, right?
We're not quite sure of what's happening or some of the reasons it's been rejected and whatnot.
Conservative
Rob Clarke Conservative Desnethé—Missinippi—Churchill River, SK
One claim is still going forward, correct?