"Six Nations' land claims challenge to system"

OHSWEKEN - Director Phil Monture or Six Nations Land Research Office reports that the sheer magnitude and complexity or Six Nations land claims is beyond the scope of the federal government's claims settlement process.

Monture explains that the government has set aside $30 million a year to settle land claims. They have also created a "fast­-track" process to settle claims for less than $500,000 in response to the 1990 Oka crisis.

However, Monture suggests that Six Nations land claims will ultimately amount to hundreds or millions of dollars, far exceeding the annual claims budget given to the Department of Indian Affairs (INAC), and not qualifying for the fast-track procedure.

Only one land claim bas been settled with Six Nations since the Office of Native Claims was created and located within INAC in 1974, and that was the 1980 CNR Settlement that saw 259 acres added to the reserve.

One of the claims validated by Canada's justice Department as being "valid and requiring resolution" was a 30,800 acre tract in Moulton Township (Port Colborne area). The government offered Six Nations $100 an acre for the land. Monture says, "They said, here's our offer. Take it or sue us. So we're taking them to court. We'd accept their offer if they'd give us their properties for $100 an acre. It was an insult."

The original Haldimand deed gave Six Nations a grant of over one million acres of land. "We require an accounting by Canada of why there is less than 5% left of the original grant," says Monture.

The Six Nations Land Research Office, in operation since 1974, is examining every lot on a lot by lot basis, since 1784.

"Every acre must be accounted for," says Monture, "was there a valid surrender? Were the payments made? What happened to that money once paid into the Six Nations account?"

Monture says, "the Canadian government realizes that the land claim policy is a failure. They promised to revamp it in 1990, after Oka, but it still isn't working. There is a joint task force on land claims reviewing the policy right now."

The Grand River Notification Agreement (GRNA) was developed and signed with surrounding municipalities partly in response to outstanding land claims issues in hopes that Six Nations, New Credit, and neighbours can preserve their historic good relationship. Charles Harnick, Ontario Solicitor-General and Minister Responsible for Indian Affairs, recently praised the URNA as a pattern for Aboriginal and non-Aboriginal neighbours across Canada to follow in their relations which each other.

Monture says that the good relationship with municipalities could be jeopardized by the hesitation of the government to settle with Six Nations. He hopes that the neighbours will pressure the government to deal with land claims, saying, "its in their best interest. The air of uncertainty will hurt potential investment in the municipalities."

"It isn't their fault. Its Canada and Ontario's. fault. But who does Canada and Ontario listen to? They listen to the people, their constituents, not to us. We need their voice to keep up the pressure," says Monture.

Haldimand mayor Marie Trainer comments, "Why don't we deal with the things we can solve ourselves? That's why we started this Protocol (the GRNA)."

"We were already sharing information before the agreement, that's why we knew it would work."

Trainer says of the land claims issue, "I know when Ron Irwin was minister, he said as long as he was having co-operation, he would work with natives on land claims. Otherwise, he would move and work with an area that is easier to settle. It makes sense, when you think about it, to settle the easy cases first. But I don't know what Jane Stewart is going to do."

A recent issue has been the purchase of land by Six Nations and New Credit in the municipali­ties. The land is purchased and held in trust for the bands, and is no longer taxable as long as the land is used for the good of the band, and not a private individual or business.

Trainer points out that lost property tax dollars have to be made up by non-natives, "which doesn't make for good neighbours."

Trainer has heard that the provincial government is going to do something about the situation, but she is not sure what. "It's the provinces' rule that they are tax­ exempt," she said.

Under the province of Ontario's Assessment Act, that governs property taxes, First Nations are exempt from paying property tax on lands held in trust "for the good of the band." The exemption does not apply to land acquired off-reserve by individual Aboriginal people or businesses.

After land has been acquired by the band, the federal government then holds special hearings in order to determine whether the land can become part of the reserve. The process usually takes several years.

Dan Burgener, who works in the tax office for Haldimand, reports that Six Nations have purchased close to 500 acres in Oneida in the past few years, amounting to a tax levy loss of $16,500 out of a local tax levy for Haldimand of $22 million.

Monture explains, "We systematically buy land in areas where we have a claim. Anyone we've ever bought land from, we've treated them very well. We're not the bad guys here."

"The day has to come when we get justice," he continues. "We hope the municipalities will come in and help voluntarily, that this will never become an issue. But if it comes to that, we are investigating ways to turn the heat up."