(Submitted photo/MGBHLM First Nation)

By Angela Brown

Land claim resolution

MGBHLM First Nation award now increased to $141 million in historic land claim settlement

May 10, 2021 | 5:18 PM

Mosquito, Grizzly Bear’s Head, Lean Man First Nation will now be awarded $141 million plus interest from the federal government for a land claim settlement dating back to 1905.

Previously in January, the Specific Claims Tribunal Canada announced the First Nation would be awarded close to $127 million for the settlement.

While this was the largest award ever made by the tribunal, the First Nation said in a release that expert studies of all parties supported a higher amount, so it successfully filed a review of the decision with the federal Court of Appeal.

Chief Tanya Aguilar-Antiman said the new award amount is “a huge success” for the First Nation, adding its people have been “seeking a fair and just settlement for the unlawful taking of our lands for more than 26 years.”

“This claim was first filed with Canada in 1995 and has finally reached conclusion, a result of the dedication and commitment of our current chief and council,” she said. “We also commend all past chiefs and councils, Elders, and members for their patience and perseverance. This result sets a new record and is the largest ever award ordered by the Specific Claims Tribunal to a First Nation.”

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The report overview indicated that in 1905 the federal government took 14,670 acres of land, about two-thirds of the reserve.

In 2017, the federal government admitted it breached its pre-surrender fiduciary obligation to the claimant, MGBHLM, which rendered the 1905 loss of lands invalid.

“The evidence introduced in the compensation phase of the proceeding reveals that the Crown took a surrender vote in contravention of the statutory requirement that permitted only members of the Grizzly Bear’s Head and Lean Man Bands to vote, and later accepted and acted on the surrender. This was, from the outset, a breach of the duty of ordinary prudence,” the tribunal stated in its decision.

In the January 2021 decision, the First Nation was to be awarded $15,500,000, (effective Sept. 21, 2017) for the current market value of the land, and $111,433,972 (to Dec. 31, 2019) for the value of the loss of use of the land, for a total compensation of $126,933,972.

Then in March of 2021, the federal government and the First Nation agreed to adjust this amount to a final award of $141,000,000 plus interest to account for the present value of the Claim Lands and compensation for loss of use in light of established principles of law and equity.

Aguilar-Antiman said in a statement, the resolution is also a step towards reconciliation.

“Although the facts in this claim were egregious, the chief and council are proud that Canada and the First Nation have taken a meaningful step towards reconciliation, as reflected in the agreement of the parties,” she said. “Most importantly to our people, although the decision of the Tribunal brings finality and closure to this claim, the Mosquito Grizzly Bear’s Head Lean Man First Nation has never surrendered its land to Canada, not in 1905, nor through agreement with Canada today.”

For the future, Aguilar-Antiman said the First Nation plans to put the full amount of its compensation into an independently managed trust that will provide a sustainable source of income for the use and benefit of future generations of the First Nation.

“This much needed compensation will assist the First Nation in community development, housing, education, Elders and youth initiatives, and responding to the COVID-19 pandemic,” she said.

Ron S. Maurice, founder and senior partner of Maurice Law, which represented the First Nation in advancing this Claim since 2004, said in a statement the firm is proud that MGBHLM, “has finally received a fair and just award.”

Maurice Law committed to donate $2,820,000 to the First Nation over the next ten years to recognize the long-standing relationship.

“We understand that the First Nation will use these charitable donations to support recreation, youth, and other important initiatives for the benefit of the community,” Maurice said.

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Angela.Brown@pattisonmedia.com

On Twitter: @battlefordsnow