A Six Nations chief involved in trying to end the Caledonia standoff says Ottawa's plan to revamp how native land claims are handled won't have any impact on the dispute.
Mohawk Chief Allen MacNaughton says Canada, Ontario and Six Nations have agreed to resolve the 16-month occupation of a former housing development through negotiations.
"It's not going to solve the situation in Caledonia," MacNaughton said last night. "It's not going to apply to us, for one thing. We already have a different process going."
MacNaughton believes the way the Caledonia dispute is being handled might be used as a blueprint for the proposed legislation.
Ottawa is proposing a new tribunal be created and staffed with impartial judges that would make final decisions on claims when negotiations fail after three years. While that was recommended in a recent Senate report, MacNaughton said the Caledonia negotiators have agreed that if they reach an impasse, the issue can be taken to mediation or arbitration, although Six Nations would insist on participants from another country.
The new law to speed land claims was unveiled yesterday by Prime Minister Stephen Harper. He said it will be written with the Assembly of First Nations and would "revolutionize" the process. Six Nations has filed 29 claims in the last two decades. Only one has been resolved.
If passed this fall, the law would commit $250 million a year for 10 years for specific land claims research and compensation. The Indian Specific Claims Commission would be refocused to concentrate on dispute resolution.
"We won't allow them to unilaterally put this on us," MacNaughton said further about the proposed law. "We've started a process and if we can't make this process work, we will decide together what this process will be ... arbitration or perhaps mediation."
Natives occupied the Caledonia land in February 2006, claiming it was illegally taken from them to help build the Plank Road (Highway 6). Ottawa has said Six Nations surrendered the property in 1844, but it acknowledges other claims. Land along the Grand River was given to Six Nations by the British Crown in 1784.
Ottawa two weeks ago offered $125 million to settle four claims, but natives had to leave the Caledonia site and not stage anymore occupations. Natives have said any settlement must include land.
Federal Indian Affairs Minister Jim Prentice said the proposed law responds to changes native leaders have been calling for since 1947, including Six Nations. He said having disputes go to an impartial tribunal after three years was important.
"It will be an enormous innovation. I think it will help in a case like Caledonia."
Meanwhile, Prentice called the $125-million offer significant. "No one disagrees with that. My understanding is we're making progress."
Ontario Aboriginal Affairs Minister David Ramsay liked the proposed law and said natives should be encouraged by Ottawa's desire to change a process that has fuelled protest. Janie Jamieson, who speaks for Six Nations protesters, says Harper should settle their claim once and for all if he's serious about addressing native issues.