Lac Seul First Nation and Canada settle flooding claim
Tim Brody - Editor
Lac Seul First Nation concluded a historic flood claim settlement agreement with the Government of Canada on March 28.
For more than 30 years the First Nation has engaged in “negotiations and litigation against Canada to seek redress for the breach of fiduciary duty by the federal government that resulted in the flooding of 11,304 acres of reserve lands beginning in 1930 without Lac Seul’s consent, lawful authorization, or the payment of compensation,” a May 3 news release issued by Crown-Indigenous Relations and Northern Affairs Canada explained, noting, “The settlement agreement comes after Lac Seul’s 2021 landmark victory in the Supreme Court of Canada in Southwind v. Canada, 2021 SCC 28. The Court concluded that Canada breached its obligation to preserve and protect Lac Seul’s interest in the reserve, which included an obligation to negotiate compensation for Lac Seul, given the value of Lac Seul’s reserve land to the hydroelectricity project.”
The settlement agreement was ratified by Lac Seul’s membership in a community vote on March 3. Chief and Council and Canada’s Minister of Crown-Indigenous Relations then signed the settlement agreement.
Under this settlement, Lac Seul will receive total compensation of $234 million for Canada’s breach. The flooded lands will remain part of Lac Seul’s reserve.
“Even though it has taken generations, our First Nation members have been determined to achieve justice. It has taken too long—those Elders who suffered through the flooding and had to flee their homes have passed on. But this settlement will be a legacy for the future generations of our First Nation. It is a real step towards reconciliation with our federal Treaty partners,” stated Lac Seul First Nation Chief Clifford Bull.
“The resolution of this claim signifies an important step in Canada’s relationship with the people of Lac Seul First Nation and an important step on the road to reconciliation. In addition to rebuilding trust with the Lac Seul First Nation, it will allow us to work together towards a future that honours the rights and aspirations of the community,” stated Gary Anandasangaree, Minister of Crown-Indigenous Relations.
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