Chris
Henderson gave a speech at the Treaty Commission of Manitoba learning center
Wednesday, February 6, 2013, about an economic development zone. He used
different wording than the more familiar term ‘urban reserve’. Henderson starting
his presentation holding up a big green book titled, Framework Agreement: Treaty Land Entitlement Manitoba, to give a
visual of the amount of paperwork and legal implications to be followed. The Treaty
Land Entitlement Committee of Manitoba Inc. (TLE) was established to address
the land allocation that was not completed after the treaties were agreed too.
For example treaty 1 and 2 were suppose to get figures of similar measure to
Treaty 5 – 160 acres for family of 5. One of the promises is the per capita
provision- Treaty 5 – 160 acres, or 32 per person. TLE is not new land allocation to First
Nations; it simply honors what was promised at the time of treaty.
Henderson is the
Executive Director of the TLE, and in addition to a brief history behind the
mandate, said Oka lit the fire to initiate the TLE. He let us know that there
is a Treaty and Aboriginal Rights center on Lombard Street if anyone wants to
go do some additional research. Henderson clarified the finer details of the
legal jargon beginning with Reserves owed other lands who are given money and
then purchase land. Within Manitoba, Rolling River acquired lands outside of
Brandon; Brokenhead First Nation acquired land east of St. Paul; and Sapotaweyak
acquired land near Swan River. To member First Nations to initiate a TLE, a
Community Approval Process needs to be obtained. Then a municipal services
agreement needs to be reached, as well as a memorandum of understanding.
Land acquisitions of
private land takes on average 9 years to convert land to urban reserve, Sapotaweyak
is a victim to rules changing, as well as Long Plain where Yellowquill College
is located. He explained there is a legal delay process that comes without
penalties or fines, in other words, government can drag its feet when it comes
to converting land into reserve status. He acknowledged there should be
timelines and penalties if corporations can buy, lease, and use lands faster
than reserves. These are the challenges; however First Nations have bought
land, and are moving forward. Despite time, challenges, progress is being made.
First Nations are moving ahead and the TLE framework is the way to go.
According to Henderson,
as a side note to questions why this lengthy practice is commonplace, he gave
an interesting answer that reflects opinion within the bureaucratic circles. Referring
to an incident years back, when then Chief Terrence Nelson put Indian Affairs Minister
Jim Prentice into a situation in which if he did not convert a piece of land
purchased into urban reserve, he would block train lines into the states
disrupting the Canadian economy to the highest degree. Prentice reached out to
him, asking Chief Nelson what he wanted. Government sped up the process
converting the Red Sun Gas Station to reserve land in 3 months. After that
incident, the government has been very reluctant because of Nelson the
Government doesn’t like to be pushed and now has discretion of what will go up.
I asked the question,
what is the legal status of the reserves he is speaking about, that have now
entered the Land Management Act with their TLE land, if they go broke, does the
land revert back to the province or the band to try another venture, ? – He
said he wasn’t sure, would have to check with legal counsel, but he knows that
within the big green book, the lands will be held in trust. According to the Treaty
Land Entitlement Committee of Manitoba Inc. Annual report 2011/2012, to date,
Canada has set aside a total of 462,727 acres of land as reserve; there remains
a total of 509,759 acres of land. The total crown land and other lands amount
to is 963,097acres.
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