Culbertson Tract land claim

The Culbertson Tract Land Claim, located in the Canadian Province of Ontario in Hastings County, is a specific land claim originally submitted by the Mohawks of the Bay of Quinte in 1995. It covers 923 acres surrounding the Tyendinaga area and the majority of the Deseronto township.[1] This claim is based on the loss of over 800 acres of land during the continued loyalist settlement during 1820-1843 which proved to be the loss of the majority of the land from the Simcoe Treaty.[1]

Map of the Bay of Quinte Area. The land claim covers the areas between Tyendinaga and Deseronto,Ontario.

In 2003, the Department of Indian Affairs and Northern Development stated that the land claim would be negotiated through the Specific Claim Policy in regard to financial compensation instead of negotiating for the land itself.[2] In 2013, after ten years of negotiations this was appealed on the basis that the Specific Claim Policy does not support a strict financially based negotiations for land claims.[2] The Honourable Mr. Justice Rennie states the following in his decision:

[6] The Minister has publicly stated that the Policy does not permit a land-based settlement, only financial compensation. This is incorrect. The Policy explicitly contemplates the acquisition and return of land. The Minister’s comments insinuate that he either refused to recognize the settlement’s options or simply misunderstood altogether.[2]

Due of the continued infrastructure development on treaty signified land tensions have risen during negotiations but the return on the land continues to be the main issue.[3]

As of 2014, the Culbertson Tract Land Claim is currently designated as “in the negotiation process” with the Department of Indigenous and Northern Affairs Canada.[3]

On October 18, 2021 the Tyendinaga Mohawk Territory announced a ratification, by vote, or a partial settlement of the land claim[4]

. . . Culbertson Tract land claim . . .

The Haudenosaunee Confederacy, established in the early 1500s and consisting of the five Iroquoian nations of the Seneca, Onondaga, Oneida, Cayuga and Mohawk (and later in 1722, adopting the Tuscarora) were a significant military force that maintained neutrality during the coming American Revolutionary War.[5] During this period British Army Lieutenant-Governor John Graves Simcoe signed the Simcoe Deed, otherwise referred to as Treaty 3 1/2.[6] This treaty ensured that the People of the Six Nations Confederacy would have the right to land in the Bay of Quinte.[6] This would continue to be occupied and settled by Loyalist people after this treaty was signed, making the land ensured in the Simcoe Treaty was largely taken by non-aboriginal communities.[1]

The right for aboriginal communities to claim heritage land has been a troubled process through Canadian history. The legal foundation for Aboriginal rights to claim heritage land was founded in 1973.[7] The case of Calder et al. v. Attorney-General of British Columbia that the Supreme Court decision allowed Canadian aboriginal communities legal rights to claim land.[7] The Canadian government later created an official process of land reclamation that is negotiated between the claiming community and the Department of Indigenous and Northern Affairs Canada.[8] This process has four stages; submission of claim, assessment, negotiations as well as settlement and implementation.[9]

Mohawks of the Bay of Qunite Flag.

There has been growing academic literature based on the continuation of settler colonial attitudes through the land reclamation process.[10]:68 Since the Culbertson Tract Land Claim has taken over twenty years, this is seen as the foundation of colonial attitudes on Indigenous populations.[10]:66

. . . Culbertson Tract land claim . . .

This article is issued from web site Wikipedia. The original article may be a bit shortened or modified. Some links may have been modified. The text is licensed under “Creative Commons – Attribution – Sharealike” [1] and some of the text can also be licensed under the terms of the “GNU Free Documentation License” [2]. Additional terms may apply for the media files. By using this site, you agree to our Legal pages . Web links: [1] [2]

. . . Culbertson Tract land claim . . .