FOR IMMEDIATE RELEASE 9 AM EDT, May 11, 2000

WALPOLE ISLAND - BOBLO ISLAND

The Indian Claims Commission has today released an 88 - page report on a claim made by the Walpole Island First Nation to Boblo Island, in the Detroit River. The Commission stated, "Our inquiry found that whatever aboriginal title to Boblo Island existed in 1786, still exists today." The First Nation believes the decision by the Indian Claims Commission is an important step forward in their 200 year struggle to recover lands illegally taken by the Crown.

In 1786, the Crown entered into an apparent Treaty with representatives of a few interested First Nations. According to the Treaty, written entirely in English, the lands were being absolutely surrendered to the Crown for the affection and esteem that the First Nations held for the Indian agent, Alexander McKee. The historical records of that time, however, indicate the surrender was for an entirely different purpose: the Aboriginal intention was to put these lands into McKee’s hands so they could be protected from settler encroachment. The intent was to create a Reserve, not give the lands away.

The Indian Claims Commission has concluded that the surrender of 1786 was illegal and is invalid. The Commission held that the 1786 Treaty did not comply with the laws which governed surrenders, including the requirement that all of interested First Nations must participate in a public meeting. The Walpole Island First Nation was not a signatory to the 1786 Treaty. Even those First Nations who were signatories never intended that the land be given away. Chief Joseph Gilbert said this about the Indian Claims Commission report:

"We are pleased that the struggle of our ancestors against this historic wrong has been recognized and approved. This claim was first made in 1992, and rejected by the Federal Government in 1995. Now that the claim has been reviewed by a well respected, independent body, we hope that Canada will demonstrate its integrity, and honor the historical record."

"We want to start negotiating a resolution to this claim without any more delay and without the waste of any more tax dollars. Canada has all of the historical records, and as the Indian Claims Commission found, the taking of our lands was wrong."

The Walpole Island First Nation first submitted the claim to Specific Claims Branch of the Department of Indian Affairs in August, 1992. The claim was rejected by Specific Claims in May of 1995. The First Nation filed additional historical information, but in November 1995 was again rejected by the Federal Government. The First Nation appealed that decision to the Indian Claims Commission. Formal oral and written submissions were made to the Commission in April 1999.

Chief Gilbert also stated:

"Our ancestors protested the loss of these lands for many years. Their protests were mostly ignored. I sincerely hope that the Government of Canada adopts a different approach this time around. We will not be ignored any longer. They should sit down with us now to work out a solution to this claim"

The Walpole Island First Nation issued a Statement of Claim on April 26, 2OO0 claiming aboriginal title to a number of islands and lands under water extending from Lake Erie to Lake Huron. Boblo Island was not part of the claim, but the decision of the ICC clearly bodes well for the First Nation’s efforts to assert their Aboriginal title.

Click on map for larger version

Further information can be obtained from:

Mr. Dean Jacobs
Executive Director
Walpole Island First Nation Heritage Centre at (519) 627-1475