Walpole Island First Nation - Chenail Ecarte Reserve (Sombra Township) Claim

Greetings From Walpole Island First Nation

Boozhoo!

This is how we say "hello" at Walpole Island.

I am the elected Chief of the Walpole Island First Nation. The traditional name for our Territory is Bkejwanong, which translated means "the place where the waters divide". We are your neighbours, and over the years, we have built lasting friendships with many members of your community.

You probably know that this entire region was occupied by our ancestors before the coming of non-Aboriginal settlement. We occupied these lands, and were responsible for our own affairs, something now called self-government. We had our traditions and distinct cultures.

Not long after Europeans came to this continent, our ancestors became allies. They fought and died in numerous battles to protect and preserve what is now southwestern Ontario. That commitment and loyalty has continued through two World Wars in this century.

Our culture was very different from the European culture, particularly when it came to the land. The Europeans brought with them notions of titles and ownership, concepts entirely foreign to us. Over the years, several Treaties were negotiated by which our ancestors were convinced to share their lands with the newcomers.

The courts of this country, including the Supreme Court of Canada, recognize that Aboriginal peoples have a prior interest in the lands which they have historically occupied. This right is sometimes called "Aboriginal title". This title is protected under the Charter of Rights and Freedoms.

In the 1970s, the federal government started up a land claim program to resolve Aboriginal claims through negotiation, rather than the courts. This process is known as "Specific Claims". It is administered by the Department of Indian Affairs, with the assistance of the Department of Justice. It was intended to provide an expeditious, less expensive way to settle historic grievances involving Aboriginal claims arising from a breach of Treaty. Unfortunately, for us, this process has been something of a black hole into which our claims go, but rarely, if ever, come out.

I am writing to inform you of one such claim. It involves the Chenail Ecarte Reserve, now known as Sombra Township. In the pages that follow, you will read a summary of the historical basis for this claim, as well as the history of this claim since it was filed with Specific Claims in Ottawa.

The Specific Claims process is intended to be an alternative to the Courts. One of the rules of Specific Claims is that Third Parties will not be dispossessed or displaced. Accordingly, any settlement will respect existing ownership. Obviously, there are no such limits in litigation.

You will see below that the claim which we have filed with the federal government to Sombra Township has merit. The federal government has had that claim in its possession for years, and we have yet to receive any meaningful response. While we prefer to work matters out through negotiation, the longer things go, the longer our people will continue to suffer from this historic wrong. Frankly, even sending this householder to you is an effort on our part to try to get the Government of Canada to deal with this claim, and to give us an answer. We do not wish to pursue litigation where the title of current owners could be thrown into jeopardy, but we are forced to ask ourselves what choice we have when the alternative is not working.

We hope that you will take the time to read this householder, to get to understand our claim and our people. Perhaps, with your help, litigation can be avoided and this claim can be resolved in a way that benefits us all, through negotiation - not litigation or confrontation.

Miigwech, (Thank you)

Joseph B. Gilbert

Chief

Walpole Island First Nation

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