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

History of Specific Claim

In 1993, the Walpole Island First Nation provided the Specific Claims Branch of the Department of Indian Affairs with its historical research to support the claim to the Chenail Ecarte Reserve. More than two years later, in December 1995, Specific Claims provided its counter-research.

On July 3, 1996, the First Nation submitted to Canada the legal issues relating to the claim, and requested that the claim be forwarded immediately to the Department of Justice. The First Nation received confirmation by letter dated July 11, 1996, that the file had been forwarded to the Department of Justice for its legal opinion on July 10, 1996.

Since July 1996, the First Nation has repeatedly requested a response from Specific Claims, either validating or rejecting the claim.

Representatives of Specific Claims were advised repeatedly by the land claims research director of the Walpole Island First Nation, Dean Jacobs, and by our First Nation's legal counsel, that this claim was a priority for the Walpole Island First Nation. Assurances were provided that the Department of Justice would review the claim promptly, and Specific Claims would provide its position.

The First Nation was surprised to learn that the lawyer in the Department of Justice responsible for this file took the file to San Diego, where he was doing post-graduate work. Teleconference calls were held with Specific Claims and the lawyer responsible to try to pin down a date by which we could expect an answer to the claim. It was clear that the lawyer involved had very little time available outside of his studies and the other work which he was doing for the Department, and that this claim was getting short shrift.

Numerous promises were made that the Department would complete its review by May 1997. That turned into the Fall of 1997, then early 1998, followed by the Spring of 1998. Finally, in November 1998, the Specific Claims Branch advised that the Department of Justice, after more than two years to review the claim, indicated that it required more information, most of which was already in the possession of the Department of Indian Affairs. Throughout this period, there was never an apology or an explanation for the delay.

In January 1999, the Director General of the Specific Claims Branch wrote to the Chief of the Walpole Island First Nation to "assure you that I appreciate your frustration over the length of time the Chenail Ecarte claim has been under review". He committed to dedicate two people to the claim and to address the issues recently raised by the Department of Justice in the most expeditious manner possible.

In May 1999, the First Nation received a letter from the Senior Claims Advisor of the Specific Claims Branch to advise that the necessary documentation and research had been completed. He advised that:

Once all of the additional material has been reviewed we hope to be in a better position to assess when we can provide you with our preliminary position on the Chenail Ecarte Claim.

Thus, there was not even a commitment to set a time frame for advising of Canada's position.

Since May 1999, the First Nation has heard nothing on the status of this claim. Complaints have been made to the Department of Indian Affairs and others with no end in sight.

"Walpole Island Indians at work making axe handles in Port Lambton" (credit: Alvena Johnson)

FURTHER INFORMATION

If you wish to learn more about the Walpole Island First Nation, we invite you to visit the Heritage Centre, located on Walpole Island or contact Dr. Dean Jacobs, Executive Director of the Heritage Centre. The Heritage Centre can be reached by Email: heritage@web.net or by telephone (519) 627-1475.