Adam Prudhomme
Editor
In a move hailed as a major step towards reconciliation, pen was put to paper Monday on an agreement that will see the Canadian government return to the Mohawks of the Bay of Quinte a portion of land known as the Culbertson Tract.
Chief R. Donald Maracle and members of the Council of the Mohawks of the Bay of Quinte joined Marc Miller, Minister of Crown-Indigenous Relations, on the Tyendinaga Mohawk Territory to sign the agreement. The settlement involves 299.43 acres, which represents about a third of the total land claim. Negotiations will continue on the remaining claim and Monday’s announcement has no prejudice on the balance of the Culbertson Tract Specific Claim.
“This is a milestone accomplishment in our Culbertson negotiations to have land that was never surrendered returned to our control,” said Maracle. “This is a first step. A third of it will be coming back under this partial settlement agreement without prejudice to the balance of it. It’s a template for the future and we will look forward to discussing it further with the Crown.”
Chief Donald Maracle of the Bay of Quinte Mohawks. Photo by Adam Prudhomme.
Though the Mohawks of the Bay of Quinte submitted the claim on the property back in 1995, the history of that land stretches must further. Originally, the land granted to the ancestors of the Mohawks of the Bay of Quinte in 1793 as part of the Simcoe Deed. The Mohawks assert the deal was a treaty in recompense for the losses sustained by the Mohawks as part of their loyalty to the British Crown during times of war. Since that time, the Mohawk Tract, as it was originally known, has been reduced to less than one-third of its original size. In filing its claim in 1995, the Mohawks alleged the Crown illegally transferred the land out of their control in 1837 to John Culbertson-grandson of Mohawk Captain John Deserontyon.
Today the land is located on the west side of Deseronto Road, which was being used as farmland and included a quarry.
“This agreement is part of the long standing relationship between the Mohawks and the Bay of Quinte and the Crown, which is renewed today in the spirit of reconciliation,” said Maracle. “However after our people came here, promises were made that the land would always be under the protection of the Crown to protect it from illegal alienation or trespass. The crown did not keep its promise. When trespass occurred and our chiefs petitioned the guard to deal with it, they chose to ignore it.”
Miller addressed those gathered at the Mohawk Community Centre in their own language at the start of his remarks.
Marc Miller, Minister of Crown-Indigenous Relations looks at a collection of Queen Anne Silver, which was gifted to the ancestors of the Mohawks of the Bay of Quinte. Photo by Adam Prudhomme.
“I wanted to acknowledge in your language that Canada failed your community and your right to this land and reaffirm our commitment to address this and acknowledges Canada’s step forward in working with you to continue to work on matters remain,” said Miller.
The minister noted there is still work to be done and negotiations will continue for the remainder of the claim.
“This settlement shows what we can do when we work on shared solution through honest dialogue and cooperation and will continue working to address this historical wrong,” added Miller.
The agreement states the land will be acquired with BMO Nesbitt Burns acting as a trustee and in due course confirmed as surplus land.
“Everybody has an equal and undivided interest in that land because the land was set aside for all the people, not some of them, but all of them, so they have an equal say,” Maracle said.
Along with the return of land, the settlement includes a compensation of $30.9 million provided to the First Nation. Mohawk council will consult with the community as to how those funds will be allocated.