July 26, 2008

No progress made on Culbertson Tract

Letter sent to feds

By STEPHEN PETRICK, THE INTELLIGENCER

http://www.intelligencer.ca/ArticleDisplay.aspx?e=1130825

Negotiations to settle the Culbertson Tract land claim are still off.

But Mohawk leaders will sit down with the government again if they get a positive response to a letter sent to federal officials, Chief R Donald Maracle said Friday.

The Mohawks of the Bay of Quinte leader wrote to Indian and Northern Affairs Minister Chuck Strahl this week to encourage the government to bend its policy on not purchasing land in order to settle the claim.

The Culbertson Tract is a 923-acre parcel of land that covers half of Deseronto and about 500 acres of Tyendinaga Township. The federal government began negotiating its return to Mohawk control this spring, after agreeing the land was never surrendered.

But the fate of those living on the land is expected to be uncertain for a while still. Talks hit a standstill last month, when the government told Mohawk officials it would not purchase land from non-natives living in the claim area. Instead, the government offered financial compensation to the band.

The band, however, is lobbying for full return of the land over several generations.

Maracle's letter states that the band has never asked Canada to force anyone away from their properties. Instead, the band has requested "an orderly reacquisition of the Culbertson Tract over time, with the federal government purchasing third party interests in the Culbertson Tract if and when the current registered owners are willing to sell, and at a price acceptable to them."

The letter also states, "there is nothing to prevent Canada from purchasing land to settle a land claim. In fact, in our opinion Canada has a legal duty to do so."

The letter was also sent to chief federal negotiator Vivian Bercovici and several other government officials.

Maracle said his council will wait for the government's reply before deciding whether to continue with talks. The two sides are scheduled to meet around the end of the month at a private location.

In an interview, Maracle said if the government does not change its position, the band council "will be left with no alternative but to explore all legal and political options."

When asked if the band might take the matter to court, he said, "that is always an option."

Maracle also said the band has had a frustrating time dealing with the current administration.

He said the band met with former Indian Affairs Minister Jim Prentice in November 2006, to set the tone for negotiations. At that time, it appeared the government would be flexible.

"He gave the chief federal negotiator the mandate to be creative and use all options," to settle the claim, Maracle said.

However, since Strahl took over, the ministry's views have become "very narrow and positional.

"They want the Mohawks to take the cash and say 'best of luck in catching up.'"