Lac Seul First Nation and Canada settle Flooding Claim

LAC SEUL FIRST NATION, TREATY 3 TERRITORY, ON, May 3, 2024 /CNW/ - On March 28, 2024, Lac Seul First Nation concluded a historic settlement agreement with the Government of Canada regarding the First Nation's flooding claim.

For over 30 years, Lac Seul engaged in negotiations and litigation against Canada to seek redress for the breach of fiduciary duty by the federal government that resulted in the flooding of 11,304 acres of reserve lands beginning in 1930 without Lac Seul's consent, lawful authorization, or the payment of compensation.

The settlement agreement comes after Lac Seul's 2021 landmark victory in the Supreme Court of Canada in Southwind v. Canada, 2021 SCC 28. The Court concluded that Canada breached its obligation to preserve and protect Lac Seul's interest in the reserve, which included an obligation to negotiate compensation for Lac Seul, given the value of Lac Seul's reserve land to the hydroelectricity project.

Honouring Canada's legal obligations and properly compensating Lac Seul First Nation for unlawful conduct is a fundamental part of advancing reconciliation in Canada and rebuilding trust with the community.

Lac Seul's membership ratified the settlement agreement in a community vote on March 3, 2024, after which the Chief and Council and Canada's Minister of Crown-Indigenous Relations signed the settlement agreement. Under this settlement, Lac Seul will receive total compensation of $234 million for Canada's breach. The flooded lands will remain part of Lac Seul's reserve.

As we embark on a new era guided by the United Nations Declaration on the Rights of Indigenous Peoples Act, honouring and implementing treaty obligations and properly compensating Lac Seul First Nation for damage to their lands is a fundamental part of advancing reconciliation in Canada and rebuilding trust with Indigenous communities.

"Even though it has taken generations, our First Nation members have been determined to achieve justice. It has taken too long—those Elders who suffered through the flooding and had to flee their homes have passed on. But this is settlement will be a legacy for the future generations of our First Nation. It is a real step towards reconciliation with our federal Treaty partners." 

Chief Clifford Bull

Lac Seul First Nation

"The resolution of this claim signifies an important step in Canada's relationship with the people of Lac Seul First Nation and an important step on the road to reconciliation. In addition to rebuilding trust with the Lac Seul First Nation, it will allow us to work together towards a future that honours the rights and aspirations of the community."

The Honourable Gary Anandasangaree

Minister of Crown-Indigenous Relations

• Lac Seul First Nation – Obishikokaang – is an Anishinaabe Nation located in Northwest Ontario whose traditional territory stretches from the northeast of Red Lake, all along the shores of the Lac Seul Watershed, down through Minnitaki Lake and east to Sturgeon Lake. Today, the First Nation is made up of four communities: Kejick Bay, Canoe River, Whitefish Bay, and Frenchman's Head. Lac Seul's total population is 3,787 and growing. Lac Seul is a party to Treaty 3, a sacred relationship entered into with the Crown in 1873 in which the two agreed to share the land and resources.

Lac Seul First Nation

Specific Claims

Supreme Court of Canada – Southwind v. Canada

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SOURCE Crown-Indigenous Relations and Northern Affairs Canada