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The federal cabinet has given the green light to a settlement that requires Canada to pay nearly $240 million to the Mohawks of Akwesasne over a land claim.
The land claim at the heart of this settlement involves an 8,000-hectare parcel of land in southern Quebec, on the southern shore of the St. Lawrence River.
In Quebec, this territory is known as Dundee but local Indiginous residents refer to it by its traditional name: Tsikaristisere.
The legal dispute over this land goes back to 1981 when the Mohawk Council of Akwesasne filed a claim seeking return of the land, which allegedly was subject to an invalid surrender in 1888. The Mohawks claim they never intended to permanently cede the land to the federal government.
In 2015, the federal government agreed to settle the land dispute for nearly $240 million. Under this proposed settlement, the federal government also offered the Mohawks the right to add up to 18,282 acres added to the Akwesasne reserve, if they purchase parcels on the open market.
In December 2018, the Mohawks of Akwesasne held a referendum to decide whether to accept the proposed settlement offer. Eighty percent of participants reportedly voted in favour of the deal. Reportedly, only 28 percent of eligible voters participated.
Five appeals were subsequently filed but they were dismissed earlier this year. According to a report by CBC.ca, only one appeal was given a full hearing by the court. The appellant was concerned that the materials provided to the community by the Mohawk Council’s Aboriginal Rights and Research Office were biased to induce a vote in favor of the land settlement.
The court examined more than 200 exhibits that included videos, newspaper advertisements, billboards, flyers, social media posts, and PowerPoint presentations that were given at information sessions. The court determined that more than 90 percent of the information distributed to the community was impartial and unbiased.
Other appellants raised concern about fraudulent practices that might have affected the results of the referendum, including hiring community educators to disseminate information that was allegedly deceptive, biased and coercive to sway voters’ opinions in favor of the referendum. However, the court found that there was no evidence to show the community educators used coercion or deception.
Under the terms of the proposed land settlement, The Mohawks of Akwesasne will renounce their claim to the land once their land settlement money is received and accept the 1888 surrender of the land as valid.
What do you think about this land settlement? Tell us your thoughts in the comment section below!
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