Pauquachin First Nation and the Government of Canada resolve road right of way specific claim

From: Crown-Indigenous Relations and Northern Affairs Canada

News release

July 30, 2021 — Pauquachin First Nation, British Columbia — Crown-Indigenous Relations and Northern Affairs Canada

Working collaboratively to renew relationships and righting historical wrongs are key to advancing reconciliation with First Nations in Canada.

Today, Chief Allan Tom and the Honourable Carolyn Bennett, Minister of Crown-Indigenous Relations, announced that the Pauquachin First Nation and the Government of Canada have taken a step forward on the path of reconciliation by concluding a negotiated settlement to resolve the Pauquachin First Nation Road Right of Way through Hatch Point IR 12 specific claim.

This specific claim concerns Canada’s breach of its fiduciary obligation to the Pauquachin First Nation. An agreement between Canada and a developer was made to close the existing road to the First Nation’s reserve land in order to facilitate the construction of a gated retirement community and golf course. A replacement road was never completed resulting in the loss of the First Nation’s only legal means to access the reserve by land, rendering the reserve effectively inaccessible.

The Pauquachin First Nation filed this claim on October 8, 2009. Through dialogue and cooperation between the First Nation and Canada, a resolution was achieved on September 3, 2020. Canada has provided the Pauquachin First Nation with $41,760,869 in total compensation for the losses suffered.

This negotiated settlement will help to address the wrongs of the past and advance reconciliation with the Pauquachin First Nation.

Quotes

“We are taking an important step to renew and strengthen our relationship with the Pauquachin First Nation. This settlement helps right a past wrong and also creates new opportunities for a brighter future as we continue to rebuild our nation-to-nation relationship with Indigenous Peoples. May this settlement stand as a significant milestone on the path to reconciliation for our two nations.”

The Honourable Carolyn Bennett, M.D., P.C., M.P.
Minister of Crown-Indigenous Relations

"This longstanding issue has been tirelessly moved forward by our Elders and Pauquachin Chiefs and Councillors. We are happy to have achieved this resolution and look forward to working with Canada to resolve our other Specific Claims."

Chief Allan Tom
Pauquachin First Nation

Quick facts

  • The Pauquachin First Nation is located in the Greater Victoria area of Vancouver Island, British Columbia.

  • Pauquachin First Nation has a population of 403.

  • From April 1, 2020, to March 31, 2021, the Government of Canada and First Nations resolved 36 specific claims for over $1.75 billion in compensation.

  • The specific claims process helps right past wrongs and address First Nations’ long-standing grievances through negotiated settlements. Canada is continuing to consult in order to co-develop program reforms. To provide timely payment of negotiated settlements of specific claims, while this work continues, Budget 2021 will replenish the Specific Claims Settlement Fund in 2022-23.

Contacts

For more information, media may contact:

Gillian Hanson
Director of Communications
Office of the Honourable Carolyn Bennett
Minister of Crown-Indigenous Relations
819-997-0002

Media Relations
Crown-Indigenous Relations and Northern Affairs Canada
819-934-2302
RCAANC.media.CIRNAC@canada.ca

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