1919 Halifax County Invalid Surrender Land Claim Update

October 25th, 2011

As of today's date there has been no offer or settlement with the Crown. We continue to work diligently within the guidelines of the negotiating process in spite of the withdrawal of the Federal negotiation team from further meetings. The offer when given will be reviewed and analyzed by the members of Indian Brook and Millbrook negotiation teams with assistance from our lead negotiator Dr. Ian Johnson and his team members. Any settlement the team is prepared to recommend must be accepted by the members of both First Nation communities through a referendum process approving a final settlement.

If the offer is, in the opinion of your negotiation team, not reasonable compensation for the loss incurred then the team has the option to move the matter to a hearing before the Specific Claims Tribunal for resolution.

Rumors and speculation regarding the dollar value with respect to the 1919 Land Claim are unsubstantiated.

Please contact a member of your negotiating team if you have any questions.

Sincerely,

Chief Lawrence Paul
Millbrook First Nation
1-902-897-9199

Chief Jerry Sack
Shubenacadie First Nation
1-902-758-2049

Invalid Surrender Claim

In March, 2004, the First Nations submitted the Claim to Canada under the specific claims policy. On July 11, 2007 Michael Roy, Assistant Deputy Minister, wrote to Chief Paul, Millbrook First Nation, and Chief Sack, Shubenacadie First Nation, and accepted the Claim for negotiation... read more

Negotiations of the Claim

The goal of compensation awarded under the Policy Guide is restitutionary in nature, that is its goal is to place a claimant First Nation(s) in the position it would have been had the Crown’s breach not occurred.



As a general rule, the determination of proper compensation for breaches of fiduciary duty, within trust-like or power dependency fiduciary relationships require the restitution of lost property. Where actual restitution is not possible, compensation as an equitable monetary remedy, attempts to restore to a claimant what has been lost as a result of the breach, because in our claim where actual restitution is not possible, (the return of the land in question as per the specific claim policy) our goal, as part of any settlement reached with the federal government is to maximize the settlement.

If it is the desire of the First Nation band membership to acquire other lands it will be done by way of referendum...read more
Confidential Band Information
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