Our Home and (Native?) Land - Part 2

Understanding the Importance of Mineral Rights in Our Home and Native Land - Includes Part 3 The Seigneury of Sault St. Louis, also known as Kahnawake for members.

Protesters block a rail line in support of Wet'suwet'en land defenders who were arrested by the RCMP

Canada is known for its vast natural resources, including oil, gas, minerals, timber, and water. The extraction and export of these resources have contributed significantly to the Canadian economy over the years. According to Statistics Canada, the natural resource sector accounted for 7.3% of Canada's GDP in 2019, with mining, quarrying, and oil and gas extraction being the largest contributors. Considering the total GDP number for that year ($1.98 trillion) that amounts to around 145 billion dollars for one year, or 9 times the total annual federal budget for Indigenous people in 2021. The exact amount of wealth extracted from these resources over 150 years is difficult to quantify, as it depends on various factors such as market prices, production levels, and government policies but we can be certain that an extremely small percentage of it has found it way into Indigenous pockets.

The reserve system, which was established in the late 19th century, is one of the driving factors contributing to the insultingly limited land holdings of Indigenous peoples in Canada. Under the system, Indigenous peoples were confined to small parcels of land that were often unsuitable for agriculture or other economic activities and offered much more limited hunting opportunities. The reserve system also disrupted traditional Indigenous land use practices and forced Indigenous peoples to rely on government assistance for their survival.

Currently over 5,000 First Nations reserves in Canada, total approximately 2.6 million hectares of land, equivalent to 26,000 square kilometers. (28,000 by some sources) Less than the area of Vancouver island (32,000 square km). According to a report by the National Observer in 2019, the top 20 landowners in Canada and their land holdings in square kilometers are:

1. Government of Canada - 3.85 million sq km (Includes 28,000 sq km of reserve land)

2. Government of Quebec - 1.54 million sq km

3. Government of Ontario - 1.08 million sq km

4. Government of British Columbia - 944,735 sq km

5. Government of Alberta - 661,848 sq km

6. Government of Saskatchewan - 651,900 sq km

7. Government of Manitoba - 548,360 sq km

8. Weyerhaeuser - 12,000 sq km

9. Irving - 9,000 sq km

10. Tembec - 8,000 sq km

11. Resolute Forest Products - 7,000 sq km

12. J.D. Irving - 6,000 sq km

13. Domtar - 5,000 sq km

14. West Fraser Timber - 4,000 sq km

15. Canfor - 3,000 sq km

16. Tolko - 2,000 sq km

17. Louisiana-Pacific - 2,000 sq km

18. Mercer International - 2,000 sq km

19. Rayonier Advanced Materials - 2,000 sq km

20. Conifex Timber - 1,000 sq km

Mineral rights on reserves are typically owned by the federal or provincial government, rather than by Indigenous communities. This is again due to the Indian Act, under which all reserves are considered federal lands, and the government retains ownership of the mineral rights.

However, some communities may be able to negotiate agreements with mining companies or the government to access and benefit from the resources on their land. These agreements may include revenue-sharing arrangements or other benefits for the community. Additionally, some nations have pursued legal action to assert their rights to the resources on their land, including mineral rights.

Here are a few examples of First Nations that have pursued legal action to assert their rights to mineral resources on their land:

1. The Tsilhqot'in Nation: In 2014, the Supreme Court of Canada granted the Tsilhqot'in Nation title to a large area of land in British Columbia, including the mineral rights. This was the first time that a Canadian court had granted title to Indigenous people over a specific area of land.

2. The Innu Nation: The Innu Nation in Labrador has been involved in a long-standing legal battle with the provincial government over the ownership of mineral rights on their land. In 2019, the Supreme Court of Newfoundland and Labrador ruled that the Innu Nation has the right to be consulted and accommodated on any decisions related to mineral exploration and development on their land.

3. The Ktunaxa Nation: The Ktunaxa Nation in British Columbia has been involved in a legal battle over the development of a ski resort on their land, which they consider to be a sacred site. The case has raised questions about the duty to consult and accommodate Indigenous communities in decisions related to resource development. While the Supreme Court of Canada ruled against them in 2017 the legal battle wages on.

Jumbo Glacier Resort was originally expected to be operational by early 2013

The Inuit offer us a glimmer of hope here, though it’s worth mentioning they were not already governed by the Indian Act as they are Inuit. The Nunavut Land Claims Agreement is one of the largest and most comprehensive land claims agreements in Canadian history. It provides the Inuit of Nunavut with ownership of 18 percent (355,000 sq km) of the land in the territory, as well as financial compensation and resource revenue sharing, a significant milestone in the recognition of Indigenous rights in Canada and has been used as a model for other land claims agreements across the country. The agreement also established the Nunavut government, which has jurisdiction over many areas of public policy, including education, health care, and social services. However, the agreement does not provide the Inuit with full ownership of the mineral rights on their lands. Surely our right to our traditional ways of life includes the ability to weave those ways of lives into the modern world on our own terms, what other nation on earth lets another control its natural resources?

What do the Nations across Canada need to do to finally secure once and for all, at least a measurable percentage of the land our ancestors have called home for countless generations? Over the next few months we will continue to pull on this thread, examining the battles individuals bands have faced going op against the behemoth that is the Canadian Government. Land, in my opinion is the single most important part of any negotiation towards a future without an Indian Act.

Next week we will take a closer look at the Seigneury of Sault St. Louis and the difficulties the Mohawks have been having with various governments for almost 400 years, and after that we’ll take a look at my own band, the Mishkeegogamang, and the troubles they’ve faced going up against Ontario Hydro.

Thanks for reading,

Darren Grimes