Cold Lake First Nation to Vote on Historic Settlement Agreement by Tehaliwaskenhas - Bob Kennedy, Oneida

Imagine F-18's Flying in the sky Practicing for War and the Dene People Once Again on their Traditional Lands Below.

It has been a long time coming for the Dene People - more than half a century. Turtle Island Native Network has learned that Cold Lake First Nation members will vote December 12, 2001 on a historic land claim settlement agreement worth $25.5 Million plus five thousand acres of land just south of the Primrose Lake Air Weapons Range in Alberta.

The deal includes sub-surface rights with the land and the land also will be added to reserve status for the band. The deal, being negotiated since 1995 provides for Cold Lake First Nation access to the Air Weapons Range to pursue traditional activities such as hunting, fishing, trapping and gathering.

It also means they could pursue some small c commercial activities such as eco-tourism and cultural tourism, for example.

If Cold Lake First Nation members ratify the agreement, individual members will receive $2,500 each. Elders will receive the $2,500 plus an additional $4,500 each.

The majority of Cold Lake First Nation members are Dene, and the remainder are Cree.

The community was devastated when in the 1950's the Canadian government took their traditional lands for military purposes, destroying the community's livelihood and forcing them into a mostly welfare-based society.

The majority of the settlement money will be governed by a long term trust to ensure the entire community benefits from the settlement, including future generations.

The following includes Highlights of the Proposed Cold Lake First Nations Settlement Agreement between Cold Lake First Nations (CLFN) and Canada, with respect to the community's grievances over the establishment of the Cold Lake Air Weapons Range in 1953. Information is also provided on the two Proposed Access Agreements negotiated among Alberta and Saskatchewan, Canada and CLFN, as well as the Proposed Primrose Lake Trust Agreement developed by the First Nation.

In 1995, Canada announced that is was willing to negotiate a resolution of the grievances of the Denesoun'lini related to the establishment of the Range. These negotiations were conducted under a special federal Cabinet authority. Both parties agreed that the negotiations would focus on "socio-economic measures to address the current and future needs of the First Nation".

Canada and CLFN acknowledge that this settlement package was "negotiated in response to the particularly severe impact of the Range on the economic base of the Denesoun'lini and the accompanying social impacts." The acceptance of this settlement will not effect any aboriginal, or treaty rights of the Denesoun'lini.

Canada and CLFN have included the following wording in the Proposed Settlement Agreement: ". . . this Settlement Agreement does not and shall not be construed so as to abrogate, nor derogate from, or affect in any way, any Aboriginal, Treaty or other rights of CLFN to the lands and resources of the Range or otherwise."

Negotiations on the settlement package concluded in October of 2001. Before this Proposed Settlement Agreement is to become the Final Agreement, it must be voted on by all eligible voters of the First Nation.

The Proposed Settlement includes the settlement fund, land, two Access Agreements and provisions for managing the settlement funds within a Trust. Eligible CLFN voters will vote on the entire package.

Highlights of the Proposed Settlement Agreement

The following is a summary of the proposed settlement package:

Canada agrees to pay CLFN the sum of $25.5 million in cash, together with other valuable considerations provided in the settlement package, in full and final settlement of the grievances of the First Nation in relation to the establishment of the Cold Lake Air Weapons Range. Should the CLFN voters choose to accept the settlement package, Canada will deposit $25.5 million(the Settlement Fund) into a Trust Account established under the Proposed Primrose Lake Trust Agreement.

The Proposed Primrose Lake Trust Agreement will be voted on by eligible members of Cold Lake First Nations at the same time as other Agreements in the settlement package. The Trust Agreement is a document developed by the First Nation. It is an Agreement between the Trustees and the members of CLFN. Once Canada has deposited the $25.5 million in the trust account, the Settlement Fund shall be administered by the Trustees according to the terms and conditions set out in the Trust Agreement. The Trustees will be responsible for the trusts management.

The Proposed Primrose Lake Trust Agreement will be administered by five Trustees appointed by Chief and Council. Three of the five Trustees must reside on the CLFN reserves. The remaining two Trustees must be independent, not members of CLFN, nor related to members of the First Nation and must have an education in business, accounting or law or extensive business experience.

After the Elders and Members Per Capita Distribution it is estimated that approximately $20 million will remain in the Proposed Primrose Lake Trust Agreement. This amount will be managed by the Trustees in long term interest bearing investments. The Trust Agreement imposes strict responsibilities on the Trustees to invest the money carefully and wisely. In this way the settlement monies will be protected for future generations. The capital of the trust will remain intact and only the interest will be transferredannually to Chief and Council to be used for Band purposes. A small amount of the capital, a maximum of 10% in any given year, can be used to invest in real property.

The Chief and Council may request from the Trustees, a maximum of 10 percent of the Trust property in any given year for limited purposes set out in the Trust Agreement.

The trustees, as soon as possible after the effective date, shall have a one time distribution from the Trust Property to each surviving Elder (over the age of 60 years) of CLFN an equal share of the sum of $500,000.

Each member of CLFN will receive a one time cash distribution of $2,500. (Elders will also receive the $2,500.)

The Per Capita Distribution will not be considered income for either on or off reserve members for the purposes of calculating pensions, social assistance or disability benefits (AISH).

As part of the proposed settlement package an additional 5,000 acres (2023.50 hectares) of land will be provided by Canada to CLFN. Canada will set the land aside as a fourth reserve for the community. The new reserve, consisting of both surface and sub-surface rights, will be north of Cold Lake, south of the Range and border the Martineau River. The land is being provided to Canada by the Province of Alberta. Canada is assuming all the costs of establishing the reserve and such costs will not be deducted from the proposed settlement money. The establishment of the new reserve will not result in any decrease in current funding levels of the First Nation.

Another aspect of the settlement package are two Proposed Access Agreements with Alberta, Saskatchewan and Canada. Under these Proposed Access Agreements, CLFN members will be allowed access to the Range for cultural activities, elder=s visits, hunting, fishing, gathering and harvesting. Some commercial activities such as fishing and trapping may also occur. All CLFN activities in the Range , such as hunting, fishing and trapping, will be subject to Provincial laws. There also will be opportunities for selective logging in the Range for the purpose of log house construction on reserve.

The Proposed Access Agreements provide for the identification and protection of burial and other heritage sites. There are also provisions within the Proposed Access Agreements for the carrying out of archeological research and field work to identify heritage sites used by the ancestors of the Denesoun=lini.

DND has agreed to provide assistance to CLFN in relation to procurement contracts and employment within 4 Wing, Cold Lake=s control. This will give CLFN information on contracts that will be available in the future and assistance in preparing proposals for procuring contracts and employment.

CLFN will establish a Liaison Office to coordinate and manage access to the Range. DND , CLFN, Alberta and Saskatchewan will meet periodically, at least annually, to discuss activities within the Range conservation and protection of heritage sites.

As part of the Proposed Settlement Agreement, Canada requires that all eligible voters of CLFN vote on the Proposed Settlement by secret ballot. This vote is called the Ratification Vote. Eligible voters include any member of CLFN, 21 years of age or older on the voting day, Wednesday, December 12, 2001, residing either on reserve or off reserve.

Canada requires the Voter's List be prepared by the Indian and Northern Affairs Canada and that all eligible voters as shown on the Band List maintained by the department be entitled to vote. If you are an eligible voter and want to check to see if your name is on the Voter's List or to get your name on the list, please call Veronica Russell, Ratification Officer, Alberta Region, Indian and Northern Affairs Canada (INAC) at (780) 495-2131. Collect calls will be accepted.

The approval of the settlement package including the Proposed Settlement Agreement, the Proposed Primrose Lake Trust Agreement and the two Proposed Access Agreements shall be obtained if a majority, over 50 per cent, of eligible members vote and, in addition, a majority, over 50 per cent, of the votes cast are in favour of the Proposed Agreements. Should this occur, Chief and Council will have the authority to sign the Agreements.

Voting on the Proposed Settlement Agreement will take place on Wednesday, December 12, 2001. There is only one day set aside for voting and there will be no advanced voting by eligible members who may not be able to attend to a polling station. All members of CLFN who are eligible to vote living off reserve, at a known address, will receive a mail-in ballot. Members eligible to vote living on reserve who will be away on voting day, may request a mail-in ballot by calling Ms. Russell at the telephone number listed.

Voting will take place on Wednesday, December 12, 2001 at the following locations:

Denesoun'lini at the Band Administration Office, between 9 am and 8 pm; Foster Creek SAGD Site (Range), between 2 and 6 pm; and Edmonton, INAC Office, 6th Floor, Canada Place, 9700 Jasper Ave. between 9 am and 8 pm.

Since the start of negotiations in March1995, Chief and Council have been responsible for the negotiation of this proposed settlement. Former Chief Francis Scanie and Council negotiated from 1995 through 2000. The current negotiation team consists of Chief Joyce Metchewais, and Councillors, James Blackman, Roderick Charland, Cameron Janvier, Albertine Minoose, Aldina Piche and Dwayne Nest. They have been assisted by legal counsels, Brian Crane, Tony Mandamin and Wilma Jackknife, Bob Brown, a financial adviser, and Alex Janvier. The Chief and Council and the others on the negotiation committee encourage all eligible voters to participate in the upcoming Ratification Vote.

Information meetings for eligible voters of the Denesoun'lini on the Proposed Settlement Agreement, the Proposed Trust Agreement and the Proposed Access Agreements, will be held to discuss details and answer your questions. Please plan to attend. The dates for these meetings are as follows:

November 14, 2001 at the CLFN Band Administration Office at 10 am; and

November 15, 2001 at the Ramada Inn, 11834 Kingsway Ave in Edmonton at 6 pm.

To obtain a copy of the on the Proposed Denesoun=lini Settlement Agreement, the Proposed Trust Agreement and the Proposed Access Agreements or to obtain further information regarding the proposed settlement, please contact, Pamela Grandbois or Alex Janvier at (780)594-7183. To obtain further information on the Ratification Vote for the proposed settlement, please contact, Veronica Russell, Ratification officer, Alberta Region, Indian and Northern Affairs Canada at (780) 495-2131, collect calls will be accepted.