What is a Treaty Land Entitlement claim?

A Treaty Land Entitlement (TLE) claims are intended to compensate First Nations that did not receive all of the land that they were entitled to under treaties. The Matachewan First Nation is a party to Treaty # 9, signed in 1906.

Treaty # 9 (the James Bay Treaty) provided for reserves of one square mile of land (640 acres) for each family of five (128 acres per person). The Matachewan First Nation was granted a reserve of 16 square miles. The basis of the First Nation’s claim is that it did not receive all the land it was entitled to under the treaty.

Canada and Ontario agreed to negotiate the Matachewan First Nation’s TLE claim following historical, legal and policy reviews.

The negotiations

Discussions between the three parties began in September 2012. As a first step in the process, the negotiators for the three parties signed a Negotiation Protocol in January 2013 that sets out the process for ongoing negotiations.

As part of land claim negotiations, studies are generally done to help the parties determine the elements of settlement. Terms of Reference for these studies are typically jointly prepared by the parties. Independent experts are retained to complete the studies.

The Matachewan First Nation negotiations are proceeding well, but much work remains to be done before discussions on a proposed settlement can be concluded. This includes ongoing consultation with other First Nations and Indigenous communities who may be impacted by these negotiations. This also includes meeting with individuals, groups and members of the public whose interests may be affected.

Land-related claim settlements: A general overview

Land-related settlements in Ontario can involve both financial compensation and the transfer of provincial Crown lands to Canada to be set aside as reserve lands for a First Nation.

Canada and Ontario do not take away private property from third parties to settle land claims. Any private property land transaction is on a willing-seller/willing-buyer basis. Existing access to private property is protected under land claim settlements.

When land is being considered as part of a settlement, a provincially-led consultation process is conducted on the proposed Crown land to be transferred. These consultations are carried out in part to meet Ontario’s consultation requirements under the Ministry of Natural Resources and Forestry (MNRF) Class Environmental Assessment for MNRF Resource Stewardship and Facility Development Projects, as well as the Class Environmental Assessment for Provincial Parks and Conservation Reserves. In addition, to meet its consultation obligation under Section 35 of the Constitution Act, 1982 Ontario consults with other area Indigenous communities. The land transfer is also subject to the terms of the settlement that are negotiated and must meet the criteria of Canada’s Additions to Reserve (ATR) Policy.

Learn more about the federal duty to consult.

A number of steps must be completed before the land can be given reserve status. These steps include, for example, an environmental site assessment and, where lands are acquired on a willing-seller/ willing buyer basis with the proceeds from a settlement, First Nation-led consultation with municipal and provincial governments.

Consultation and the selection of Crown lands

The process through which a First Nation selects provincial Crown lands for potential inclusion in a proposed settlement is described below.

Stage 1: The First Nation identifies general “areas of interest” where it may wish to acquire some provincial Crown land as part of a settlement. Research is done on current use of lands and third party interests within those general areas.

Stage 2: The negotiators select specific parcels of provincial Crown land, typically within these broader “areas of interest.” These specific Crown land parcels (called “candidate lands”) are then considered for potential inclusion in a settlement.

Stage 3: Negotiators agree on the exact parcels of provincial Crown land that will be included in a proposed settlement. In other words, negotiators determine the proposed settlement lands.

Consultation with the Matachewan First Nation members, and other First Nations and Indigenous communities, is undertaken at each stage of this process. Feedback from this consultation and from meetings with third party interests and the public is considered as negotiators work to reach a consensus on the land component of a settlement proposal.

More information about the consultation process can be obtained by contacting Ontario using the information below.

Toward a final settlement

Following consultations and the work on financial compensation, negotiators conclude their talks on a settlement proposal. Negotiators then complete their work on the legal text of a draft Settlement Agreement.

First Nation members then have the opportunity to say “yes” or “no” to the proposed settlement in a community ratification vote. Following approval by the First Nation, the next steps in the process are approval of the settlement by Ontario and Canada. The settlement is not final until it is signed by all parties.

The benefits of settling claims

Negotiated settlement agreements are one of many steps toward achieving healing and reconciliation with Indigenous peoples. These agreements resolve longstanding disputes about land in a balanced way that respects the rights of Indigenous peoples and all Canadians. Settlements reflect the parties’ commitment to work in partnership and create a better future for everyone.

The goal of negotiated settlements is to provide First Nations with fair compensation to right past wrongs and honour outstanding obligations. They also bring economic benefits and certainty to First Nations and neighbouring communities, creating economic opportunities and potential new business partnerships in the region.

Matachewan First Nation

The Matachewan First Nation is located north of the Township of Matachewan, about 60 kilometres west of Kirkland Lake, and about 150 km south of Timmins. See a map of the Matachewan First Nation candidate lands.

Contact information

For more information, please contact:

Ontario Ministry of Indigenous Relations and Reconciliation
Alison McLaren, (705) 755-3316
Media Calls - Flavia Mussio, (416) 326-1853

Indigenous and Northern Affairs Canada
David Snowdon, (819) 953-4622
Media Calls (819) 953-1160

Matachewan First Nation
Jean Lemieux, (705) 266-4973

The information collected through this process will help in the project screening conducted under the Class Environmental Assessment for Ministry of Natural Resources and Forestry (MNRF) Resource Stewardship and Facility Development Projects and the Class Environmental Assessment for Provincial Parks and Conservation Reserves to assign a category to the project and for future evaluation.

If it is decided that the process is a Category B or C project, this notice will serve as the first of two public notices. The second notice, a Notice of Completion, will be provided to parties who have provided input or requested further notice. The project may also proceed to implementation without issuing a further general notice if no concerns were raised or if the concerns were resolved.

Comments and personal information concerning the claim and proposed disposition of Crown land are collected by the Ministry Indigenous Relations and Reconciliation (MIRR) to assist with decision making and to allow for follow-up with individuals as required. This activity occurs under MIRR’s mandate to resolve land claims and is in compliance with the requirements of the Environmental Assessment Act. MIRR will provide MNRF with copies of comments received. Comments not constituting personal information as defined by the Freedom of Information and Protection of Privacy Act, will be shared with others as appropriate, and may be included in documentation available for public review. Personal information will only be used/ disclosed in accordance with the Freedom of Information and Protection of Privacy Act. If you have questions regarding the collection, use, or disclosure of your personal information please contact Alison McLaren (contact information above).