TFN has reached an agreement related to the settlement of the English Bluffs Specific Claim. This settlement agreement has to be approved by a community vote. The vote is being held under the Tsawwassen Community Vote Regulation – all eligible voters have been sent an information package with a mail-in ballot. In order to maintain physical distancing measures and protect the community, voting will be conducted by mail-in ballot only. All ballots must be received on or before August 11th, 2021.
What is the specific claim?
- Specific Claims are legal claims by First Nations against Canada related to historic breaches of the Indian Act or breaches of fiduciary duty relating to reserve land or other assets of a First Nation. The Specific Claims process is governed by the Specific Claims Tribunal Act and by the Specific Claims Policy and Process Guide. The process is an alternative to taking legal disputes through the usual court process.
- The English Bluffs Specific Claim relates to the sale of a portion of the Tsawwassen Reserve lands in 1957. TFN’s claim against Canada relates to its failure to act in Tsawwassen’s best interest in obtaining fair compensation for the land value at the time of sale.
What is the settlement?
- Canada has agreed to pay TFN compensation to resolve the claim, but the settlement agreement must be approved by a community vote to proceed.
What will happen with the Community Vote?
- For the vote to count, at least 10% of eligible Members must vote. A majority of the votes received must be in favour of the settlement.
- Ballots must be received by mail or by dropped off at the TFN Administrative Office on or before August 11th, 2021.
- If the community votes “Yes” in favour of the settlement agreement, the chief and Executive Council will sign the agreement and send it to the Federal Government. Canada will then sign the agreement and the money will be paid to TFN.
- If the community votes “No” to reject settlement agreement, TFN will have to seek alternative options to resolve the claim with Canada. This option may take a number of years and have an uncertain outcome.
Background information on the Specific Claim is included with the information package mailed out to all eligible voters. For more information about the details of the Settlement Agreement or to get a copy of the Agreement, or if you would like additional information regarding the voting process, please contact James Lascelle, Policy Analyst, by email jlascelle@tsawwassenfirstnation.com or by phone at (604) 868-5759.