Lac Seul First Nation, Treaty 3 Territory, Ontario - Crown-Indigenous Relations and Northern Affairs Canada and Lac Seul First Nation
On March 28, 2024, Lac Seul First Nation concluded a historic settlement agreement with the Government of Canada regarding the First Nation's flooding claim.
For over 30 years, Lac Seul engaged in negotiations and litigation against Canada to seek redress for the breach of fiduciary duty by the federal government that resulted in the flooding of 11,304 acres of reserve lands beginning in 1930 without Lac Seul's consent, lawful authorization, or the payment of compensation.
The settlement agreement comes after Lac Seul's 2021 landmark victory in the Supreme Court of Canada in Southwind v. Canada, 2021 SCC 28. The Court concluded that Canada breached its obligation to preserve and protect Lac Seul's interest in the reserve, which included an obligation to negotiate compensation for Lac Seul, given the value of Lac Seul's reserve land to the hydroelectricity project.
Honouring Canada's legal obligations and properly compensating Lac Seul First Nation for unlawful conduct is a fundamental part of advancing reconciliation in Canada and rebuilding trust with the community.
Lac Seul's membership ratified the settlement agreement in a community vote on March 3, 2024, after which the Chief and Council and Canada's Minister of Crown-Indigenous Relations signed the settlement agreement. Under this settlement, Lac Seul will receive total compensation of $234 million for Canada's breach. The flooded lands will remain part of Lac Seul's reserve.
As we embark on a new era guided by the United Nations Declaration on the Rights of Indigenous Peoples Act, honouring and implementing treaty obligations and properly compensating Lac Seul First Nation for damage to their lands is a fundamental part of advancing reconciliation in Canada and rebuilding trust with Indigenous communities.
