Curve Lake First Nation was right to look to future needs

Curve Lake First Nation members scheduled to get nearly $50,000 each when the Williams Treaties settlement is fully paid out are understandably pleased.

The Curve Lake band council, which had hoped to hold 30 per cent of the band’s $164 million share of the settlement, isn’t feeling so good.

It’s a lesson in how a referendum can produce questionable results – in this case 100-per-cent gain for the individuals who voted and nothing for the collective community they live in.

The Williams Treaties settlement is unquestionably a collective issue.

The treaties were signed with seven First Nation bands in 1923.

Earlier this year a court ruled those treaties unlawfully stripped the bands of land and their legal rights to use it. The federal and provincial governments were ordered to pay $1.1 billion in compensation.

In the nearly 100 years those treaties were in force many generations were deprived of their rights. It would be fair if the settlement benefits many generations to come.

It is not yet clear how all the seven bands will handle the cash being paid out.

Curve Lake is the first to have come to a public decision.

Shortly after the settlement Curve Lake band council called a community vote. Perhaps to the council’s surprise, the majority voted to pay all the money to individual band members.

When the provincial share arrived council had second thoughts.

It informed band members they would get 70 per cent of the money and 30 per cent would stay with the community to fund future projects.

Faced with angry protests, the council almost immediately reversed course. Two weeks ago each band member got a cheque for $19,000 and can expect another $28,700 when the federal payout arrives in the spring.

In attempting to hold some of the cash for band purposes, the council referred to legal advice that it has a “fiduciary duty” to future generations.

The concept of fiduciary duty does carry legal weight. If that advice is correct, band members born 10 or 20 or 30 years from now could sue the council for failing to protect their interests.

At least one of the seven other band councils is exploring that situation before deciding how it will disperse money.

Legalities aside, there is a precedent at Curve Lake for a split decision, so to speak.

In 2012, Curve Lake was one of three area First Nations that shared a $71 million settlement as compensation for flooding of their lands during 19th century construction of the Trent-Severn Waterway.

Band members received $10,000 each.

Financial statements show the total payout was $38 million and most of the band’s share was invested.

Today the band holds about $28 million in investments, money available if and when the federal government finally comes through with its share of cash for a desperately needed water treatment plant. Other identified priorities include a seniors home and a community centre.

In 2010, Mississaugas of the New Credit members got $20,000 each from a $145 million land claim settlement; $108 million stayed with the band, much of it designated for specific projects and services.

That could still happen at Curve Lake. Ottawa’s $98 million share won’t arrive for months, which leaves plenty of time for the members and council to work out a collective sharing deal.