CBC – The Federal Government continuing to rely on a Specific Claims process that according to Peter Di Gangi, a board member at the First Nations-led research centre Yellowhead Institute, is the federal government’s conflict of interest. “The claims are against the federal government. At the same time, it controls the negotiation process, controls the funding. It controls just about every aspect of the process,” said Di Gangi. “That has an impact on the ability of First Nations to feel that they have an opportunity to have their claims addressed in a fair and open manner.”

Kanesatake’s 301-year-old land dispute highlights flaws in Canada’s Specific Claims Policy. In places like Quebec, underlying Aboriginal title to the land also complicates situations when the federal government seeks a “release” to the claim when a settlement is reached. For some communities, it’s viewed as a form of extinguishment,” said Di Gangi. “If you have underlying Aboriginal title and are sitting at the table with the government to resolve a specific claim, why would you want to release your underlying title just to settle a reserve claim?” Kanesatake activist Ellen Gabriel “It’s a monetary compensation for their derogation to something they should have been doing all along. It doesn’t give us back our land; it doesn’t respect or recognize our rights and unceded lands,” said Gabriel.

Resolving the land dispute by sitting down with the People of the Longhouse, the traditional governance structure for the Iroquois Confederacy of Mohawk, Onondaga, Oneida, Tuscarora, Seneca and Cayuga nations. However, the policy allows only band councils to file a claim.