Specific Claims Tribunal wraps up following a three-day hearing

Posted on by heathersthomson

A three-day hearing of the Specific Claims Tribunal wrapped up on Thursday in Anacla.

The hearing was concerning a claim from Huu-ay-aht First Nations regarding the value of the compensation Canada owes Huu-ay-aht as a result of the way timber on former Numukamis IR1 that was sold to MacMillan Bloedel in the 1940s. The first phase of this hearing occurred in Anacla in November 2013 and a decision in 2014 found the Crown had breached its duties to HFN. The Crown and Huu-ay-aht’s counsel presented their final arguments in the second phase of the hearing before Justice Whalen on April 19, 20, and 21.

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The Specific Claims Tribunal is a judicial body, like a court, that hears claims by First Nations against Canada regarding past wrongs, when no resolution to the claim has been reached through negotiations.

The HFN IR1 Timber Claim relates to logging that took place on IR1 between 1948 and 1969. In 2014, the Tribunal found that Canada had breached its fiduciary obligations in relation to the way the timber was sold. As a result, Canada owes Huu-ay-aht approximately $280,000 in 1940s/50s dollars (less the money received for the timber by Huu-ay-aht). This hearing deals with the present day value of the compensation owed to Huu-ay-aht.

The discussion over the three days focused on the difference between how the two sides calculated the compensation. The Crown argued that Canada owes Huu-ay-aht approximately $2.9 million. Huu-ay-aht’s counsel argued that the Nation is entitled to approximately $14.5 million.

The major difference between these two numbers is the value of compensation for the money Huu-ay-aht would have spent if it had received it. Initially, Canada argued that HFN should receive no compensation for the money it would have spent. Huu-ay-aht’s counsel argued that this is wrong at law – not only did the money owed to the Nation in 1948 need to be returned to Huu-ay-aht in 2016 dollars, but the loss that resulted from the inability to spend and obtain benefits for the money needed to be compensated for. On the second day of the hearing, Canada conceded that Huu-ay-aht should receive some compensation for the money that would have been spent, but the parties remained far apart in terms of what compensation is appropriate.

Huu-ay-aht’s counsel also pointed out flaws in the Canada’s expert opinion, arguing that it did not reflect how Huu-ay-aht’s historical spending patterns would likely have changed if they had received the money. They also drew attention to the fact that Canada held control over First Nations spending under the Indian Act and that the economic model used by Canada hurt poor First Nations and helped rich ones.

From these facts, Huu-ay-aht’s counsel concluded that Canada must take into consideration the impact not having the funds had on the poor Nations. This must include the long-term benefits that Huu-ay-aht would have received if they had the monies that were owed to them starting in 1948. Counsel indicated that consumption must be considered, along with the losses Huu-ay-aht suffered in investment and savings opportunities. As a result, Huu-ay-aht should be awarded $14.5 million.

Huu-ay-aht’s counsel concluded that Canada took advantage of a poor First Nations community when it accepted such a low payment for the timber rights to their land, and that wrong should be reversed fairly and equitably. They pointed out that Canada is trying to minimize the funds Huu-ay-aht would have received, and therefore continue to penalize a poor community.

At the conclusion of the hearing, Justice Whalen thanked both sides for their presentations and pointed out that he was impressed with how well they knew their cases. He said the decision before him would be a difficult one, and one he was not willing to rush.

Justice Whalen thanked Huu-ay-aht for allowing them on their traditional territory and for the warm welcome and generous accommodations. He said Huu-ay-ahts do indeed live in an extraordinary place. He expressed his confidence in the future that Huu-ay-aht is building and predicted exciting times ahead for the Nation. He wished the Nation the best of good fortunes.

The hearing was wrapped up by a blessing from Wišqii on behalf of Tayii Ḥaw̓ił ƛiišin. He thanked everyone present for their hard work, and stressed that Huu-ay-aht is rooted to its land and will never leave, therefore the decision before Justice Whalen is an important one for his Nation.

Canada ordered to pay Huu-ay-aht more than $1.5 million in damages

Posted on by heathersthomson

The Specific Claims Tribunal, established in 2008, has issued its first award of compensation. On February 10, 2016, the Tribunal ordered that Canada pay Huu-ay-aht First Nations more than $1.5 million for damages flowing from Canada’s breaches of duty relating to an unlawful timber licence issued by Canada in 1948.

The Tribunal is a judicial body, like a court, that hears claims by First Nations against Canada regarding past wrongs, when no resolution to the claim has been reached through negotiations.

Huu-ay-aht filed a claim about logging that took place on former Numukamis IR1 between 1948 and 1969. In 2014, the Tribunal found that Canada had breached its fiduciary obligations in relation to the way the timber was sold.

Justice Whalen found that the timber company should not have been allowed to the harvest timber from IR1 over many decades. By allowing this unlawful and prolonged harvest the value of IR 1 was significantly reduced because regeneration of the timber was delayed and uneven. The Tribunal found compensation was owed to Huu-ay-aht for this
damage, but that it had to be brought forward to 2016 value.

As Chief Robert J. Dennis Sr. said, “This is an important case because the Tribunal ruled that compensation is owed for logging, allowed by the Crown that was not in the best interests of
Huu-ay-aht.”

Based on expert opinions, the Tribunal found that the present day value of compensation owed for damages caused by the prolonged logging of IR1 was more than $1.5 million in 2016. This is the first award issued by the Tribunal to a First Nation.

“It is rewarding, after so many years, to have the Tribunal settle on a partial payment amount,” Chief Dennis explained. “This is the first ruling for the tribunal, and hopefully it shows that the system works.”

Other aspects of Huu-ay-aht’s claim remain outstanding. More legal submissions will occur in Anacla at the Huu-ay-aht government office April 19 to 21, 2016. Following these submissions, the Tribunal will rule on the present day value of the compensation owed to Huu-ay-aht for the remainder of the claim.

Chief Dennis said he is thankful for all of the chiefs that kept this issue going through the decades, including Louie Nookemus, Jack Peter, Arthur Peter, Spencer Peter and Jeff Cook. He said it was rewarding to work with this team, and he is glad their hard work has paid off.

Come show your support at tribunal in Vancouver

Posted on by heathersthomson

It is time for Huu-ay-aht Citizens and members of the public to rally together by attending the Specific Claims Tribunal of the Huu-ay-aht First Nations next week.

The tribunal is regarding the value of the compensation Canada owes Huu-ay-aht as a result of the way timber on the former Numukamis IR1 was sold to MacMillian Bloedel in the 1940s. The first phase of the hearing occurred in Anacla in November 2013. More legal submissions will occur in Anacla at the Huu-ay-aht government office on April 19 to 21, 2016.

Next week, February 8 to 12, the tribunal will be held at the Canadian Industrial Relations Board, 300 West Georgia Street, Suite 501, in Vancouver. On Monday, it will run from 9:30 a.m. to 4 p.m. Tuesday to Friday, it will begin at 10 a.m. and run until 4 p.m. Huu-ay-aht citizens are encouraged to show their support.

On Monday, February 8, Huu-ay-aht experts will hit the stand. Elected Chief Robert J. Dennis Sr. will speak on Tuesday, February 9. Following that, it is time for the other side to take the stand. The Specific Claims Tribunal is a judicial body, like a court, that hears claims by First Nations against Canada regarding past wrongs.

For more information on this tribunal, see attached document (Tribunal hearing on timber claim). Once you are familiar with the case, come to the Canadian Industrial Relations Board next week to show your support.

Many motions on the table for Saturday’s People’s Assembly

Posted on by heathersthomson

On Saturday, November 20, Huu-ay-aht Citizens will be voting on a number of important motions at their Annual People’s Assembly.

This year the motions to be addressed are as follows:

Therefore be it resolved that the People’s Assembly hereby adds “60th Birthday Gifts to Citizens” (the “proposed motion”) to the agenda.

Therefore be it resolved that the People’s Assembly hereby adds “Funeral Expenses” (the “proposed motion”) to the agenda.

Therefore be it resolved that the People’s Assembly hereby adds “Pumping and Maintenance of Residential Septic Tanks” (the “proposed motion”) to the agenda.

Therefore be it resolved to adopt the proposed Agenda as amended.

Therefore be it resolved to appoint Meyers Norris Penny as auditor for Huu-ay-aht First Nations for the period April 1, 2014 to March 31, 2015 and further to recommend that Executive Council ensure that any remaining steps to complete the appointment of Meyers Norris Penny are completed by Friday, December 19, 2014.

Be it resolved to appoint _(name to be announced) ___________ as a member of the Huu-ay-aht Tribunal as provided for in Section 3 (2)(d) of the Tribunal Act, and further to recommend that the Executive Council ensure that any remaining steps to complete the appointment of __(name to be announced)________ are completed by December 19, 2014.

Be it resolved that the People’s Assembly hereby:

  1. Supports proceeding with the Proposed Project if the Conditions are met;
  2. Approves, in accordance with section 27 of the Land Act, a disposition of the Sarita Lands, or a portion of them, for the purpose of the Proposed Project.

Amendments to the Code of Conduct and Conflict of Interest Act and Land Act

Be it resolved that the People’s Assembly hereby approves the consequential amendments to the Code of Conduct and Conflict of Interest Act and the Land Act set out in section 48 and 55 of the Economic Development Act.

Government Act Amendment Act, 2014

Be it resolved that the People’s Assembly hereby approves the Government Act Amendment Act, 2014.

Amendment Relating to the Implementation of an Enforcement Framework

Be it resolved that the People’s Assembly hereby approves the amendments set out in the draft Enforcement Framework Amendment Act, 2015.

For more information on the motions, visit http://huuayaht.org/?page_id=4353.