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FAQ

Click on the questions below to view the response.

What specific claim/litigation is being settled?


The LMG is negotiating with the federal government for the out-of-court settlement of Listuguj Mi’gmaq First Nation v. The Queen. This is a federal court case that was started in 2003 by Chief & Council. 

LMG is seeking compensation for breach of the Crown’s fiduciary duty with respect to five (5) areas of land in and around Listuguj. 

In this case, LMG is not negotiating issues related to Aboriginal Rights and Title or Treaty Rights.

The information can be found through this link.

http://www.listuguj.ca/specific-claims/


Which disputes regarding lands in and around Listuguj are included in the SCLSA? How much money did we get for each piece? 


The SCLSA (Specific Claims litigation Settlement Agreement) negotiations only deal with breach of fiduciary duty regarding five (5) areas in and around Listuguj. These five (5) areas are;

  • Mann-Fraser
  • Former Busteed estate
  • Mission lands
  • Highway 132 right of way
  • Interprovincial highway (bridge approach) right of way

A lump sum compensation of $64.5 million has been proposed by the Crown. Any offer for a proposed settlement agreement can only be accepted through a community wide ratification process. There are no individual amounts for each parcel of land, the compensation is for breach of fiduciary duty and is not real estate transactions.


Did we sell any land to the government of Canada? If so, why?


No.

The SCLSA of $64.5 million is a lump sum compensation for items including loss of use of lands, the current value plus interest and damages. It is NOT a compensation for the sale of those lands (it’s not a real estate transaction).



Has the LMG already received the SCLSA funds from the federal government? If so, where was the money spent? 

No. The negotiation process with the federal government is still ongoing and the proposal is subject to a community wide ratification process. Canada has not released any funds.

How will the money be spent once we receive it?


Once the agreement is ratified, the funds would be deposited into a Trust. The role of the Trustee (for example, Royal Trust) would be to safeguard the funds. This would include investments and disbursements of funds as per the Trust Agreement. The Trust Agreement must be approved and ratified by the community. 

Disbursements would include Per Capita Distributions (PCD’s) and the reimbursement of LMG expenses related to the CLSA. 

An example of an investment would be an income earning account in a financial institution.

How Much Has Been Spent on the Negotiation Process Including Past Salaries and Legal Costs?


As presented in the Band’s Financial Statement, the amount spent to March 31, 2012 on the negotiation process is $815,426. (Legal, and reports for land appraisals, economic loss of use, historical values, and other professionals, and related costs)

Only the actual out of pocket costs incurred by LMG up until the date of the Settlement would be deducted from the Settlement proceeds. No one is on a contingency arrangement; meaning no one would receive a percentage of the final Settlement amount. Normal billing rates are applied for our experts.


If we accept the SCLSA, does that mean Listuguj forfeits the right to re-negotiate these lands in the future?


In exchange for the $64.5 million, Listuguj would agree not to pursue claims against the Crown for breach of fiduciary duty regarding the five (5) areas in and around Listuguj.

  • Mann-Fraser
  • Former Busteed estate
  • Mission lands
  • Highway 132 right of way
  • Interprovincial highway (bridge approach) right of way

Listuguj would also agree that the private owners of any lands not added to the reserve will be left undisturbed.

It is important to note that Listuguj will not surrender or extinguish its Aboriginal Title, Aboriginal rights and Treaty rights over the above mentioned areas.

What is the difference between a referendum and a ratification?


Referendums change laws. Ratifications adopt proposed agreements.

How long will the agreement take to ratify? Please be as specific as possible


Once the Settlement Agreement and the Trust Agreement have been finalized it will take approximately 72 days to have a ratification vote.  The vote date is still To Be Determined.

What happens if we vote “No”?


If the community votes “No” in the ratification vote, the Settlement Agreement is considered null and void and compensation is no longer available.

The options would be re-start negotiations (Canada would no likely be willing to re-negotiate) or to take the case to court which is an expensive, lengthily and uncertain process.

Will there be a second vote for the Trust Agreement?


No. The ballot question will clearly indicate that if you vote “yes” you are agreeing to both the Settlement Agreement and the Trust Agreement.

The spirit and intent of the Listuguj Mi’gmaq Government (LMG) website is to share relevant and up-to-date information with you about Chief and Council, the LMG Directorates,  as well as the history of the Listuguj community.

As part of the design of this site, we are gathering common questions from visitors, which will form the FAQ portion for the site.

We encourage you to submit your questions.  With your feedback, the LMG website will continue to grow.

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