Some members of Mississauga First Nation are pressing leadership to hold a vote on the disbursement of Robinson Huron Treaty settlement funds on the heels of last week’s announcement that each member will receive a $125,000 payout.
A council meeting scheduled for July 31 was cancelled after police informed the First Nation that an individual had threatened to remove property and occupy the band office, which remained closed up until this week due to safety concerns.
While the meeting was cancelled, a peaceful protest over the disbursement of settlement funds for past compensation still went ahead outside of the shuttered band office.
Mike Chiblow was on the agenda for the council meeting, and went door-to-door beforehand to make people aware of plans by community members to bring “one voice, with one message,” to council: They want a vote on the disbursement of settlement funds.
“None of this was personal. We were not trying to remove them — all we wanted was our laws followed,” said Chiblow, adding that the threat made to police was unfounded. “There was never a reason to close the band office, or to cancel the meeting.”
Chiblow believes leadership is disregarding its own set of laws — known as the Misswezahging Constitution — by not bringing the settlement disbursement to a vote. According to Section 13 of the constitution, any decision made by Mississauga First Nation council to enter into significant agreements on behalf of citizens “must first obtain the approval of the citizens of Misswezahging through a community ratification process.”
“They totally disregarded the peoples’ input — and that’s all we want, is our democracy,” Chiblow said. “We did not vote in a dictatorship.”
Off-reserve band member Denise Lofstrom had been driving for about five hours from southern Ontario, with other band members in tow, in order to support Chiblow’s appearance before council when she learned the meeting was cancelled.
Lofstrom said there’s never been any dialogue between community members and leadership with respect to the disbursement of settlement dollars. She believes any decision regarding the settlement should’ve been made through “meaningful community engagement,” with the more than 1,500 registered members of Mississauga First Nation.
“Our constitution says you have to consult with the community, and they have to vote on it — and that’s not happening,” she said. “My take is that chief and council have made up their own minds about what they want to do around this whole settlement, and they are not interested at all in listening to community members.”
Lofstrom and other band members who have reached out to SooToday are also taking issue with a form issued by their First Nation for the release of $125,000 as "full and final compensation" to each member. It also bars members from launching any legal proceeding or claim against any of the parties involved in the settlement.
“You need to sign this, or you don’t get your money — and you waive all rights and any other future payments from this,” Lofstrom said.
Mississauga First Nation Chief Brent Niganobe told SooToday that council stands by its decision to shutter the band office due to the personal information of band members that is stored there.
“That specifically came from the police,” said Niganobe when asked about the threat. “Someone called the police and made that threat of taking property and taking over the building.”
When asked about the $125,000 payout for each band member, Niganobe said council made the decision on the disbursement together for the good of the community going forward. The chief declined to comment publicly when asked about band members' concerns with the release form.
Although Niganobe would not disclose the amount that will be held in trust for the First Nation, band members have informed SooToday that it’s $175 million in all. The chief added that leadership still wants input from membership on how funds from a community trust will be allocated.
“We have to think about the future, just as any government would,” said Niganobe. “I understand there are people who want 100 per cent of the money, however, if you read the agreement — and the Supreme Court’s decision — I think there’s some misunderstanding, that they didn’t know this was a collective agreement originally. It was the government that changed that.
“Collective means for the betterment of the community.”
Niganobe believes there’s also a growing misconception that money from the amount to be held in trust will somehow end up in “council’s hands.”
“We’re getting the same amount as everybody else,” he said.
The chief also refuted members' claims around a lack of communication and transparency by council, stating that several engagement sessions have been held both on and off reserve.
Hundreds of millions of dollars will flow into 21 First Nations in Robinson Huron Treaty territory Aug. 9 as part of a $10-billion settlement finalized with Canada and Ontario earlier this year. The settlement provides past compensation for a lack of increases to treaty annuities, which have remained frozen at $4 per person since 1875.
While band members who spoke with SooToday would not comment specifically on the forthcoming $125,000 per head payout in Mississauga First Nation, Chiblow wants leadership to consider using the First Nation’s constitution in order to bring the settlement disbursement to a vote by community members.
Niganobe declined to comment when asked if the First Nation's constitution should have been applicable.
“If they feel it doesn’t apply here, we’ll have to see where things go from there,” Chiblow said.
The rescheduled council meeting will take place Aug. 14.