The Lax Kw’alaams Band has filed a claim in federal court against Canada, seeking redress for fiduciary breaches tied to the sale of reserve lands to the Grand Trunk Railway Company in the late 19th and early 20th centuries. The Band is asking the court to rescind a 2002 settlement agreement with Canada, arguing that the government failed to disclose historical breaches at the time of the agreement. They are also seeking equitable compensation for the loss of land use and interest.
In 2002, Lax Kw’alaams received $17 million as part of the settlement, far less than the $150 million the Metlakatla First Nation recently received in a similar claim, which stemmed from the same fiduciary breaches. Lax Kw’alaams believes that their settlement was reached under conditions of unequal bargaining power and with incomplete information.
Mayor Garry Reece emphasized that this legal action is not just about financial compensation but about ensuring fairness, transparency, and reconciliation. He stated, “We are asking the Court to make these wrongs right, in keeping with Canada’s commitment to reconciliation and the United Nations Declaration on the Rights of Indigenous Peoples.”
The Band is pursuing this claim in the spirit of reconciliation, with hopes of engaging in dialogue with Canada for a fair resolution.
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