5. Treaty Land Entitlement: Where Are We Now?

This is the last a series of five articles on Treaty Land Entitlement (TLE) in Saskatchewan.

The most obvious, immediate outcome of TLE in Saskatchewan is the settlement of land entitlement from the Treaties. This is an honouring of the trust relationship embodied in the Treaties of the 1870's. It must be stressed that the equity formula is an avenue for the purchase of land for entitlement, not a "buy-out" of entitlement.

Although the equity formula recommendation did not provide for 128 acres for every Indian person born in the province in perpetuity, it addresses the intent of the Treaties, to provide a land base for agricultural and other economic development. Careful land selection can lead to other economic potentials, such as oil and mineral development, which will allow First Nations people to build the economic and political self-sufficiency intended by the Treaty makers.

Under the terms of the agreements, entitlement First Nations will receive approximately $539 million over 12 years to buy just over 2 million acres of land to add to their reserves. The provincial contribution to the costs of TLE will be between 30 - 49%, depending on the savings generated for the province in the north when communities are transferred to reserve.

Other clauses in the TLE agreements address difficulties associated with a loss of the tax base as a result of Treaty land entitlement. Under the agreement, RM's and school divisions receive a lump sum payment to compensate for the loss to their tax base that occurs when new reserves are created.

This arrangement is favoured by the Saskatchewan Association of Rural Municipalities, who have been lobbying the federal government to provide the same level of tax loss compensation when negotiating specific claims (these are claims in which the Province is not involved).

While the cost of settling land entitlements may seem high to some, this cost must be put in a historical context. If one were to place a value on all the land ceded by First Nations in the 1870's (over 234 million acres) including the revenue generated by this land over the last century, the economic benefit to the people of the province is enormous. Using the recommended average dollar value per acre of $262.18 multiplied by 234 million acres equals a current market value of over $61 billion. An entitlement of two million acres is minor on this scale, and First Nation's point out that they have paid their bills, so to speak, by surrendering this land in the first place.

The other factor that must be considered in the price of TLE, is the continued cost of social support programs. The long-term costs of maintaining people without jobs will soon far outweigh the investment for entitlement needed now. In the 1995-96 fiscal year the Department of Indian Affairs spent over $119 million for social development on Saskatchewan reserves. This does not account for provincial assistance to off-reserve Indians. It takes only a few years at this rate to spend the kind of money that will be invested in land entitlement. Economic investment now can offset social support later.

As of August 31, 1999, 287,280 acres in rural Saskatchewan and just under ½ an acre in Fort Qu'Appelle have achieved reserve status through the TLE process.

In the southern part of the Province TLE has proceeded at a rapid pace. This is because in the south the willing seller - willing buyer arrangement between private landowners and First Nations has almost always resulted in a smooth transfer of land. In northern Saskatchewan, and particularly in the northwestern part of the Province, much of the land is Crown-owned with occupant interests such as oil, gas and forestry. This has made the TLE process more challenging.

While status Indians presently comprise around 9% of the people of Saskatchewan, reserve land comprised only about 1% of the provincial land base before the TLE process. Upon completion of the TLE, reserve land will account for just over 2% of the land base.

If the land entitlement process is to result in economic development, Indian peoples will need the support, not the antagonism of their non-Aboriginal neighbours. In fact, farmers have found a new market for their land. Businesses have found new partners for joint ventures. All of us are gaining new perspectives on culture and history.

And, finally, one of the most valuable outcomes of entitlement is the potential to bridge the gap of distrust and dishonour, which has come to characterize the relationship between Aboriginal and non-Aboriginal people in Saskatchewan. TLE is a chance to establish a situation of mutually beneficial co-existence envisioned by our Treaty makers.

This was the last of five articles based on a series developed by the Office of the Treaty Commissioner in 1991.