settlement agreement presentation: review, discussion & update listuguj, quebec january 2014

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Settlement Agreement Presentation: Review, Discussion & Update Listuguj , Quebec January 2014

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Page 1: Settlement Agreement Presentation: Review, Discussion & Update Listuguj, Quebec January 2014

Settlement AgreementPresentation:

Review, Discussion & Update

Listuguj , QuebecJanuary 2014

Page 2: Settlement Agreement Presentation: Review, Discussion & Update Listuguj, Quebec January 2014

Settlement Agreement Review

Settlement Agreement: What the agreement

IS about…

• Compensation for Breach of Fiduciary Duty

Fiduciary Duty: A legal obligation of one party to act in the best interest of another.

Breach: An act of breaking or failing to observe a law, agreement, or code of conduct.

Page 3: Settlement Agreement Presentation: Review, Discussion & Update Listuguj, Quebec January 2014

Settlement Agreement Review

Settlement Agreement: What the agreement

IS about…

• Compensation is for Loss of Use for five

parcels of land;•Mann-Fraser•Former Busteeds•Mission lands•Highway 132 right-of-way• Interprovincial Highway (bridge approach)

Page 4: Settlement Agreement Presentation: Review, Discussion & Update Listuguj, Quebec January 2014

MAPS

Page 5: Settlement Agreement Presentation: Review, Discussion & Update Listuguj, Quebec January 2014

Settlement Agreement Review

Settlement Agreement: What the agreement IS NOT

about…

• The sale of land

Settlement Agreement: What the agreement DOES NOT affect

• Aboriginal Title• Aboriginal Rights• Treaty Rights

Page 6: Settlement Agreement Presentation: Review, Discussion & Update Listuguj, Quebec January 2014

Settlement Agreement Review

Negotiations are a “Give & Take”…

What would we gain?•Compensation amount of $64.5 million

What would we agree to in return?•We could not sue Canada again for Breach of Fiduciary Duty regarding the same 5 parcels of land.•Cross Point (Mann-Fraser Estate) will continue to exercise their existing interest in the land (i,e. They are not re-locating)

Page 7: Settlement Agreement Presentation: Review, Discussion & Update Listuguj, Quebec January 2014

Settlement Agreement Review

• Canada has agreed that the exercise of Aboriginal Rights, Aboriginal Title and Treaty Rights of Listuguj are unaffected.

• Any disputes about Aboriginal Rights, Aboriginal Title and Treaty Rights in Cross Point (as the same anywhere else) are left to be negotiated or litigated at a later date.

Page 8: Settlement Agreement Presentation: Review, Discussion & Update Listuguj, Quebec January 2014

Community Concerns & Misconceptions

Common Misconceptions

• We are selling the land – FALSE

• By accepting this agreement, we will forfeit our Aboriginal rights – FALSE

• We can get more money if we re-open negotiations with Canada before a vote- FALSE

Page 9: Settlement Agreement Presentation: Review, Discussion & Update Listuguj, Quebec January 2014

Trust Agreement & Trust Fund

•To safeguard the settlement compensation and to ensure that the settlement benefits both the current & future generations

Why have a Trust Agreement & Trust Fund?

Page 10: Settlement Agreement Presentation: Review, Discussion & Update Listuguj, Quebec January 2014

Trust Agreement & Trust Fund

•Trust Agreement – with specific details•Corporate Trustee & 4 Member Trustees•Statement of Investments Policies & Guidelines•Ongoing & annual reporting = increased accountability

How is a Trust Fund protected?

Page 11: Settlement Agreement Presentation: Review, Discussion & Update Listuguj, Quebec January 2014

Trust Account

Corporate Trustee

Trust Capital ($)Preservation for future

generations• Grows with inflation for benefit of future

generations• Income distributed to First Nation

annuallyFirst Nation AccountCash flow & flexibility for

today• Under control of First Nation with

accountability to the community

Independent

Investment

Manager(s)

Page 12: Settlement Agreement Presentation: Review, Discussion & Update Listuguj, Quebec January 2014

Community Questions & Concerns

Discussion Groups• What have you been hearing within the

community regarding the Settlement Agreement?

• What concerns have you been hearing within the community regarding the idea of a Trust Agreement?

Your input & feedback is very important to us!

Please, submit your feedback to us on-line.

Page 13: Settlement Agreement Presentation: Review, Discussion & Update Listuguj, Quebec January 2014

Update on Settlement Agreement

Where are we in this process?

• Aiming for a vote date of March 22, 2014.• Official Ratification Notice planned for

publication on February 15, 2014.

Page 14: Settlement Agreement Presentation: Review, Discussion & Update Listuguj, Quebec January 2014

Contact Us

Your feedback is important to us!!!

Please send your questions, comments and concerns to our Communications Officer

Mike Isaac at [email protected]

Additional information regarding the Settlement Agreement can be found at

www.listuguj.ca

Thank you for sharing your time with us.-