QUESTIONS OF CONSENT AND CONFLICT: LAWYERS'BONUS CLAIMS IN FIRST NATIONS LAND SETTLEMENTS
- John Hawke
- 4 days ago
- 4 min read
By Johnny Hawke
Allan Pratt and Ian Johnson, Lead Negotiators and Lawyer for Beausoleil First Nation, Chippewas of Rama and Georgina Island sued these First Nations for a 13 Million Dollar Bonus in 2012 regarding their successful negotiations with Canada and Ontario regarding the Coldwater Narrows Experiment "Claim."
The "Take it or Leave it" Settlement Agreement was encouraged by these Lawyers and is becoming the "norm", a practice in Land Settlement Issues with Indigenous Nations and their lawyers. Lawyers pledge allegiance to the BAR, who are in conflict of interest to Indigenous Nationals and Indigenous Law, and Jurisprudence.
The word lawyer is from the late 16th Century combining the latin words “lar/ lares” which means “customary law” and “iuro/iurare” which means to “take an oath” or “to conspire”meaning “one who has sworn an oath to customary law.”The Private BAR Guilds since the middle ages have been using merchant principles to commercialize the law and personally profit from crime; This means that the current justice system is innately compromised as everything is in favour to benefit these Private BAR Guilds;
Therefore no lawyer can’t be counsel without deliberately injuring the law and perverting the course of Justice.
The Coldwater Narrows Experiment was established in the 1830’s by the Lieutenant Governor of Upper Canada, Sir John Colborne, in an attempt to create a self-sustaining farming community for the Chippewas of lakes Huron and Simcoe. The first attempt of the Reserve system in so called Canada.
Between 1830 and the 1832 the three Chippewa First Nations settled on the reserve. Two of the First Nations under Chief Yellowhead and Snake settled at Coldwater near Lake Huron. The reserve was approximately 10,000 acres in size and ran in a narrow strip of land, approximately 14 miles long by 1.5 miles wide, along an old portage route between Lake Simcoe and Matchedash Bay on Lake Huron.
Over the next six years the First Nations constructed a road which ultimately came to be Ontario Highway No.12. The community cleared the land and prospered as farmers. They built schools, houses, barns and mills.
The Chippewas of Coldwater Narrows lobbied for six years in an attempt to secure title deeds and self management of their lands. Although they were not successful in obtaining deeds, arrangements were made in 1836 to transfer management of their reserve and ownership of the property.
During the same period the Coldwater Narrows Reserve was allegedly surrendered by the Chippewas for sale by the Crown to non Aboriginal settlers. A surrender document was signed in Toronto on November 26, 1836 when Chiefs were tricked into signing the document they thought was for Land Title and Self Government.
In May 2011 the Government of Canada, the Chippewas of Rama , the Chippewas of Georgina Island , the Beausoleil First Nation and the Chippewas of Nawash announced they have reached a major milestone in talks to resolve the outstanding specific claim in south-central Ontario.
The tabled a settlement offer and the four First Nations have agreed to take the offer to their members for a vote. The settlement included approximately $307 million in financial compensation to resolve the claim.
The First Nations also have to right to purchase 10,000 acres on a willing seller, willing buyer basis. The fourth First Nation was added as a beneficiary when Canada researched that a small number of people left Coldwater and amalgamated into the Nawash Band located near Wiarton Ontario.
The Coldwater-Narrows specific claim was originally submitted by the CTC on November 4, 1991. After this submission was rejected by Canada, the CTC asked the Indian Claims Commission (ICC)* to hold an inquiry. The ICC has been facilitating discussions between the parties since that time.
Subsequently, the CTC revised its allegations, additional historical research was undertaken, and Canada conducted a review of the revised submission and new evidence. Canada accepted the CTC’s claim for negotiation under the Specific Claims Policy on July 23, 2002. Consultants have been working on this for 30 years.
During these negotiations through this time, Alan Prat and Ian Johnson claim they had a "bonus" agreement of 6 Million and 7 Million each on top of their paid retainer fee's. This was agreed with First Nations Chiefs and Council at the time as they claim and without the agreement of the People.
This payment happened without members knowledge and were paid off. This circumstance has happened with the recent Robinson Huron Treaty annuity Settlement where a Federal Judge made ordered for the Lawyers to pay their bonus back.
David Nahwegabow, the Founding Partner of the Law Firm, Nahwegabow-Corbiere. Right: Dianne Corbiere is the Managing Partner of the Firm. The Firm represented the 21 Indian Act Bands in the Robinson Huron Treaty annuities case, which resulted in a $10 billion settlement.
The legal team from Nahwegahbow Corbiere claimed $510 million in fees under a partial contingency agreement. Under their agreement, they billed at 50% of normal hourly rates, plus a contingent success fee (15% on first $100 M, 5% above) with no cap. At least two Bands filed court applications asking the court to review and reduce the $510 M fee.
Ontario Superior Court Justice Fred Myers ruled that the $510 M was unreasonable. The judge ordered Nahwegahbow Corbiere to refund $232 million of what they’d been paid to the Robinson‑Huron Treaty Litigation Fund. He awarded a revised total of about $40 million to the legal team. On behalf of their clients, Nahwegahbow Corbiere, Brian Gover of Stockwoods Barristers said an appeal was being contemplated, calling the judges decision ‘offensive’ and ‘paternalistic’.
Why are we paying these Scum to use our own monies that Canada with holds to make agreements that extinguish our title to our traditional territories. These People are IN CONFLICT OF INTEREST.
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