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

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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 - PowerPoint PPT Presentation

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Settlement AgreementPresentation:

Review, Discussion & Update

Listuguj , QuebecJanuary 2014

Settlement Agreement Review

Settlement Agreement: What the agreement IS about…

• Compensation for Breach of Fiduciary DutyFiduciary 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.

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)

MAPS

Settlement Agreement ReviewSettlement Agreement: What the agreement

IS NOTabout…• The sale of landSettlement Agreement: What the agreement

DOES NOT affect• Aboriginal Title• Aboriginal Rights• Treaty Rights

Settlement Agreement ReviewNegotiations are a “Give & Take”…What would we gain?•Compensation amount of $64.5 millionWhat 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)

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.

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

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?

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?

Trust AccountCorporate

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)

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.

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.

Contact Us

Your feedback is important to us!!! Please send your questions, comments and

concerns to our Communications Officer Mike Isaac at misaac@listuguj.ca

Additional information regarding the Settlement Agreement can be found at

www.listuguj.ca

Thank you for sharing your time with us.-

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