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Simeon Mitropolitski is a Canadian analyst, of Bulgarian origin, and a former syndicated columnist with the Bulgarian News Agency (BTA). He is the author of several hundred articles dealing with hot political and economic topics, both national and international.
He was part of the first group of Bulgarian intellectuals and students that began the opposition movement that finally put an end to the communist regime in this country in 1989, and in 1996-1997 participated in international observation teams during the elections in several Balkan countries - Romania, Albania and Bulgaria.
In 2002 Simeon and his family moved from Bulgaria to Canada where they live now in Montreal, province of Quebec. Simeon is a Master of Political Science from McGill University and a B.A. of Political Science and History.
Global Real Estate Project
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Canada: Restitution after many centuries?A specific case in Quebec, Canada, revived long-time sleeping issue of some Indian lands that ask to be restituted after several centuries of judicial mess and European colonial powers' abuse. This case is especially intriguing because the land under question is already under residential and commercial development. The final solution seems uncertain and this issue will for sure be revisited when the dust settles.
History of the problemIn 1650, more than 350 years ago, a group of several hundreds Indians, Hurons, settle around the French settlement of Quebec, today Quebec City. Local French authorities give Hurons approximately 40 sq. mi of land, a deal that is confirmed by the French crown in 1658. Local Jesuits effectively become Indian 'tutors'. 50 years later Jesuits take full control over this territory and start distributing some parcels to French colonists. In 1763 French American territories, so-called New France, are ceded to Britain. Hurons want restitutions of their lands but without success; British crown takes legal possession of these lands after the death of last local Jesuit in 1800. During the first half of 19th c. Hurons ask several times for land restitution. The documents they present mysteriously disappear when fire destroys colonial parliament in Montreal in 1849. In 1999 Canadian federal government partly acknowledges the claim promising to restitute 5% of the territory within 20 years. In 2006 some of the documents mysteriously lost in 1849 reappear. Indians Huron living in Quebec start again a public campaign for some form of land restitution.
Lawful owner vs. good faith ownerThe main problem coming from this case for practical reasons is that the land under question is already partly developed for residential and commercial use by social groups other then local Indians Huron. This process actually started far ago under French regime when Jesuits gave some parcels to French colonists. Today this claimed land occupies part of the territory of larger Quebec City, or the former municipalities of Sainte-Foy, Sillery, Loretteville et Vanier. On the one hand, there are claimants asking to be restituted as lawful owners; on the other hand, there are other owners completely lawful under the laws, which have always acted in good faith. Even if the Indian claims are perfectly legitimate, after so many generations the heirs of the first French colonists living there are everything else but squatters. It's the state, first under French regime, later under British crown that made the first capital mistake, taking this land away from its lawful owners without compensation. A state that gives and then takes back real property may act under 'imminent domain' clause or whatever it's called in different legal systems, but, first, there should be some compensation, and, second, such state will always pay high price against its credibility.
Possible solutions?Indians Huron actually understand that asking for full restitution of parts of larger Quebec City won't be that easy after all, so they've focused on claiming restitution in kind but not exactly the same land that existed under 1651 agreement. This may sound fine for heirs of former French settlers, but in fact this solution shifts direction of the problem but not eliminate it completely. New lands restitution, and Indians want land not money for quite understandable reasons, will involve both federal and provincial government consensus. These two braches of government however aren't usually very reconciliatory on most issues. Last but not leas, restitution of any kind and shape should involve Indians Huron, and already some Quebec historians advance thesis that current Indians Huron in the province are in fact metis, meaning they represent mixed ancestry between European and Indians. If this is really the case then, as these historians say, today's Hurons aren't legal heirs to 18th c. Hurons, and thus aren't legal heirs to their lands. Which leaves us with three possible solutions: full restitution of the original land, which is highly unlikely; full rejection of the claim, which is also very unlikely; and restitution in kind but in different areas, which will be difficult and slow, but not impossible process.
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