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Ontario court clears path for First Nations' land claim over Anicinabe Park
Ontario court clears path for First Nations' land claim over Anicinabe Park

National Observer

time22-07-2025

  • Politics
  • National Observer

Ontario court clears path for First Nations' land claim over Anicinabe Park

A group of northwestern Ontario First Nations can proceed with their legal attempt to reclaim Anicinabe Park after a ruling by Ontario's Superior Court cleared a key legal hurdle. The court rejected two separate motions by the City of Kenora and the Government of Canada to dismiss the case, allowing the land claim to proceed to trial. The lawsuit was filed last November by Niisaachewan Anishinaabe Nation, Wauzhushk Onigum Nation and Washagamis Bay First Nation. The Nations argue that the 14-acre park was set aside for their use in 1929 but was sold by Canada to the City of Kenora in 1959 without their consent. They are asking for the land to be returned or held in trust, plus damages for loss of use and for the court to recognize that Canada broke its legal and constitutional duties. Both the federal and municipal governments argued that the lawsuit was filed too late, citing the Real Property Limitations Act, which requires land claims to be made within 10 years. But the Superior Court judge rejected that argument, saying it wasn't clear the claim was too late given the circumstances of this case, so the case can go to trial. 'I cannot find that it is plain and obvious that the RLPA [Real Property Limitations Act] bars the Nations' claim. As such, I must dismiss the Defendants' motions,' wrote Justice Robin Lepere in her decision. The court rejected two separate motions by the City of Kenora and the Government of Canada to dismiss the case, allowing the land claim to proceed to trial. Luke Hildebrand, a lawyer representing the First Nations, said the case hinges on constitutional rights that don't fall under regular legal time limits. 'There are no limitation periods for constitutional rights,' said Hildebrand. 'You need to deal with things… on the merits, not on the basis of technical defenses like limitation periods. And the court agreed with us.' Hildebrand told Canada's National Observer there's hope the dispute could be resolved before trial. 'I would love to see the city come to the table, put reconciliation into action and try to resolve this outside of a courtroom,' he said. 'I think the Nations are very open to that. Everyone knows that litigation isn't the best solution, so I would be cautiously optimistic that could happen — but the ball is in the city's court.' Hildebrand says Anicinabe Park has long been an important place for local First Nations. Families stayed there while visiting children in residential schools, and the land was used for fishing, harvesting and traditional ceremonies. The First Nations have been fighting to get the land back for generations. More than 50 years ago, the Ojibway Warrior Society occupied Anicinabe Park for 38 days, calling for better living conditions, education, land access and the return of the park to nearby First Nations. 'Anicinabe Park has been, and always will be, a gathering place,' said Chief Skead of Wauzhushk Onigum. 'This case is not about excluding anyone from the park. It's about correcting a historic injustice, a blight on Kenora's history and doing what's right.' Canada's National Observer reached out to both the federal government and the City of Kenora for comment but did not receive a response in time for publication. 'The City of Kenora is at a crossroad,' said Chief Cobiness of Niisaachewan Anishinaabe Nation in a statement. 'It can continue using taxpayer dollars to fight us in court or it can work with us as partners to advance reconciliation.'

Saskatoon Berries awarded 2026 WCBL All-Star Weekend festivities
Saskatoon Berries awarded 2026 WCBL All-Star Weekend festivities

Global News

time22-07-2025

  • Sport
  • Global News

Saskatoon Berries awarded 2026 WCBL All-Star Weekend festivities

Even though the team has not yet finished their second season in the Western Canadian Baseball League, the Saskatoon Berries have caught the eye of the league with their ability to put on a show. That will be the case next summer at Cairns Field, as the WCBL and the Berries have announced the league's annual All-Star Weekend will be moving from Okotoks, Alta., to Saskatoon for the 2026 edition of the event. 'We have been working on this for a while,' said Berries president Steve Hildebrand. 'I appreciate the league and the governors of the league giving us this opportunity to host the 2026 All-Star Weekend. I think it's going to be a fantastic weekend and I'm really excited for our fans, but also all of Saskatchewan and Alberta coming out and enjoying a great day.' The announcement was made at the 2025 All-Star Weekend in Okotoks, which wrapped up on a rainy Saturday night at Seaman Stadium with the East Division earning a 10-3 victory over the West Division in a truncated seven-inning tilt. Story continues below advertisement Six members of the Berries played in the game, including infielder Ethan Menard, who was named the All-Star Game's Most Valuable Player with a solo home run in the sixth inning. It marked the second year in a row a Saskatoon player had picked up the award, following teammate Carter Beck in 2024. According to Hildebrand, Berries management has been discussing the possibility of hosting All-Star Weekend for at least a year and feels like next summer will be the perfect time to welcome the league to Saskatoon. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy 'We actually looked at this for the 2025 (season) and felt it was just too quick,' said Hildebrand. 'We went through a lot in our first year to make sure everything was going well, we looked at the 2025 weekend and took a step back saying, 'Let's try to get it for the 2026 All-Star Game.' We came up with the idea of having a full weekend, having a two-day event rather than just one day and it was accepted by the league.' WCBL All-Star Weekend will be split into a two-day event for the first time, with the WCBL Home Run Derby being held on a Saturday night, followed by a 1 p.m. opening pitch on Sunday between the East and West Divisions for the All-Star Game itself. 1:38 Saskatoon Berries sending six to 2025 WCBL All-Star Game Hildebrand also mentioned there will be a community festival held over the weekend, with an emphasis on promoting baseball at the grassroots levels. Story continues below advertisement While Seaman Stadium is more than twice the size of Cairns Field in fan capacity, Hildebrand added discussions are ongoing to bring in more seating for the event. 'Okotoks has a beautiful facility and they have a lot of great seating areas,' said Hildebrand. 'We hope to do that as well and hope to expand a little bit, with the help of the guys at Gordie Howe (Sports Complex). Hopefully, we can find some space there that we can grow a little bit as well and have more people out to the games.' Through 20 home games so far this season, the Berries sit second place to the Okotoks Dawgs in overall attendance with nearly 32,000 fans through the gates this year and an average attendance of 1,599 fans per game. Combined with the team's success on the field this season leading the WCBL with a 34-7 record entering a double-header on Monday against the Weyburn Beavers, Hildebrand is encouraged to see the recognition of what the Berries have built over the span of just a few years. 'I think what we've done, not only on the field but social media-wise – all the tickets we've sold – they're really impressed by what we've done so far,' said Hildebrand. 'Like we do with our group, we just try to set the bar as high as we can.' The Berries will close out their season-long road trip with stops in Weyburn and Swift Current, before returning to Cairns Field on Thursday night to face off against the 57's at 7 p.m.

More legal battles likely as First Nations launch first lawsuit against new federal, provincial laws
More legal battles likely as First Nations launch first lawsuit against new federal, provincial laws

Hamilton Spectator

time16-07-2025

  • Business
  • Hamilton Spectator

More legal battles likely as First Nations launch first lawsuit against new federal, provincial laws

As First Nations launch the first constitutional challenge against federal Bill C-5 and Ontario's Bill 5 — sweeping laws to fast-track mines and major infrastructure — legal experts say the governments' refusal to consult has left Indigenous communities with no other option and more court battles are likely ahead. 'They didn't engage with First Nations, they didn't engage with labour unions, and they simply passed bills that don't work for either group — making a lawsuit almost inevitable,' said Luke Hildebrand, a lawyer not involved with the lawsuits. 'I'd be surprised if this is the only one.' Hildebrand said both governments escalated the situation by refusing to consult the very people most affected. He sees the legal challenge as grounded in three core arguments: that both laws violate the constitutional duty to consult, undermine treaty rights, and conflict with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) , which protects the right to free, prior and informed consent. 'This is about unilateralism,' Hildebrand said. 'Instead of sitting down and building something together, they [both governments] said, 'We're doing this — you catch up.' That's the wrong approach.' 'No escape for First Nations' The two laws allow governments at both federal and provincial levels to bypass environmental assessments and permit requirements, clearing the way for major development projects with little or no First Nations involvement. Bill 5 allows the provincial cabinet to create 'special economic zones,' where selected projects and developers could be exempt from environmental regulations and planning laws, undermining First Nations consultation. The government has already signalled its intent to designate the Ring of Fire as a 'special economic zone' under the new law. The lawsuit, filed Tuesday in Ontario Superior Court by nine First Nations, argues both pieces of legislation violate constitutional rights, treaty obligations and Canada's international commitments. The filing argues that the two laws build on one another, compounding their effects. 'Since both are similar in their violative regimes, purposes and effects, there is no escape for First Nations,' the lawsuit reads. 'Our case is not a fight against development,' said Chief Taynar Simpson of Alderville First Nation in a statement. 'It is a fight against dangerous development pushed ahead by factless, thoughtless and reckless decision-making from government ministers behind closed doors with little accountability.' First Nations leaders say the speed at which the bills were passed left them with no time to respond. There was little warning, no meaningful engagement and no opportunity to shape the legislation. 'Rushing headlong into major projects without knowing the costs means the governments are playing a dangerous game with our lands and futures,' said Attawapiskat First Nation Chief Sylvia Koostachin-Metatawabin. She pointed to the Ring of Fire region — a sensitive peatland ecosystem critical to carbon storage — as an area at serious risk. She warned that damage from mining and infrastructure could have catastrophic consequences. 'Our way of life, our children's futures and our shared environment, which is the basis of all life, is not a pawn in some political game,' she said. The federal and provincial governments have defended the legislation as a necessary response to economic uncertainty caused by US tariffs. In an email response, a spokesperson from the federal Privy Council Office said the government is reviewing the court challenge, noting it had 'just received the Notice of Application,' and declined to provide further comment. However, the statement reaffirmed the government's commitment to Indigenous rights under the Constitution and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). It said Bill C-5, the Building Canada Act, includes multiple stages of consultation with Indigenous communities before major projects are approved. Prime Minister Mark Carney is expected to meet with First Nations leaders in the coming days, the statement added. In an email, Ontario Premier Doug Ford's office said it has begun consultations with First Nations to shape regulations for special economic zones. 'We will continue to build consensus with First Nations on shared priorities, including legacy infrastructure, all-season roads and resource development that support long-term prosperity,' Ford's office said. But Hildebrand says the harm has already been done. 'This wasn't about consultation — it was about centralizing power and sidelining not just First Nations, but workers and municipalities too,' he said. Sara Mainville, an Anishinaabe lawyer, said the legal challenge is unusual but valid. She says while constitutional challenges typically follow a specific project approval, this case is different: the laws themselves may be enough to violate Indigenous rights. 'The federal government only gave First Nations seven days to respond to Bill C-5,' Mainville said. 'That's not real consultation. It erased years of relationship-building.' Mainville pointed to the Mikisew Cree Supreme Court decision , which confirms that even legislation — not just project decisions — can trigger constitutional challenges if it strips away protections that would normally require consultation. Mainville said this case might follow the same path Alberta and Ontario used to successfully challenge federal impact assessment law. Both Mainville and Hildebrand believe the lawsuit may delay the very projects the government hoped to fast-track — and more challenges are likely. Green Party Leader Mike Schreiner said the Ford government was warned repeatedly that Bill 5 would end up in court. He said the failure to consult First Nations made legal action inevitable, and even members of the premier's own party raised concerns about the bill's flaws. 'Had the government worked collaboratively from the start, we'd be much further along,' Schreiner said. 'First Nations consent is non-negotiable. Their involvement strengthens both the process and the outcome.' He warned that Ford's actions will delay progress. 'Ford's reckless disregard for Indigenous rights and democratic debate will slow down development because of court challenges and the lack of public support,' he said. Hildebrand said that if the courts strike down the bills, it could restrict the use of fast-track economic zones across Canada and force governments to rethink how major projects are approved. 'If Indigenous nations succeed, it will affirm that economic development can't come at the expense of Indigenous sovereignty, workers' rights or environmental protection,' he said. But he added that real reconciliation must happen through dialogue — not just legal battles. 'Reconciliation doesn't happen in a courtroom — it happens at the nation-to-nation table,' Hildebrand said. 'My hope is that this lawsuit is a wake-up call to both Prime Minister Carney and Premier Ford. But whether they'll answer it is another question.' Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .

More legal battles likely as First Nations launch first lawsuit against new federal, provincial laws
More legal battles likely as First Nations launch first lawsuit against new federal, provincial laws

National Observer

time16-07-2025

  • Business
  • National Observer

More legal battles likely as First Nations launch first lawsuit against new federal, provincial laws

As First Nations launch the first constitutional challenge against federal Bill C-5 and Ontario's Bill 5 — sweeping laws to fast-track mines and major infrastructure — legal experts say the governments' refusal to consult has left Indigenous communities with no other option and more court battles are likely ahead. 'They didn't engage with First Nations, they didn't engage with labour unions, and they simply passed bills that don't work for either group — making a lawsuit almost inevitable,' said Luke Hildebrand, a lawyer not involved with the lawsuits. 'I'd be surprised if this is the only one.' Hildebrand said both governments escalated the situation by refusing to consult the very people most affected. He sees the legal challenge as grounded in three core arguments: that both laws violate the constitutional duty to consult, undermine treaty rights, and conflict with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), which protects the right to free, prior and informed consent. 'This is about unilateralism,' Hildebrand said. 'Instead of sitting down and building something together, they [both governments] said, 'We're doing this — you catch up.' That's the wrong approach.' 'No escape for First Nations' The two laws allow governments at both federal and provincial levels to bypass environmental assessments and permit requirements, clearing the way for major development projects with little or no First Nations involvement. Bill 5 allows the provincial cabinet to create 'special economic zones,' where selected projects and developers could be exempt from environmental regulations and planning laws, undermining First Nations consultation. The government has already signalled its intent to designate the Ring of Fire as a 'special economic zone' under the new law. The lawsuit, filed Tuesday in Ontario Superior Court by nine First Nations, argues both pieces of legislation violate constitutional rights, treaty obligations and Canada's international commitments. The lawsuit, filed Tuesday in Ontario Superior Court by nine First Nations, argues both pieces of legislation violate constitutional rights, treaty obligations and Canada's international commitments. The filing argues that the two laws build on one another, compounding their effects. 'Since both are similar in their violative regimes, purposes and effects, there is no escape for First Nations,' the lawsuit reads. 'Our case is not a fight against development,' said Chief Taynar Simpson of Alderville First Nation in a statement. 'It is a fight against dangerous development pushed ahead by factless, thoughtless and reckless decision-making from government ministers behind closed doors with little accountability.' First Nations leaders say the speed at which the bills were passed left them with no time to respond. There was little warning, no meaningful engagement and no opportunity to shape the legislation. 'Rushing headlong into major projects without knowing the costs means the governments are playing a dangerous game with our lands and futures,' said Attawapiskat First Nation Chief Sylvia Koostachin-Metatawabin. She pointed to the Ring of Fire region — a sensitive peatland ecosystem critical to carbon storage — as an area at serious risk. She warned that damage from mining and infrastructure could have catastrophic consequences. 'Our way of life, our children's futures and our shared environment, which is the basis of all life, is not a pawn in some political game,' she said. Governments defend bills The federal and provincial governments have defended the legislation as a necessary response to economic uncertainty caused by US tariffs. In an email response, a spokesperson from the federal Privy Council Office said the government is reviewing the court challenge, noting it had 'just received the Notice of Application,' and declined to provide further comment. However, the statement reaffirmed the government's commitment to Indigenous rights under the Constitution and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). It said Bill C-5, the Building Canada Act, includes multiple stages of consultation with Indigenous communities before major projects are approved. Prime Minister Mark Carney is expected to meet with First Nations leaders in the coming days, the statement added. In an email, Ontario Premier Doug Ford's office said it has begun consultations with First Nations to shape regulations for special economic zones. 'We will continue to build consensus with First Nations on shared priorities, including legacy infrastructure, all-season roads and resource development that support long-term prosperity,' Ford's office said. But Hildebrand says the harm has already been done. 'This wasn't about consultation — it was about centralizing power and sidelining not just First Nations, but workers and municipalities too,' he said. Sara Mainville, an Anishinaabe lawyer, said the legal challenge is unusual but valid. She says while constitutional challenges typically follow a specific project approval, this case is different: the laws themselves may be enough to violate Indigenous rights. 'The federal government only gave First Nations seven days to respond to Bill C-5,' Mainville said. 'That's not real consultation. It erased years of relationship-building.' Mainville pointed to the Mikisew Cree Supreme Court decision, which confirms that even legislation — not just project decisions — can trigger constitutional challenges if it strips away protections that would normally require consultation. Mainville said this case might follow the same path Alberta and Ontario used to successfully challenge federal impact assessment law. Both Mainville and Hildebrand believe the lawsuit may delay the very projects the government hoped to fast-track — and more challenges are likely. Schreiner: Ford ignored the warnings Green Party Leader Mike Schreiner said the Ford government was warned repeatedly that Bill 5 would end up in court. He said the failure to consult First Nations made legal action inevitable, and even members of the premier's own party raised concerns about the bill's flaws. 'Had the government worked collaboratively from the start, we'd be much further along,' Schreiner said. 'First Nations consent is non-negotiable. Their involvement strengthens both the process and the outcome.' He warned that Ford's actions will delay progress. 'Ford's reckless disregard for Indigenous rights and democratic debate will slow down development because of court challenges and the lack of public support,' he said. Hildebrand said that if the courts strike down the bills, it could restrict the use of fast-track economic zones across Canada and force governments to rethink how major projects are approved. 'If Indigenous nations succeed, it will affirm that economic development can't come at the expense of Indigenous sovereignty, workers' rights or environmental protection,' he said. But he added that real reconciliation must happen through dialogue — not just legal battles. 'Reconciliation doesn't happen in a courtroom — it happens at the nation-to-nation table,' Hildebrand said. 'My hope is that this lawsuit is a wake-up call to both Prime Minister Carney and Premier Ford. But whether they'll answer it is another question.'

‘It's got to stop': Victorian crime statistics reveal ‘rampant' uptick in offences
‘It's got to stop': Victorian crime statistics reveal ‘rampant' uptick in offences

Sky News AU

time21-06-2025

  • Politics
  • Sky News AU

‘It's got to stop': Victorian crime statistics reveal ‘rampant' uptick in offences

Sky News contributor Joe Hildebrand comments on Victorian crime statistics. 'As I keep saying, there's absolutely nothing progressive about letting crime run rampant and letting criminals onto the street,' Mr Hildebrand told Sky News host Steve Price. 'This overwhelmingly affects people in the already most socially disadvantaged suburbs, they are the ones to be far more likely victims of crime. 'It's got to stop.'

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