a day ago
- 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.'
