ADVERTISEMENT

Northern Ontario

Northern First Nation boundary claim to be heard in Ontario Superior court

Published: 

Northern Ont. First Nation boundary case reopening A First Nation west of Sudbury will be taking its revived boundary claim to Ontario's superior court to reclaim land and compensation.

Sudbury — Atikameksheng Anishnawbek’s boundary claim is being reopened after the administrative dismissal of the case was removed in late November, allowing the First Nation to take Canada and Ontario back to court over the disputed land.

"This claim will address the negligence on Canada and Ontario’s part to accurately survey our true reservation boundaries and will address their willful expropriation of Atikameksheng lands to settlers and developers," Chief Craig Nootchtai said in a news release.

"We are seeking justice and reconciliation for the dispossession of lands that are sacred to us so that our Nation can begin to heal itself and provide better services and benefits to our people. We know that the revenues generated from our lands are substantial and the compensation that we are owed from those revenues will allow us to support and sustain ourselves as a true sovereign nation."

The Robinson-Huron Treaty of 1850 states that Atikameksheng is situated between the Whitefish River -- which is now called the Vermillion River -- the Wahnapitae River, and seven miles inland from the North Shore of Lake Huron.

An official survey was not conducted until 1884 and the claim is about land that was misappropriated by the Crown and given to settlers and developers.

On Nov. 24, 2008, Atikameksheng Anishnawbek submitted the original boundary claim seeking title to all lands described in the treaty, compensation for loss of use of alienated lands and loss of revenues from extracted resources.

The claim was processed but on Jan. 14, 2013, it was dismissed due to inactivity by the First Nation.

Maurice Law was hired in 2018 to revive the boundary claim in the courts which led to the breakthrough decision on Nov. 25.

Now that the claim is moving forward, Atikameksheng has amended its claim to include true reservation boundaries and requests to include the following:

  • A declaration of title to all remaining unencumbered lands
  • Damages and equitable compensation for all alienated lands
  • Damages and equitable compensation for all revenues generated on Atikameksheng lands
  • A declaration from the courts that Canada and Ontario were negligent in upholding the provisions of the Robinson-Huron Treaty of 1850

In an email to CTV News Thursday, the Ontario Ministry of Indigenous Affairs said in response to the decision:

"The court granted the plaintiff’s request to file an amended claim. Ontario is reviewing the amended claim. As this matter is in litigation before the court, it would be inappropriate to comment further."