Atikameksheng Anishnawbek First Nation boundary claim to go to trial
After years of delay, Atikameksheng Anishnawbek First Nation, a community west of Sudbury is moving ahead with its boundary claim in Ontario Superior Court.
Lawyers representing Canada brought forward a motion for summary judgment saying the claim was re-litigation. However, Justice E.M Morgan dismissed the motion at the end of August and now the claim can go to trial.
The boundary claim states that while the current reserve lands occupy 174 square kilometres, that number should be closer to 2,700 square kilometres -- almost 16 times the size.
"Our community was not properly surveyed after the treaty was signed in 1850," said Chief Craig Nootchtai.
"Our Chief Shawinacishick was told it would be surveyed within one to two years after the treaty was signed and for whatever reason, it wasn't. And then there was a court proceeding back in 1884 -- the Francis trial -- that, both Canada (and) Ontario felt like, you know, the issue of our survey was resolved, but it wasn't."
Lawyer Ryan Lake, whose firm, Maurice Law, represents the First Nation, said while they are prepared to go to trial, he encourages the government to negotiate.
"It gives all parties an opportunity to carve out a resolution that makes everybody happy," Lake said.
After years of delay, Atikameksheng Anishnawbek First Nation, a community west of Sudbury is moving ahead with its boundary claim in Ontario Superior Court. (Photo from video)
"It respects the past, it respects the present and it builds a future collaboratively, right? I mean, that is the essence of reconciliation."
A release from Maurice Law said that "Atikameksheng suffered and continues to suffer damages from the extraction and sale of timber, mineral and other natural resources on lands which the First Nation has not expressly ceded title to.”
Nootchtai said the First Nation wants the government to affirm the boundaries.
- Download the CTV News app now
- Get local breaking news alerts
- Daily newsletter with the top local stories emailed to your inbox
"We don't want to kick people out (and) we don't want to disrupt things, but we definitely want our share of things, meaning the benefits and also, a say in how things are going to be managed in our lands," he said.
"And it's our responsibility to do it now and for seven generations. So, we take that very seriously.”
In a statement to CTV News, Greater Sudbury Mayor Paul Lefebvre said he hoped for a fair resolution.
"I hold deep respect for the rights and history of the Atikameksheng Anishnawbek. As this important process unfolds, it is my sincere hope that all parties involved — Atikameksheng Anishnawbek, along with the provincial and federal governments — can work together towards a fair and just resolution for everyone involved."
Lake said the hope is a trial will begin sometime next fall.
CTV News contacted the office of the Attorney General of Canada, but have yet to receive a response.
CTVNews.ca Top Stories
3 injured after man with knife enters Montreal-area mosque
Three men were injured after trying to subdue a man armed with a knife during afternoon prayers at a Montreal-area mosque Friday afternoon.
Police arrest 18-year-old woman who allegedly stole Porsche and ran over its owner
Police have arrested an 18-year-old woman who allegedly stole a Porsche and then ran over its owner in an incident that was captured on video.
Woman nearly shut out of mother's estate sues brother in B.C. Supreme Court – and wins
Since she was a young girl growing up in Vancouver, Ginny Lam says her mom Yat Hei Law made it very clear she favoured her son William, because he was her male heir.
Teen arrested in New Brunswick after emergency alert; 5 people in custody
A 15-year-old boy who was the subject of an emergency alert in New Brunswick has been arrested.
Kamala Harris tells Oprah any intruder to her home is 'getting shot'
U.S. Vice President Kamala Harris on Thursday issued a warning to any potential home intruder: 'If somebody breaks in my house, they're getting shot.'
'We're still pushing hard': Search for missing Manitoba boy continues, RCMP find tracks
The search for a missing six-year-old boy in Shamattawa is continuing Friday as RCMP hope recent tips can help lead to a happy conclusion.
On the trail of the mystery woman whose company licensed exploding pagers
What Cristiana Barsony-Arcidiacono, 49, the Italian-Hungarian CEO and owner of Hungary-based BAC Consulting, says she hasn't done is make the exploding pagers that killed 12 people and wounded more than 2,000 in Lebanon this week.
Woman shot by B.C. police was Colombian refugee with young daughter, advocate says
Advocates have identified the woman who died this week after being shot by police in Surrey, B.C., as a South American refugee who was raising a young daughter.
Video released of person of interest after cat is allegedly set on fire in Orillia, Ont.
Provincial police investigating the death of a cat that was allegedly set on fire in Orillia earlier this week released surveillance video of a person of interest in the case.