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.

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"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.