Missanabie Cree close to reclaiming traditional land

Create: 12/01/2015 - 19:31

The Missanabie Cree First Nation (MCFN) is one step closer to resolving its outstanding treaty lands claim, after an Ontario court ruled that the federal and provincial governments must cover Missanabie Cree legal costs as negotiations go before the courts.
Missanabie Cree Chief Kim Rainville said the recent Ontario Superior Court decision provides his First Nation with the resources to take the final steps towards reclaiming its traditional lands.
“It means we’re just about ready to go home,” Rainville said. “There’s a lot of work in planning and development that still needs to happen, but the opportunity is now here for us to develop our community.”
The court order for Ontario and Canada to cover the band’s legal cost is rare in Canadian law, explained Ron Maurice of Maurice Law, Barristers and Solicitors, the legal firm representing MCFN.
“The court said they reserve these kinds of rulings to the most exceptional cases,” Maurice said.
The first ruling on the case came down in favour of Missinabie Cree in December 2011, but the federal government appealed the decision.
The government’s appeal was thrown out on May 3.
Rainville said that without government money to fund its legal case, MCFN would not be able to afford a trial to finish the negotiations on land and compensation.
MCFN’s struggle for control of its traditional land traces back to the early years of the 20th century, when the First Nation signed Treaty 9. At that time the Crown failed to provide the band with reserve land as per terms of the treaty.
Negotiations between MCFN, Ontario and Canada on awarding MCFN its reserve lands started in 1998, but fell apart a few years later. A second set of talks between MCFN and Canada also fell apart after the federal government made a final offer that MCFN rejected.
Rainville said his First Nation had no choice but to take its claim to the courts, given the government’s “take it or leave it” approach to negotiations.
“It’s been at least 14 years of trying to negotiate a settlement,” Rainville said. “Finally it is going to come before the courts.”
The upcoming court case will determine how much land MCFN is entitled to under Treaty 9. Rainville expects the land base to be around 85 square miles, given the approximately 400 members of MCFN alive today and the Treaty 9 entitlement of one square mile per family of five.
So far Ontario has agreed to provide the band with 15 square miles of land, based on the estimated Missanabie Cree population of 100 members at the time of the Treaty 9 signing.
The work on setting up a 15 square mile reserve is ongoing. Rainville hopes to have that land deeded to his First Nation before the end of 2012, with additional land added to the reserve once the court case finishes.
Maurice said it is “shocking” that the situation was not resolved long before the point where it comes to the courts.
“This is a landless band, who entered into treaty over 100 years ago, and both Canada and Ontario have acknowledged that the Missanabie Cree are entitled to land,” Maurice said. “It is a bit of a mystery why this has not been resolved.”
The court case will also address the band’s financial compensation for being held without land for the past century.
Maurice said the federal negotiator in 1998 agreed that money should be provided for housing and infrastructure, so that the First Nation can build its community on the new reserve.
Since then the federal government has taken infrastructure monies off the table, but the
Missanabie Cree expect the courts to re-institute those funds as part of the legal decision.
Rainville is hoping for a quick, out-of-court settlement, considering how long the band has already waited to get its traditional lands back.
“There are a number of Elders we seem to be losing as the years go on,” Rainville said.
“There is an opportunity now for some of them to spend some time on their traditional land.”
Rainville added that the First Nation’s future generations are the driving force behind the legal case.
“We’re looking to develop a community, looking to the imaginations of our children and grandchildren for that,” he said. “The most valuable thing we’ll have is the land. Money will come and go, but the land will be there forever.
“We owe it to those future generations to ensure they have their homeland back.”

See also

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