Winnipeg Land Claim

First Nations file lawsuit over Kapyong land
Last Updated: Friday, January 25, 2008 | 4:44 PM CT
CBC News
First Nations in southern Manitoba stepped up their fight over the former Kapyong Barracks in Winnipeg Friday, launching a lawsuit over the one-time military land.

The seven Treaty No. 1 First Nations have asked a federal court to overturn the federal government's decision to turn the land over to the Canada Lands Co., an arms-length Crown corporation that would arrange for its sale.

The chiefs involved argue the land should be going to First Nations who have pending treaty land-entitlement settlements.

"We're saying that Canada did not fulfil their duty to consult with the First Nations before transferring that land to the Canada Lands Company," said Norman Boudreau, the lawyer for the bands.

Other Canadian First Nations have won similar cases recently, Boudreau said, notably in Vancouver, where a band was able to halt the sale of two office towers.

Dennis Meeches, chief of the Long Plain First Nation, near Portage la Prairie, Man., said the lawsuit is the group's last resort.

"This is the last thing we want to do," he said. "We'd rather have the federal government come to us and work with us and negotiate with us instead of playing keep-away."

Treaty Land Entitlements
Manitoba is constitutionally obligated to set aside unoccupied Crown land to fulfil its outstanding land entitlements to First Nations in treaties dating back to 1871.

The province is required to provide the land, and the federal government covers survey costs and provides funds for its acquisition.

A total of 27 First Nations are eligible to select more than 400,000 hectares of land.

Less than 17,000 hectares had been converted into reserve land by June 2006, according to Manitoba's treaty land entitlement committee.

Boudreau said he expects it could take a year for the case to go before the courts. In the meantime, he said, Canada Lands will likely put any sale plans on hold.

The Kapyong Barracks site is a desirable piece of land nestled between Tuxedo and River Heights, two affluent Winnipeg neighbourhoods.

The barracks were built on a 90-hectare parcel of land, with 52 barracks and warehouses and 350 permanent married quarters.

The site has been largely vacant since the 2nd Battalion Princess Patricia's Canadian Light Infantry relocated to Canadian Forces Base Shilo in the fall of 2004.

Some development ideas proposed to date include an infill neighbourhood — either at market value or affordable housing units — an urban reserve, a military museum or using some of the land to widen Kenaston Boulevard.

People in Tuxedo and River Heights don't want this! Property values would plummet and insurance premiums would soar. I have a home in River Heights, but it's located far enough east that it would be unaffected by the establishment of the reserve. They(natives) should sell the land for residential and commercial development, rather than establish a reservation, and use the proceeds to help the Long Plain Reservation.

As I understand it the lands in question were ceded lands and therefore the natives have no valid claim to them. If they want to buy the lands then they should have to go through the same process as everyone else.

They were, but as you well know indians can sell land and then demand it back generations later.

It's funny that none of the so-called land claims experts haven't piped in on this one. Maybe I was right that the natives have no valid claim to this land.

three...These lands were ceded in the treaty. The natives signed it away and now want it back. There is a name for that but if I say it I would be called a racist.

three...enlighten me oh wise one. If the lands were ceded to the crown then how can the natives legally have a claim to them. Then again the natives look at Canadian law with contempt and disdain.

unless it suits their purposes.

If you think this is bad, guess you haven't heard about the Metis trying to claim the whole bloody city of Winnipeg (not just one former military base). This is like selling your house and then turning around and asking for more money because the new owner added a pool, did some landscaping, and boosted the property value. Makes my blood boil knowing people actually entertain this money grabbing crap. :roll:

http://www.cbc.ca/canada/manitoba/story ... gment.html

The Manitoba Métis Federation is appealing a Court of Queen's Bench judgment dismissing a huge land claim that could have been worth billions of dollars.

In December, Justice Alan MacInnes rejected the federation's claims that their ancestors had a treaty with Ottawa in 1870 over a 566,000-hectare stretch of land in the Red River Valley that includes most of modern-day Winnipeg.

Guess what the Metis rebelled and lost. Damned if I'm going to consult the MMF about what I want to do on my property.