Former Africville residents still fighting more than 50 years after community was razed
A court action that started in 1996 continues with another ruling expected soon
Former residents of the historic Black community of Africville are waiting for another court ruling they hope will pave the way for their decades-long fight for compensation.
Those who did not agree with a 2010 settlement that came out of an action that began in 1996 have continued their fight, more than 50 years since the city tore down the community in Halifax's north end to make way for the A. Murray MacKay Bridge.
"It's gone on too long," said Nelson Carvery, whose father, Aaron (Pa) Carvery, was the last resident to leave the community on the shore of the Bedford Basin in 1970.
He was one of about 400 people from 80 families who lived in Africville, which was settled in the 1800s and established as a predominantly African Nova Scotian community for more than 150 years.
Nelson Carvery, now 82, was not involved in the original lawsuit and wasn't happy with the outcome.
That agreement between Halifax Regional Municipality and the Africville Genealogy Society did not involve individual compensation but instead included a public apology and $3 million and a hectare of land to rebuild the Africville church, among other things.
Carvery is now the only named plaintiff in the ongoing action and is supported by others who want to join.
While his case did not meet requirements for a class-action suit, his lawyer is arguing it could still be a multi-plaintiff action.
Robert Pineo argued in Nova Scotia Supreme Court in January that residents who farmed, fished and ran businesses were not sufficiently compensated for their loss.
"I would like to see the community given back to us — all the land that's not being used given back to the people of Africville," said Carvery, who was born in the community.
After hearing arguments from Pineo and the response of the municipality, the court is next expected to rule on criteria that people would need to meet to join the action as additional plaintiffs.
According to court documents from the city, 51 people were listed as plaintiffs as of 2012. Another 93 with connections to the community of Africville also now want to join.
Warren Grant is among those hoping to be a part of the case.
He was also born in Africville, which is now a National Historic Site and holds a UNESCO designation. He said the impact of having to leave has had a lasting effect.
"I would like to see money, for starters, and maybe a piece of property to put a house on," Grant said.
His family lived on a large piece of land in the community, he said, with a nice home he had hoped would be part of his inheritance.
"I'm hurt by it, I still am, big time," Grant said.
In its arguments before the court, Halifax said it does not believe any of the additional 93 proposed plaintiffs should be allowed to join the action and that many of the 51 listed as plaintiffs do not qualify either.
It said between 1965 and 1967, more than 70 Africville residents gave up their interest in the land by signing agreements known as indentures, effectively ending their property rights.
It says none of those people or their descendants should be allowed to be part of the action.
It also opposes allowing people who were minors at the time to join.
Generations of pain
But some are making the case they also have legitimate claims, since they were too young to know what was happening and then lost the chance to be a part of their home community.
"We grew up pretty poor, we struggled as a family growing up," said Wayne Adams, whose mother moved to Uniacke Square after being displaced.
"If things didn't take place the way they did, how would that have affected my life today in terms of how I grew up?" said Adams, 59.
The losses are about much more than money, said Terry Wilson.
Wilson, 60, said seeing the community knocked down has caused trauma for many.
"All experienced the difficulties of picking up the pieces from the devastation that was brought to the community," Wilson said. "To try to make sense of a life going forward."
'When I die, most of this stuff will go with me'
In support of its position, the city is referring to an act the province passed in 1964, which amended the law to specifically allow it to acquire the Africville land.
That's not being disputed by Carvery's lawyer, who agrees the city had legal authority to go ahead with the expropriation.
However, he is arguing Halifax did not follow procedures correctly when it carried out its plan.
Central to Carvery's case, Robert Pineo said, is how Halifax failed to publish an expropriation notice in a local newspaper, which he said should have happened under the city charter and provincial legislation.
Carvery is hoping these arguments can be made in a trial within the next year or two so he can still be around to see it.
"I reach out everywhere I can because when I die, most of this stuff will go with me."
His lawyer expects the judge will outline the next steps in the case in the next couple of months.
For more stories about the experiences of Black Canadians — from anti-Black racism to success stories within the Black community — check out Being Black in Canada, a CBC project Black Canadians can be proud of. You can read more stories here.
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