Garden River First Nation launches new lawsuit against Ontario and Canada

Members of the Garden River First Nation traveled hundreds of kilometers to go to Queen's Park on Thursday and announce a lawsuit against Ontario and Canada for breaching the Robinson Huron Treaty of 1850. 

The community, which is home to about 1000 people, is situated 50 km northeast of Sault Ste. Marie. 

Under the terms of the treaty, Garden River First Nation was promised a reserve extending over 54,000 hectares. Today it is less than half of that, at 20,700 hectares. 

The lawsuit alleges that, in the past 150 years, the Crown coerced the sale of parts of the reserved lands against the community's wishes. 

The document filed with the Ontario Superior Court of Justice says that, over time, proceeds of these sales were used to cover the expenses of the Ministry responsible for Indian Affairs.

"Over 30,000 hectares of land was taken from our community through various tactics," said Garden River First Nation chief Andy Rickard. 

"We want to get that land back": Chief Andy Rikard

Rickard says elders and leaders in the community have been talking about this issue for years. 

"We decided to actually start the process," he said. "We can't wait another 150 years for these things to happen." 

He adds the community's population is growing rapidly. "Our members are moving back to the reserve, and our access to land, and our ability to build homes and infrastructure is limited." 

The 1850 Treaty promised lands that stretched "from Maskinongé Bay, inclusive, to Partridge Point, above Garden River on the front, and inland ten miles, throughout the whole distance; and also, Squirrel Island."

We can't wait another 150 years for these things to happen.- Andy Rickard, chief of Garden River First Nation​​​​​

Today, many parts of these lands have been privatized. 

For example, a lot of non-Indigenous landowners have built cottages on Squirrel Island. 

Rickard says education on this issue will be important going forward. He says the community has engaged in respectful and open dialogue with some landowners in the area. 

"Our fight is not against the landowners. It's with the federal government and the province," he said.

Monetary compensation if land can't be returned

The chief of Garden River says the community is "realistic" and understands there are chunks of land that won't be returned. 

The lawsuit states that, "in cases where the Reserved Lands cannot be returned, damages or equitable compensation should be given to Garden River for lost opportunity and trespassing." 

The community does not have a specific number in mind. 

"We don't necessarily know the value of the land that was lost," said Rickard. 

He adds that work with historians is ongoing. 

A lengthy and complex process

Nipissing First Nation, near North Bay, filed a similar lawsuit in the 1990s. Their reserved lands were diminished by a surveyor's change of measurement units, from leagues to miles. 

It took decades to arrive at a settlement agreement with the federal government in 2013. 

Chief Scott McLeod explains there are many factors to consider when establishing how much a community should be compensated for lost land. 

There's the value of the land itself, but also the revenue generated from the land since the Treaty, be it in terms of taxes or natural resource extraction.

There's also the loss of opportunity for community members, which is difficult to quantify. 

McLeod says negotiations with the province, who has jurisdiction over the land part of the claim, only started six months ago.

"The province has been very fair and open in regards to negotiating a settlement," he said. 

"The governments today have more political will than they did a decade ago."

McLeod adds that communities or landowners neighboring First Nations may feel nervous about land claims.

But he says that, in his community's case, nearby cities realized the benefits of resolving these issues. 

"When First Nations communities do good, the surrounding areas also do good economically. It's a potential win for a community like Garden River, but there are also benefits for surrounding areas." 

Flavia Mussio, spokesperson for Ontario's Ministry of Indigenous Affairs, says it cannot comment on the case as it may be subject to litigation.

Garden River is one of the 21 First Nations re-negotiating the annuity promised in the Robinson-Huron Treaty of 1850. 

But this lawsuit is separate from the annuities case, which is currently being negotiated with Ontario and Canada outside the courts.

With files from Radio-Canada reporter Frederic Projean