Northern Ontario First Nation fighting railway, federal government to clean up abandoned rail line

The lawyer for a northern Ontario First Nation that is suing the federal government and the CPKC railway over an abandoned rail line is hoping the clean-up can start as early as next year.

For decades, Canadian Pacific had a track running from Espanola down to Manitoulin Island, cutting right through Whitefish River First Nation.

The track was ripped up 25 years ago, but the old rail bed was left behind. The land was sold in 1998 to another owner, but CPKC still holds the title on the property. 

In 2019, the First Nation filed suit against the railway, the federal government and other companies who may hold interest in the old rail line.

Lawyer Kate Kempton said Whitefish River is arguing that the federal government had a "fiduciary duty" to ensure that the land was remediated and returned to the First Nation after the railway was done with it.

"Canada is at least in part, if not wholly, on the hook for the failures to have done that already and needs to ensure that it gets done now," she said.

Kempton said she knows of "many, many First Nations" that have highways, railways, power lines or canals cutting through their territory and in "many of those cases 'the deal' made to get that done was by far not in the First Nation's interest." She said many of those communities are now trying to get it settled in court.

She said an environmental site assessment of the former rail line has been completed and Whitefish River First Nation is working on a clean-up plan they hope will be part of a negotiated settlement.

Kempton said she hopes the government or railway "will agree to cover those costs and get this done and the sooner the better."

CPKC declined an interview with CBC, but said in a statement it has spoken to the First Nation since the suit was filed six years ago and is ready to work toward a resolution.

Transport Canada declined an interview with CBC, but said in a statement that it isn't involved in the transfer of lands or cleaning up former railways, but supports its colleagues in the department of Crown-Indigenous Relations, which does oversee land transfers.

Indigenous Services Canada did not respond to CBC's request for comment.