Thunder Bay

'We are the land owners' says First Nations chief after judge dismissed town's claim to Point Park territory

The four First Nations that make up Agency One are marking “a moment of triumph” after an Ontario Superior Court judge dismissed claims by the Town of Fort Frances to the Point Park territory, a disputed parcel of land over which the town had claimed ownership.

‘It's been a long legal fight,’ says Terry Allen, Chief of Nigigoonsiminikaaning First Nation

Ontario Superior Court of Justice
The Town of Fort Francis took the matter to court, and on Tuesday Justice J.S. Fregeau ruled that the town has no claim to the Point Park lands, nor does it have any claim to compensation. (Robert Krbavac/CBC )

The four First Nations that make up Agency One have won a major legal victory after an Ontario Superior Court judge dismissed claims by the Town of Fort Frances to the Point Park territory, a disputed parcel of land over which the town had claimed ownership.

Terry Allen, Chief of Nigigoonsiminikaaning First Nation, said the Agency One communities are joint owners of the lands. Along with Nigigoonsiminikaaning, Agency One also includes Naicatchewenin, Couchiching, and Mitaanjigamiing First Nations.

According to Allen, the Town of Fort Frances had been leasing a part of the land for 100 years. But he said when the lease expired in 2009, "they claimed ownership and tried to push us out as inherent owners."

The Town of Fort Frances took the matter to court, and on Tuesday Justice J.S. Fregeau ruled that the town has no claim to the Point Park lands, nor does it have any claim to compensation. 

"It's been a long legal fight for that injustice … a fight that should have never happened in the first place," Allen told CBC Thunder Bay.

"Our people enjoyed the Agency One reserve located on the shores of Red Lake for thousands of years … it was always ours … the ruling basically reaffirms what our ancestors, elders, leaders, communities have always known, that we are the land owners."

A powerful moment for truth and recognition

The ruling was handed down days before National Indigenous Peoples Day, which is being observed this year on June 21.

"This is a powerful moment for truth and recognition," Allen said. 

"These lands, they have always been used for ceremonies and those types of activities, and to go back to that and to revitalize the lands for those purposes is basically our intent now."

Allen also said the four First Nations still have to "come to the table" and "we're going to sit back and really make plans on how we're going to use the lands for everybody to enjoy."

CBC News has reached out to the Town of Fort Frances for comment on the ruling and next steps, but Mayor Andrew Hallikas said they are "currently reviewing the decision" and are not in a position to make any public comment until council has met and discussed it.

The town will discuss the ruling in an in-camera session of mayor and council on Monday night.

LISTEN | Nigigoonsiminikaaning First Nation Chief Terry Allen speaks following court ruling:

An Ontario Superior Court judge has dismissed the claims by the Town of Fort Frances to the Point Park territory.We hear from one of the First Nations leaders about whether this brings closure to the legal process dragging on since the the late 1990s. 

ABOUT THE AUTHOR

Desmond Brown

Web Writer / Editor

Desmond Brown is a GTA-based writer and editor who covers stories for various CBC bureaus in Ontario. He previously worked with news organizations including Caribbean Media Corporation, The Associated Press and Inter Press Service.

With files from Superior Morning