First Nations take City of Kenora, Government of Canada to court over Anicinabe Park lands

Chief Chris Skead of Wauzhushk Onigum Nation says the 14-acre lands of Anicinabe Park in the city of  Kenora, Ont., have been used by First Nations people for thousands of years, and they want it back under their control. 

Now, more than 60 years after the Government of Canada sold the park to the City of Kenora, three First Nations are banding together to reclaim the space.

Wauzhushk Onigum Nation, Niisaachewan Anishinaabe Nation, and Washagamis Bay First Nation filed a statement of claim in Ontario's Superior Court of Justice on Tuesday against the Attorney General of Canada and the City of Kenora.

The claim argues that Canada breached its legal, fiduciary and constitutional responsibilities by selling Anicinabe Park to the city in 1959, after setting it aside for the First Nations in 1929.

"We have discussed the return of Anicinabe Park with the City of Kenora for years. They have refused. We are calling on Kenora to do the right thing – to be partners in reconciliation and return Anicinabe Park to our communities," said Chief Lorraine Cobiness of Niisaachewan Anishinaabe Nation in a statement Tuesday.

This year marks the 50th anniversary of the Anicinabe Park occupation, when the Ojibway Warrior Society held a six-week demonstration to advocate for better living conditions, education and access to land. Among their demands was returning Anicinabe Park to the surrounding First Nations.

"Filing this claim, it shows that 50 years later, reconciliation has failed," said Skead.

The City of Kenora has filed notice of its intent to defend itself in court. 

"This is a complex legal matter that will be resolved by the court in due course. We have no further comment at this time out of respect for the legal process commenced to resolve the status of the Anicinabe Park," said Heather Pihulak, the city's director of corporate services, in an email to CBC News.

As for the federal government, Eric Head, spokesperson for Crown-Indigenous Relations and Northern Affairs Canada, told CBC News in an email that "the Government of Canada will need to review the statement of claim for this new litigation once it is formally served on Canada."

"In our view, this claim has been a long time coming," said Luke Hildebrand of Headwaters LLP, who is representing the First Nations in the case.

"It's not focused on monetary compensation. It is about returning those lands that should never have been taken away in the first place."

The park was the site of tragedy earlier this year, when a man from Wawakapewin First Nation was shot and killed by an Ontario Provincial Police officer. The incident, which is under investigation by the province's Special Investigations Unit, triggered public outcry about the treatment of First Nations people by police — occurring days after a celebration was held at the park to mark National Indigenous Peoples Day.

Wauzhushk Onigum, Niisaachewan Anishinaabe and Washagamis Bay were once one community, before they separated into distinct First Nations for administrative purposes, Skead explained. The park has always been a central meeting space for the community.