Kenora area First Nations sue for ‘return’ of Anicinabe Park

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KENORA — Three First Nations have filed suit against the City of Kenora and the Government of Canada to give back land they say is rightfully theirs.

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On Nov. 19, representatives from the Wauzhushk Onigum (Rat Portage), Washagamis Bay, and Niisaachewan (Dalles) First Nations announced that they intend on taking the municipality and the federal government to the Ontario Superior Court of Justice to “seek the return of Anicinabe Park,” which they claim is owed following what was an “illegal sale” of the land in 1959.

With 2024 being the 50th anniversary of the infamous Anicinabe Park gathering – also known as the 1974 Anicinabe Park Occupation – the chiefs and councils from the three First Nations allege that Canada and the City of Kenora “conspired to dispossess” the park from members of Treaty 3 as part of “a decades-long campaign to push Anishinaabe people away from city boundaries.”

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“Canada was required to act in the best interest of (First) Nations. Instead, it entered into a deal with Kenora to sell Anicinabe Park, which benefitted itself and the City,” the three First Nations said in a press release.

According to their legal counsel, the sale of the park “left Anishinaabe people with nowhere to go in Kenora,” causing “many Anishinaabe people to become homeless” as part of “a legacy that endures to this day.

“Anicinabe Park was, and is central to the Nations’ economic, social, political, and spiritual well-being.”

As far as the communities are concerned, the return of Anicinabe Park “is a long-awaited opportunity for reconciliation,” but despite “repeatedly inviting” Kenora to be a partner in reconciliation “outside of a legal process” over the years, the City “has refused.”

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“This claim is not about excluding anyone from Anicinabe Park, it is about reclaiming the original spirit and intent of Anicinabe Park as a gathering place. The Nations are committed to creating space for both Anishinaabe and non-Anishinaabe peoples to come together in pursuit of the Nation-to-Nation relationship promised by Treaty 3.”

Moving forward, Chief Chris Skead of Wauzhushk Onigum has made it clear that “when our ancestors entered Treaty 3, we agreed to share the land” and “we are all committed to that sacred relationship.”

Deputy Mayor Lindsay Koch, currently filling the seat of Mayor Andrew Poirier, told The Kenora Miner and News that the City is “in receipt of a claim” and that they are “engaging legal counsel to assist in understanding and responding in due course,” but was unable to share any further information.

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According to Luke Hildebrand, the lawyer representing the three communities, the City has already “filed a notice of intention to defend the legal action,” suggesting the matter will indeed be settled inside a courtroom.

In June members of Kenora’s city council were present at Anicinabe Park to honour the 50th anniversary in question, Ed Mandamin, the municipality’s newly hired Indigenous relations advisor — who is also a residential school survivor — spoke aloud about his intent to help see everyone “move together through the next 50 years as friends.”

“We should celebrate the intent of us moving forward, being brothers and sisters, us being able to look at each other and not shying away anymore – to sit down and hug each other, and say we love each other, that is what we are here for,” Mandamin said at Anicinabe Park on June 21.

General, aggravated and punitive damages are also mentioned in the filing, suggesting that in addition to the City of Kenora returning Anicinabe Park, the First Nations will also be seeking a yet to be determined amount of monetary compensation from the Government of Canada.

The Miner reached out to counsels representing the municipal and federal governments but has yet to receive a statement from either.

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