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Old Posted Oct 1, 2009, 12:45 AM
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Angry Kapyong land transfer invalid: federal judge

Kapyong land transfer invalid: federal judge
By: Mia Rabson

30/09/2009 2:57 PM | Winnipeg Free Press


OTTAWA - A federal court has overturned the federal government’s decision to transfer land at the abandoned Kapyong Barracks to the government’s surplus land development arm.

Judge Douglas Campbell issued his ruling Wednesday, saying the federal government had not fulfilled its duty to consult with Treaty One First Nations, specifically Brokenhead and Peguis.

The decision will add additional delays to the development of the land, which has been vacant since the Princess Patricia's Canadian Light Infantry unit was moved to Shilo in 2004.

The bands want to use some or all of the 90-hectare parcel for housing, educational facilities and native-owned enterprises to help lift their people out of poverty.

Canada Lands had planned to turn the property into an innovative housing and business development. But the corporation, a Crown arm of the government that buys, develops and sells Crown-owned land no longer needed by the government, closed up its Winnipeg office because of the court challenge.

The Treaty One First Nations filed their claim arguing they had a stake in the land under the government’s treaty land obligations to them when surplus land becomes available.

Under treaty land entitlement deals, bands can select surplus provincial property or buy surplus federal land. In this instance Peguis and Brokenhead both claimed treaty rights to buy the land at Kapyong.

The federal government argued the bands don’t have real rights to Kapyong because the government had already paid the bands money in lieu of land and their treaty land entitlements were at an end.

Campbell dismissed the federal claim, said they still have an entitlement and therefore should have consulted.

Manitoba Liberal MP Anita Neville said the government at this point has two choices - it can appeal the decision or it can start the process over and consult with the First Nations.

Neville’s riding includes the land in question and she said this decision is going to be a huge disappointment to the residents in the area and will also have serious implications for development in southwest Winnipeg and municipal planning.

Some of the land involved was to be used to widen Kenaston Boulevard and help improve traffic flows to the area, which is of particular interest as more homes are built in Waverley West.

mia.rabson@freepress.mb.ca
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  #2  
Old Posted Oct 1, 2009, 12:51 AM
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From the Free Press comments..Can't say I disagree.

Quote:
Originally Posted by Amped
Nothing new here...whine & cry and a judge loses his backbone.

Prove the naysayers wrong. What is the aboriginal plan for this land? What will be their economic contributions? Cheap gas and smokes for treaty natives? We keep hearing this land will provide economic independence. Let's here how this will be achieved. Office space for the many over funded, under achieving native agencies?

I call it as I see it. Satellite reserves are popping around the outskirts of the city. Their economic contribution? Gaming centres, smoke shops, and gasbars.
Another interesting prediction..
Quote:
Originally Posted by MyEyeIsOnYou

WFPress Headline: July 10, 2018

KAPYONG LAND DISPUTE UNSETTLED
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  #3  
Old Posted Oct 1, 2009, 12:56 AM
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That whole section of land should be developed already, much like how the Currie Barracks in Calgary were done. That it's still sitting there unused is a huge black mark on the city, and further shames the Liberals for shutting the base down before having solid arrangements in place for it's redevelopment. It'll be another 5 years before anything happens there unless they just give thew whole section of land to the first nations now. I have no doubt that they could do the site justice, but fear it'll just become another cash cow for the band elders and it will do nothing to "help lift their people out of poverty". At worst the bulk of the land will sit empty and deteriorate over time.

Why can't we just get on with it? Load of BS.
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Old Posted Oct 1, 2009, 12:57 AM
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Yes, where is their plan for the land?
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Old Posted Oct 1, 2009, 1:01 AM
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I mentioned that I'd like to see a plan quite awhile ago, but I'm not ignorant enough to call them out for one. The University of Manitoba has already acquired the land for the Southwood Golf and Country club, yet do we get this kind of reaction for the lack of a publicly announced plan?
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Old Posted Oct 1, 2009, 2:44 AM
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I believe I read about the university's plan one or two years ago. Not sure if I'm missing your point though...
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Old Posted Oct 1, 2009, 3:11 AM
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You've likely read about the University's purchase of the land, along with some tidbits about their general plans. But I don't know any more about what the University plans for the land facing to Pembina, than I do about any First Nations plans for the land facing to Kenaston.

To me, quotes of "we'd like to build a gas station" or "we'd like to use the land to assist in our economic development" are no different than, "we'd like to build additional student housing" or "we'd like to use the land for our future growth".
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Old Posted Oct 1, 2009, 3:24 AM
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Well in all fairness those comments are likely borne out of frustration and recent history of casinos and gas bars as urban reserves. That land is prime and people are greatly concerned.

The U of M has stated they want to develop the golf course land partially for new student housing. You are looking for a more comprehensive plan? I don't think the university needs to rush into anything. First step is to acquire the land then plan.

Don't think it is an apples -apples comparison but I do get your point.
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Old Posted Oct 1, 2009, 4:03 AM
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Excruciatingly disappointing.

Extremely excruciatingly disappointing.

I have absolutely no faith in the justice system of this country to serve this country in any manner, regarding any matter.

I have a lot of words that I would like to toss out right now. Some intelligently put together, others laced with seething vulgarisms, representative of my displeasure, disgust and infuriated perception about with what is taking place.
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Old Posted Oct 1, 2009, 5:06 AM
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It's getting harder and harder to love this place, isn't it?
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Old Posted Oct 1, 2009, 8:09 AM
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yet another federal mess dumped on winnipeg oye
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Old Posted Oct 1, 2009, 1:14 PM
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Don't you just love Canada?
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Old Posted Oct 1, 2009, 1:38 PM
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Seriously. This is absolutely terrible. I cant stand how the Canadian government has basically given the aboriginal people that ability to walk all over Canadians and demand that they get whatever they want on the backs of non-native people. This is racism and political correct pandering at its finest.

Enough is enough. No more land. No more money. If they want either of these things they will have to pay for it on your own.

This is getting ridiculous.

So now instead of a nice community like Garrison Woods/Green in Calgary or the community of Griesbach in Edmonton, Winnipeg gets an indian reserve that will have most likely a bunch of run down and neglected homes, a gas bar and a casino. The city of Winnipeg does not need another North End.

Thanks feds.
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Old Posted Oct 1, 2009, 3:16 PM
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I was feeling homesick and drove by the site this morning. Given some of the comments here, I was hoping to find a shed serving as a gas station, some dilapidated housing, and an aluminum sided casino where I could try my luck at the VLTs.

What's really terrible here is that people are jumping to conclusions. Granted, there's an element of educated guessing, but at the end of the day, it's just guessing.

I say a lot about how the general state of mind of Aboriginals needs to change, but the same is true of non-Aboriginals.
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Old Posted Oct 1, 2009, 4:12 PM
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With regards to the U of M comparison, this land is not yet vacated as the golf course is still building their new location in St.Norbert. Therefore its not an apples to apples comparison. The U of M has stated limited development plans for land that is not yet vacated.

The natives have stated vague plans for land that has been vacant for quite some time.

I would be dissapointed at the U of M if they failed to create plans for the land 5 years after it has been vacated. ( Not saying it needs to be built up in 5 years but have the plans in place for it)

As for whether or not the natives will build a quality development in that area, I have as much faith in them as I do the developers of Waverly West, it is in their best interest to see this land well developed so why would they waste this opportunity. I for one don't think they will.

The issue I have is the right for them to claim this land, Now I am by no means well informed on the legal issues behind this case at least not to the level where I would feel confident challenging the judges decision, but from what I understood, the Treaty one claims were settled, and thus there was no federal obligation for the govenment to consult the natives.

If the Treaty one claims weren't settled and if accoding to the law and text in those treaties requires the government to consult the natives on the sale of crown land then by all means they should have been consulted, and it should be the government with pie on their face for not knowing their own treaties and following their own rules.

I do fee that the government should have the right to withhold some of the land along kenaston, so that it may be used for the traffic project, as this would be something to serve the land in question and the public in general.

sorry for the long winded ramble I just wanted to share my thoughts
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Old Posted Oct 1, 2009, 4:45 PM
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lol, "the natives". More specifically, it's the Brokenhead and Peguis First Nations, although I recall reading an article awhile ago that mentioned Long Plain First Nation as well.
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Old Posted Oct 1, 2009, 4:53 PM
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^ meh. Just give them the land already and let them sell it for profit.

The only reason this is a big issue is because of where this land is located. Opposite Tuxedo, on the main road leading to the suburban sprawl of Winnipeg. If this was north of the Assiniboine, nobody would care.

Certainly a degree of racism on both sides is very obvious and prevalent for this particular situation.
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Old Posted Oct 1, 2009, 6:27 PM
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^ How exactly is it racism, doesn't selling the land to the highest bidder benefit all Canadians (first nations people included) and not just a few first nations leaders. Just how exactly do first nations people feel that they are entitled to this land?
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Old Posted Oct 1, 2009, 6:31 PM
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Well obviously the first nations must be entitled to some part of the process or the judge wouldn't have grounds to declare the transfer invalid? Right?

I really don't think I need to explain how this process and the reaction to it smack of racist undertones (on both sides of the debate). I think you are smart enough to figure it out for yourself.
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Old Posted Oct 1, 2009, 6:32 PM
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It's not that they are entitled to it. It's that they need to be consulted before the sale of any federal land. They say they've already been in talks anticipating the judges decision. Let's hope they come to a fast conclusion and something happens with the land. Was said the first nations were only interested in a portion of the land anyways. I believe they could absolutely do right with the land, provided the land use fits in with the neighbourhood and that there is proper consultation with the surrounding community.

At the same time however I'd prefer that Canada Lands is left to develop the area.
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