Kapyong Barracks: 10 questions and answers

Hey there, time traveller!
This article was published 23/09/2015 (3646 days ago), so information in it may no longer be current.

After more than a decade of confusion, court battles and relentless, weed-shrouded grimness, it looks like the abandoned Kapyong Barracks might finally be redeveloped. For those Winnipeggers who gave up years ago following the tortured progress of the story, here’s your catch-up.

Start with the basics. What’s the deal with Kapyong?

It’s the old military base along Kenaston Boulevard that was abandoned in 2004, its 160 acres declared surplus federal land slated to be sold off and redeveloped.

Long before the soldiers left, several First Nations repeatedly told the federal government they wanted to buy the land, and ought to have first dibs because they are owed land.

Ottawa brushed off the bands, who went to court in 2007. Eight years of legal wrangling ensued, with the latest decision coming down last month. The First Nations won, again.

During a visit to Winnipeg Tuesday, Prime Minister Stephen Harper said his government wouldn’t appeal the latest decision to the Supreme Court of Canada, and chiefs confirmed they’re mulling a settlement offer from Canada.

Why was Kapyong in court so long?

Mostly because the feds kept appealing. There were four go-arounds in Federal Court and its appeals division. The bands won three out of four.

At issue was the duty to consult, an important but nebulous principle in aboriginal law that gives First Nations a say in development in their traditional territory or if they have outstanding land claims.

Judges had to decide: Did Ottawa have to consult with the bands before selling Kapyong? (Yes.)

If so, how much consultation did Ottawa need to do? (A medium amount.)

Did it? (No.)

Which bands are involved?

Some of the most sophisticated ones in the province, ones with millions in trust that was paid out because they were shortchanged land when Treaty 1 was signed more than 140 years ago.

Seven bands started the court fight: Swan Lake, Sandy Bay, Sagkeeng, Roseau River, Brokenhead, Long Plain and Peguis.

Four remained in the final permutation of the court case, but all seven are expected to be part of the negotiations with the feds.

What is Kapyong worth?

Hard to know. City assessment rolls peg the value of all 160 acers at roughly $65 million.

But in 2007, Canada planned to sell the land to the Canada Lands Corporation, the well-respected Crown redevelopment agency, for $8.6 million.

What will the bands build?

First Nations chiefs have repeatedly said they want to build a neighbourhood that blends seamlessly with River Heights and Tuxedo — a mix of houses, condos, apartments, parks, shops big and small, maybe a training facility or offices.

They want this to be a high-quality, progressive development. It won’t include a casino.

Have First Nations done this any where else in the country?

Almost. In Vancouver, just last year, three First Nations formed a joint partnership with Canada Lands to redevelop a batch of surplus federal property, including the old Jericho military enclave. The $307-million deal ended 20 years of wrangling. Now, the first round of public consultations have started with nearby residents. It will be years before building starts.

Meanwhile, an Algonquin land claim held up the redevelopment of CFB Rockcliffe in Ottawa for years. But, the First Nations give up their claim to the base in exchange for a cash settlement. This week, Ottawa’s planning and development committee approved a plan that include 5,300 homes of all types, retail space, 10 parks, three schools and a cutting edge “bioswale” system to remove runoff, according to the Ottawa Citizen. Rockcliffe is twice as big as Kapyong.

Will Kapyong be an urban reserve?

Likely. The modest tax breaks afforded to people with treaty status is one way First Nations can make a project economically viable and take advantage of their treaty rights.

Does all this include the houses along Kenaston?

No. Most of the houses, called PMQs or private married quarters, are still being used by military families and haven’t been declared surplus yet.

So, when Harper said consultations are underway, did that mean the problem is solved?

Not by a long shot. It just means the court saga has ended. Now, the real work of making a deal begins.

And, Canada is not obliged to sell Kapyong to the bands. It’s very possible Canada could consult in earnest without reaching a deal. In that case, the land will likely be sold to Canada Lands, as was originally planned.

Bottom line: When will we see something built at Kapyong?

Years. Several First Nations chiefs are hopeful a deal can be done within a year, but that will kick off a long planning process — community consultation, a precinct plan, wrangling over where those extra Kenaston lanes will go, complicated financing, deal with the city on servicing and a grant equal to property taxes.

It took years for stuff to start sprouting in Waverley West. This will be similar, but trickier.

maryagnes.welch@freepress.mb.ca