Winnipeg Free Press - PRINT EDITION
Government appeals court ruling on Kapyong
The federal government has appealed an early October court ruling that it must shelve a planned sale of Kapyong Barracks at Grant Avenue and Kenaston Boulevard until the government consults with Manitoba First Nations.
The ruling by Judge Douglas Campbell elated members of Peguis and Brokenhead First Nations, who thought it highly unlikely Canada would appeal the decision.
The main issue Campbell cited in his ruling was First Nations were not consulted about the land before Canada started the process of selling it to the Canada Lands Company for development.
The federal government argued in the appeal filed Friday that the judge made at least 10 mistakes in his ruling, including his finding there was a duty to consult First Nations about this particular parcel of land.
Norman Boudreau, the Winnipeg lawyer acting for the First Nations, said Canada is "grasping at straws" by making this appeal.
"Perhaps Canada is hoping that by putting the First Nations in this position, they will relinquish their right," Boudreau said. "But they will not."
Boudreau said all the points the federal government raises in the appeal were already addressed by the judge.
The Treaty One First Nations argued they are still owed 64,000 acres of land in outstanding claims and should have had a crack at the Kapyong site.
Boudreau said by not heeding the judge's ruling, the Canadian government has acted in a way that is unfortunate not only for the First Nations, but for all Winnipeggers.
"Canada could have seized the opportunity to sit down with the First Nations in good faith, but they did not," Boudreau said. "Now the land will remain vacant for a very long time."
eva.cohen@freepress.mb.ca
Republished from the Winnipeg Free Press print edition October 31, 2009 A5
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