First Nation files lawsuit to block Windmill development

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An Algonquin First Nation from Ontario is going to court to try to shut down development of the former Domtar lands on Chaudière and Albert islands as part of a land claim covering much of Ontario and Quebec.

A statement of claim filed by Stacy Amikwabi on behalf of the Amikwabi Nation and Algonquins in Ontario and Quebec names Windmill Development Group Ltd., Domtar Inc., the National Capital Commission and the City of Ottawa among defendants. The legal proceeding is set to be heard in Ontario Superior Court in Toronto on July 13 and 14.

Windmill Development is planning a major multi-use residential, commercial and retail development for the 40-acre site encompassing Albert and Chaudière islands and part of the Gatineau shoreline. The development, which it has named Zibi — the Algonquin word for River — is opposed by the former chief of Quebec’s Kitigan Zibi reserve, Gilbert Whiteduck, as well as a group that includes architect Douglas Cardinal, who designed the nearby Museum of History. Cardinal has designed a First Nations healing and reconciliation centre, in keeping with the vision of Algonquin elder William Commanda, for part of the site.

Among other things, the statement of claim asks the court to order that sacred sites, including Chaudière and Albert islands, be placed under the stewardship and control of the Algonquin/Amikwha/Nipissing Nation.

Michael Swinwood, the lawyer representing Stacy Amikwabi, said his client and the Algonquins he represents don’t recognize Algonquin band councils in Ontario and Quebec currently involved in historic land claim negotiations.

Algonquin groups in Ontario and Kitigan Zibi were approached by Windmill about the planned development. Windmill officials have said they plan to work closely with First Nations, who consider the area around Chaudière Falls historic and sacred.

Swinwood said the statement of claim has been met with a flurry of motions from the defendants named in the case asking that it be dismissed before it reaches court, saying the plaintiff doesn’t have a legitimate claim to the land.

Swinwood said the Tsilhqot’in First Nation ruling by the Supreme Court of Canada last year, supports the claim. In Tsilhgot, the court agreed that the semi-nomadic First Nation, a group of six aboriginal bands, had title to lands. The case was considered a game changer for many First Nations in land disputes.

“My view is that we have a legitimate plaintiff, that we have a legitimate claim, and that we should have it treated in a legitimate way,” said Swinwood.

epayne@ottawacitizen.com

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