Hide Article Text (OCR)
Indian leaders give land ruling►By Aldo SantinA Supreme Court of Canada ruling yesterday against an Ontario Indian band’s claim to a 10,000-square-kilo-metre territory garnered mixed reaction from native leaders.Temagami Chief Gary Potts said the ruling forces his people to join a treaty that they oppose.National Chief Ovide Mercredi said the court at the same time loosened the criteria defining aboriginal title, which would ultimately benefit all land claims.But Mercredi blasted the expensive and lengthy court process as alien and unfair to aboriginal people.“Regardless of the appearance of fairness of a Supreme Court decision, it is still a decision based on a white man’s law, Mercredi said from the Assembly of First Nations headquarters in Ottawa.In a brief, unanimous decision, the high court upheld lower court rulings that the Teme-Augama Anishnabai people gave up rights to the land through the .1850 Robinson-Huron Treaty that the band claims it never signed or consented to.The five judges said the natives had aboriginal rights to land. .But they said that the natives surrendered those rights either by signing the treaty—through a third party —or adhering to its provisions by accepting treaty rights of annual federal payments and a reserve.The court also ruled that the Crown breached its obligations to Indians by not complying with some of the treaty provisions. Those breaches are the subject of negotiations between the natives ana the Ontario government.But the court left untouched several major issues surrounding land claims such as the nature of the aboriginal rights that existed and whether provincial law could extinguish them.Potts told The Canadian Press the Supreme Court ruling means his band has to abide by a treaty that was forced on it.“Never in Canadian law or history has a valid treaty been executed in this manner,” Potts said.He claimed a partial victory in that the court recognized the Temagami band once had aboriginal rights.Potts said since the Crown hasn’t lived up to its obligations under the treaty, logging and mining development will remain frozen in the Temagami forest.The long legal battle had stymied development in the disputed area — twice the size of Prince Edward Island — because of uncertainty over who owns it. The outstanding treaty obligations mean there is still a dispute over control of the territory.Potts said his band would respect the ruling and continue talks with the Ontario government over the northeastern Ontario territory.
Newspaper Details
Winnipeg Free Press
Winnipeg, Manitoba, CA
Fri, Aug 16, 1991
Page 3
Full Page
Clipped by
Christopher B.
IA, USA 28 Jul 2019
Other Publications Near Winnipeg, Manitoba
Winnipeg Courrier du Nord Ouest
Winnipeg Tribune
Winnipeg Free Press Sunday
Winnipeg Manitoban
Winnipeg Free Press
