First Nation Files Suit Claiming Aboriginal Title to Lands in Western Quebec

A First Nation in Quebec has filed a title claim to lands in the western part of the province and is seeking billions of dollars in damages from governments and Crown corporations.

Kitigan Zibi Anishinabeg First Nation Chief Jean-Guy Whiteduck said his people want to have a say in how water, wildlife, and forestry are managed in their traditional territory. Kitigan Zibi Anishinabeg is located near Maniwaki, Que., on the shores of the Gatineau River.

The aboriginal title claim lawsuit, filed in the Quebec Superior Court is looking for a ruling about eight land titles, which includes islands in the Ottawa River; Gatineau park and adjoining lands in the city of Gatineau; two harvesting zones in the Gatineau regional county; the Papineau-Labelle wildlife reserve; and the Baskatong Reservoir along with other nearby areas that experienced flooding during the establishment of a hydroelectric dam in 1927.

Whiteduck said the First Nation is not seeking to dislodge private landowners, noting the lawsuit only includes land that the government owns or manages.

The lawsuit is also asking for $5 billion in damages from Canada, Quebec, Hydro-Québec, and the Crown corporation responsible for the National Capital Region. The First Nation is also asking the court to rule that the Crown has breached promises made to their ancestors in the Treaty of Swegatchy of 1760 and the Royal Proclamation of 1763.

Provincial and federal indigenous relations representatives were not immediately available for comment about the lawsuit.

The court case follows a recent ruling by the B.C. Supreme Court that said previous land grants issued by federal and provincial governments were “invalid” and violated the land title held by Cowichan Tribes’ historical ownership, including land currently owned by individuals and businesses. The provincial and federal governments are appealing the ruling.

BC Supreme Court Ruling

The Cowichan Tribes ruling was handed down by the B.C. Supreme court on Aug. 7. The decision impacts private land owned in Richmond, B.C.

Premier David Eby said the decision has created uncertainty about how indigenous title relates to private property and needs to be clarified. He has said it is important that the appeal court make a decision based on evidence, and implications for the region.

The lawsuit was originally filed by the Cowichan Tribes in 2019. The claims were opposed by Musqueam and Tsawwassen First Nations, the federal and provincial governments, the City of Richmond, and the Vancouver Fraser Port Authority in a case that included a 513 day trial.

Richmond Mayor Malcolm Brodie has previously said the ruling will impact dozens, if not hundreds of people. His municipality delivered between 125 and 150 individual notices to owners that may be impacted. It included a note that said Richmond would make legal arguments that “Aboriginal title and fee simple title cannot co-exist over the same lands.”

Brodie said he believed the appeals court would reverse the decision, but it could take up to two years.

Jennifer Cowan and The Canadian Press contributed to this article.