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Fort Frances concerned about power dam lawsuit

Town has been in litigation for years with Couchiching First Nation

FORT FRANCES, Ont. -- Town council in Fort Frances will hold a special meeting Tuesday night to discuss ongoing litigation over a land dispute with the nearby Couchiching First Nation and three other area First Nations.

A portion of the meeting will be conducted in camera. 

It comes on the heels of the town's disclosure that a lawsuit has been started over the operation of a local, privately-operated power dam.

According to a newsletter distributed to Fort Frances residents, Couchiching has started an action "against the owners of the dam that seeks an injunction to stop the operation of the dam." The notice says "this action could have significant impacts on homes, businesses and other stakeholders...(and) could also affect the town's longstanding power agreement."  

Fort Frances has been embroiled in a dispute with area First Nations for years over the fate of Point Park at the eastern end of the town, adjacent to Couchiching First Nation.

The First Nations say the park is on land originally designated part of their reserve, and want it returned to their control. 

Fort Frances maintains the property was legally surrendered for its use as a park in 1908.

In 2010, after the expiry of a 99-year lease for the park with the federal government, a Thunder Bay court ordered that it remain in the town's possession pending a final decision on ownership.  

The First Nations began a series of legal actions involving Canada, Ontario and Fort Frances in 1998.

In March of this year, Couchiching, Mitaanjigamiing, Naicatchewenin and Nigigoonsiminikaaning First Nations announced they had reached a settlement with Canada and Ontario over claims related to lands known as "Agency One Reserve."

However, the settlement did not change the status of the park and some nearby roads.

The First Nations, in information posted online, say they want the town to recognize their ownership, and say they will then commit "to share the park lands with the town, and to always welcome all people to use and enjoy them."

The message says that the parties would work together to manage the park and share the operating costs, and that "utilities, roads, etc. would continue on as they are."

In exchange, the First Nations say they "would expect the town to stop suing us over the park" and drop a motion related to court costs.

"It's a generous offer and the best path towards reconciliation. And it's so much better than spending millions of dollars on lawyers to fight this out in court," the message states.

The town's recent newsletter outlines the history of the controversy, and says the town has made numerous attempts to settle.

"The town's proposals," the newsletter says, "to date have been rejected, however, the town will continue to seek solutions that will preserve the park use as it has existed for over a hundred years." 

Neither First Nations nor town officials were available for on-the-record interviews.

Online, however, the First Nations say they wrote the town earlier this month suggesting that a public meeting be held "so that everyone could participate" in a discussion.



Gary Rinne

About the Author: Gary Rinne

Born and raised in Thunder Bay, Gary started part-time at Tbnewswatch in 2016 after retiring from the CBC
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