Staff
A Superior Court of Justice hearing regarding the “two-chain shore allowance” wrapped up at the Fort Frances Courthouse last Thursday evening, but it could be a while before any ruling is made.
The hearing, which started Feb. 19, saw counsel for the plaintiffs—Couchiching, Naicatchewenin, Nigigoonsiminikaaning (formerly Nicickousemencaning), and Mitaanjigamiing (formerly Stanjikoming)—as well as the defendants—the Attorney General of Canada, Her Majesty the Queen in Right of Ontario, and the Corp. of the Town of Fort Frances—present their cases before Justice John Fregeau.
Justice Fregeau now will review the submissions.
It’s not known how long this will take, but one hearing participant said Thursday it could be months before a decision is delivered.
As previously reported, the four bands are seeking compensation for the 33.9 acres of Couchiching land which Highway 11 was built upon decades ago.
The province and federal Department of Indian Affairs originally negotiated an exchange of the 44.5 acres within what’s historically known as the “two-chain shore allowance.”
The bands have said this original survey of the “two-chain shore allowance” land was done erroneously because the surveyor commissioned to survey the neighbouring Agency #1 reserve back in 1876 included land that already was part of the Couchiching reserve.
As well, dam construction in the early 1900s meant only nine acres of the original 44.5 acres exists.
The plaintiffs are looking for a declaration that the lands referred to in the “two-chain allowance” form part of the Agency #1 reserve.
The defendants, meanwhile, are asking the action be dismissed with costs, arguing the two-chain strip never formed a part of the land agreed to for bands of Treaty #3, as part of the Agency #1 reserve, or otherwise.
They also say the two-chain strip is a public highway vested in the Town of Fort Frances.
