Serpent River First Nation seeks judicial review

NEWS RELEASE

SERPENT RIVER
FIRST NATION

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Serpent River First Nation seeks judicial review

Serpent River First Nation Chief and Council have made application at the Divisional Branch of the Superior Court of Ontario for an application of a Judicial Review for the Spine Road Development approved by the City of Elliot Lake on December 13, 2010.

“The levels, layers and complex history of municipal jurisdiction must be clarified as it pertains to the unconstitutional infringements on inherent and treaty rights of First Nations in Ontario. There are far too many examples of First Nations not having a say in planning processes on lands within municipal boundaries where there are heritage and culturally significant values. We want to legally address both issues of process and procedural steps taken on specific identified areas in the City of Elliot Lake,” says Isadore Day (pictured), the chief of Serpent River First Nation.

Serpent River First Nation is opposing the decision by the City to allow the development of the lands and Chief and Council are adamant that the municipality does not speak for them.

 “The City's decision to set aside lands recognized by the City as containing burial mounds was made without engaging and consulting the First Nation, to me this is circumventing the voice and the legal rights of our First Nation to be meaningfully engaged," says Chief Isadore Day, Wiindawtegowinini.

The purpose of the Judicial Review is to have a reconsideration on the oversight by the Crown and the municipality of the City of Elliot Lake by not adhering to the requirements of the Planning Act, the Municipal Act and the Constitution Act, 1982. 

Serpent River First Nation is intending to shed legal criticism on the lack of a proper consultation process.

“When the City of Elliot Lake unilaterally made decisions not to inform the First Nation community of their decision and then later appealed on behalf of our First Nation on their archaeological findings; the City of Elliot Lake placed into question their action as well as the legal rights of our First Nation,” says Chief Day.

The Chief says that what makes this complex is that the city has no right to determine the level of scope and detail of their concerns and how to mitigate those concerns.

Serpent River First Nation fully advocates for jurisdiction and control of their treaty lands by employing the laws on Consultation; Accommodation and Free, Prior and Informed Consent. 

Chief Isadore Day, Wiindawtegowinini, has said: "No longer can the City act unilaterally on our behalf. Making a decision that affects our community cannot be done without informing us and engaging us. As First Nations, we have come a long way from the paternalism faced by other jurisdictions, we certainly cannot have a municipal government down-grading our jurisdiction.”

The Judicial review will commence within the next few months and Counsel has prepared a thorough compilation of records and facts to support Serpent River First Nation's constitutional position.

The application to the Divisional Court is seeking a ruling on the improper actions conducted by the Provincial Crown and the City of Elliot Lake. 

The First Nation is seeking to have the Court reset the requirement for the Crown and the city to conduct meaningful consultation and accommodate the First Nations having an actual say and constructive level of participation in reviewing and discussing archaeological considerations.

Clearly, a favoured decision by the Divisional Court may allow the Spine Road Development to start over again in a proper and respectfully manner.

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