Kapyong transfer invalid, court rules
Wed Sep 30, 2:08 PM
WINNIPEG (CBC) - The transfer of a former military base in suburban Winnipeg to a Crown corporation for redevelopment and sale has been declared invalid, a Federal Court judge ruled Wednesday.
The 90-hectare parcel of land along Kenaston Boulevard, known as Kapyong Barracks, was the former site of 350 homes for soldiers and their families.
The base closed and has been vacant since 2004 when the 2nd Battalion, Princess Patricia's Canadian Light Infantry, relocated to CFB Shilo near Brandon, Man.
In a ruling made public Wednesday, Justice Douglas Campbell said the federal government didn't do enough consultation with First Nations groups over the future use of the land before transferring it to the Canada Lands Corp., which would redevelop and sell the land.
In his ruling, Campbell called Kapyong "prime land for commercial development."
Lawyers for the government argued they had no duty to consult with the First Nations groups when decisions about the future of Kapyong were made. The court disagreed.
"While the record discloses that some dialogue took place about the disposition of the Kapyong Barracks ... it also establishes that from the beginning to the end of the decision making with respect to the lands, it is clear that Canada had no intention to grant any meaningful consultation," Campbell said.
The decision marks a legal victory for a group of Manitoba First Nations communities that have been embroiled in a legal battle over the land.
Seven First Nations groups had argued the federal government should have used the property to settle outstanding land claims. They want the land to develop housing and native-owned enterprises.
Norman Boudreau, lawyer for the communities, said the ruling paves the way for the potential acquisition of some or all of the Kapyong land.
"What this says that Canada has to sit down with the First Nations, and consult with the First Nations as to what is it that they want to do with the property," Boudreau said.
Boudreau said the First Nations would be meeting internally to discuss their legal victory and then would likely instruct their lawyers to meet with federal lawyers to work out a plan for future steps.
Wednesday's court order also orders the government to pay the aboriginal groups' legal costs.