Appeal boosts Kapyong costs
$2M a year to maintain barracks during legal tussle
By: Mia Rabson Posted: 6/11/2010
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The federal government will be stuck paying $2 million a year to maintain the buildings at the abandoned Kapyong Barracks site while it appeals a court decision requiring it to consult with First Nations before selling the land for new development.
The appeal hearing is scheduled for Tuesday -- more than a year after Justice Douglas Campbell ordered the government to halt the sale of the land until it had properly consulted with two First Nations, Brokenhead and Peguis, on their treaty land entitlements.
Norman Boudreau, lawyer for the bands, told the Free Press he doesn't expect this dispute to end with this appeal no matter the outcome.
"It is a case that is ripe for the Supreme Court," Boudreau said.
When asked to explain the appeal, Defence Minister Peter MacKay's office deferred to department officials. They did not respond to the Free Press by deadline Friday.
So far, it has cost about $2 million a year to maintain the 41 buildings at the Kapyong site, most of which are empty -- and all of which will likely be demolished once the land dispute is sorted out.
Since the base was abandoned in 2004, the bills have come to between $10 and $12 million. When Ottawa agreed to sell the land in 2007 to Canada Lands Company, the price tag was $8.6 million.
Meanwhile, in Ottawa, the government just reached a negotiated settlement with First Nations over a land claim on another abandoned military base.
That claim, involving the land occupied by the former Canadian Forces Base Rockcliffe, was settled in September with Ottawa agreeing to allow the Algonquins to participate in the redevelopment of the site with the Canada Lands Company.
CLC is the Crown corporation that buys and redevelops surplus federal land. It planned to redevelop the sites in both Winnipeg and Ottawa -- considered prime real estate -- into innovative eco-communities with a mix of housing, business and green space.
The land claims in both cases caused CLC to close up shop on the redevelopments until a settlement was reached.
Rockcliffe was finally vacated in 2005. Kapyong has been empty since 2004.
Boudreau said the two claims are not the same, noting the federal government has always agreed to negotiate with the Algonquins on their land claim, which includes 3.5-million hectares in and around Ottawa.
"The government has not even recognized a duty to consult on Kapyong," Boudreau said.
That's why the Algonquins did not have to go to court to halt the sale of Rockcliffe like the Treaty One First Nations in Manitoba did.
In the years since the judge ordered the consultations, not a single discussion has taken place between Ottawa and the First Nations because of the legal claim and appeal.
Ottawa has argued the bands gave up their claims to surplus federal lands by accepting financial compensation.
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