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December 5, 2008 Download NEWS RELEASE December 8, 2008 NEWS RELEASE Canadian Government Continues to Fail Hope Bay Cottagers “All Canadians should be outraged that their federal government has assumed no accountability in the fiasco at Hope Bay, in which 68 families lost significant emotional and financial investments in their cottages,” says Karen McCulloch, a spokeperson for the Hope Bay Cottagers’ Group. The group alleges that the government withheld vital information from the cottagers and failed to properly manage leasing of the Hope Bay lands. Beginning in the 1960s, lots on Cape Croker Reserve (Neyaashiinigmiing Indian Reserve No. 27) at Hope Bay, in the Bruce Peninsula of Ontario, were leased for cottage purposes. As required by the Indian Act, the leases were with the federal government, Indian and Northern Affairs Canada. The leases required the cottagers to build cottages on their leased lots and provided that cottagers would be given 12 months advance notice and an opportunity to remove their buildings if leasing ended. The cottagers built, sold, purchased and invested in their cottages through to 2006 on the understanding that the buildings belonged to them. Two years ago this week, without forewarning, Indian and Northern Affairs Canada sent letters to the cottagers notifying them that they could no longer use and occupy the land and that it was the view of the First Nation that the cottages and other outbuildings and fixtures formed part of the reserve and the cottagers would not be allowed to remove them. “Cottagers were not given this information until December 2006, despite the fact that Indian Affairs had known of an ownership claim to the buildings by the Chippewas of Nawash since at least the spring of 2006, and possibly for over a year,” says McCulloch. Two years ago this week, the cottagers received unexpected notice to make appointments to begin logistically, physically, and emotionally difficult processes of removing what belongings they could, over the holiday season and in winter weather. Over a year later, with no access to cottages, no new lease, no compensation, little opportunity for dialogue, and no progress towards a resolution, McCulloch says the cottagers felt forced to launch litigation against the Crown and the Chippewas of Nawash in order to move forward. The cottagers are asking that the Crown be held accountable by compensating them. McCulloch says, “The cottagers remain open to dialogue, and a resolution outside of the court.” What happened between the federal government and the First Nation to bring leasing to a sudden end remains a mystery to the cottagers. The Hope Bay Cottagers’ Group is asking citizens to let their M.P.s and Prime Minister Stephen Harper know “that Canadians need to be able to trust doing business with their own government and that we expect our government to admit mistakes and act responsibly to resolve them.” Hope Bay Cottagers Dispute Key Arguments in Statements of Defence Hope
Bay cottagers say they are surprised by the Statements of Defence. The
other
parties make sweeping allegations about the condition of the cottages
and raise
environmental concerns, issues which were never raised by the First
Nation or
INAC with the cottagers while they were still at
Hope Bay. Cottagers
always understood they leased the reserve land of the Chippewas of
Nawash under
leases with Indian and Northern Affairs Canada but owned the cottages
they had built
or purchased. “As owners, the cottagers maintained our buildings in
good
condition,” says a representative of the group, Karen McCulloch. Leases
for cottage lots in the Hope Bay Subdivision in the Bruce Peninsula,
Ontario,
began in the 1960s. In recent years, there were several cottage
renovations and
additions, and a new cottage was built. On
one cottage, a new roof was installed in September
2006, in full
anticipation of a new lease being issued. Indian
Affairs became aware of an ownership issue over the buildings sometime
before the
May to October 2006 permits were issued, but did not inform the
cottagers at
that time. The Chippewas of Nawash installed a gate at the end of
October 2006
blocking access to the cottages. Cottagers
were shocked in December 2006 to receive a letter from Indian Affairs
telling
them they no longer had rights to use or occupy the land; they had
until
January 31, 2007, to remove belongings; and that they could not remove
the
buildings as it was the view of the First Nation that the buildings now
formed
part of the reserve. Cottagers
stand by the claim they filed with the Ontario Court that they were
entitled to
12-months notice if leasing were to end and an opportunity to remove
the
buildings. The notice and opportunity were not provided. The First
Nation is
claiming that cottages became part of the reserve as a result of
cottagers not
removing the buildings 30 days after the lease expired in 1995. That
lease,
covering 1993 – 1995, was given retroactively to cottagers in 1996.
Cottagers
claim that since that time they were led to believe by Indian Affairs,
in both
verbal and written communications, that a new agreement would be
provided, even
if it was delayed, as it was previously. Cottagers
remained on the land and continued to pay annual rent to
the federal government for the benefit of the Chippewas of Nawash and
annual
service fees directly to the First Nation. Lawyers
for the Hope Bay cottage owners are now reviewing the Statements of
Defence
(see attached Claim and Statements of Defence). For
more information contact Karen McCulloch, Hope Bay Cottagers’ Group,
519-886-7536, (cell) 519-590-7536. February 21, 2008 N E W S R E L
E A S E Hope
Bay Cottagers Launch $50-Million Suit Against Federal Government and
First
Nation TORONTO
- A group of 60 cottage owners from Hope Bay, Ontario, has launched a
$50-million
civil suit against the Government of Canada, and the Chippewas of
Nawash First
Nation and Band Council. The suit has
been filed with the Ontario Superior Court of Justice and claims
general
damages of $40 million and punitive damages of $10 million, along with
costs. The
cottagers are part of a group who in December 2006 were abruptly
informed by the
federal Department of Indian and Northern Affairs (INAC) that they had
to vacate
their cottages on leased First Nation land by January 31, 2007, and
that the
First Nation was claiming ownership of the cottages. This
is despite the fact that the cottagers were given assurances
by INAC that new leases, which would extend to 2015, were forthcoming. This is also despite the fact that the
cottagers’ previous leases provided for 12-months notice to remove
their
buildings if leasing arrangements were to end. The
statement of claim notes that “INAC and the Band wrongfully denied the
Cottagers’ rights to remove their cottages, or, in the alternative,
receive
compensation for their cottages, particularly given that, under the
terms of
the Leases, INAC and the Band required the cottages to be constructed
in the
first place.” It also
states that “the misconduct of INAC in dealing with the cottagers…was
deliberate, callous, exhibited bad faith and took place over a long
period of
time. Their actions were high handed
and reprehensible, and demonstrated a disregard for the plaintiffs’
rights.” “We have
tried in good faith for more than a year to work with INAC and the Band
Council
to come up with an arrangement to either continue leasing the land, as
in the
past, or provide compensation to owners for our cottages, but this has
been
flatly refused,” says Karen McCulloch, a spokesperson for the cottagers. She adds that the Minister of Indian
Affairs, Chuck Strahl, and the Chief and members of the Band Council
have
refused to meet with representatives of the cottagers. “We had
hoped that a resolution could have been forthcoming that was fair to
everyone
as the cottagers had enjoyed a good relationship with the Band until
2006,” Ms.
McCulloch says. “But obviously that was
not to be, and we have no choice but to launch a lawsuit.
We are appalled by the way we have been
treated. As a result of years of
mismanagement by the Department of Indian Affairs, 68 families have
lost the
use of their summer homes, and have suffered great emotional and
financial
distress as a result.” Please
see Statement of Claim sent as a separate
attachment. Jeff
Cowan or Jill Dougherty, WierFoulds LLP Barristers & Solicitors,
416-365-1110 November 1, 2007 N E W S R E L E A S E Cottage Owners Furious Over Leasing Mismanagement at Hope Bay TORONTO - A group of cottage owners from Hope Bay, Ontario, are outraged that after a year without access to their cottages the federal government has refused to take responsibility for its own ineptitude in handling the leasing of the cottage lands. Last week the government indicated that it would not provide compensation to the 68 cottage families who have lost their buildings as a result of bungling by the Department of Indian Affairs. “We are furious that our own government has let us down so badly,” says a representative of the cottage owners, Karen McCulloch. A group of the Hope Bay cottage owners are drawing attention to their plight at a protest this morning in front of the Ontario office of the federal Department of Indian Affairs on St. Clair Avenue East in Toronto. Since the mid-1960s, cottage lots at Hope Bay on the Cape Croker Reserve have been leased by the Department of Indian Affairs for the financial benefit of the First Nation. Lease agreements between Indian Affairs and cottage owners required lessees to build structures (cottages) and provided for 12 months notice and an opportunity to remove buildings if leasing were to end. The most recent lease between Indian Affairs and the cottage owners expired in 1995. Over the years, cottage owners were assured by representatives of Indian Affairs that new leases were coming. Some cottagers were provided with draft leases extending to 2015. In the meantime, Indian Affairs continued to collect rent on the cottage lands and the Chippewas of the Nawash Band continued to collect service fees - for such things as fire protection, garbage collection and road maintenance. On November 1, 2006, a gate installed at the road entrance to the cottages was locked shut, preventing access by cottage owners to their buildings. The following month Indian Affairs sent letters advising the cottagers that they no longer had the right to use and occupy the land and had until January 31, 2007, to make arrangements with the First Nation to remove their belongings. Further, the letter stated that First Nation viewed the cottages as part of the reserve and cottage owners could not remove the cottages that they had built or purchased. “Indian Affairs did not abide by terms of the lease agreement and are refusing to be accountable,” Ms. McCulloch says. “After a year of trying to work with the government to come up with an arrangement to either continue leasing or provide compensation to owners for their cottages, Indian Affairs is forcing us into litigation if we want any justice for what has been done to us.” The Minister of Indian Affairs, Chuck Strahl, has refused to meet with representatives of the cottagers. Cottagers are further incensed by information obtained recently under the Access to Information Act. It reveals that Indian Affairs knew by the spring of 2006 that the First Nation intended to claim ownership of the buildings. Indian Affairs also acknowledged at that time that cottagers would rely on clauses of the last lease for notice and an opportunity to remove buildings. Then in September 2006, the federal Department of Justice informed the Band Council’s lawyer that the government felt “obliged” to advise the cottagers of the First Nation’s position on ownership of the cottages. Still, Indian Affairs chose not to convey the crucial information to cottagers until its December letter, one month after the First Nation had blocked access to the cottages. “The situation is absolutely disgusting. Cottage owners have been shafted by our own government,” Ms. McCulloch says. “As a result of years of mismanagement by the Department of Indian Affairs, 68 families have lost their summer homes.” June
6, 2007 The cottage owners of Hope Bay do not think much of the offer that Indian and Northern Affairs Canada (INAC) has presented to them, and neither are they impressed with comments from an INAC spokesperson that the “Government of Canada prefers the resolution of issues through meaningful discussions,” as was recently quoted in the news media. “We’ve been asking for long-term leases or compensation from INAC, but over the past six months we’ve only been able to get two meetings and have been offered absolutely nothing of any substance,” says Karen McCulloch, spokesperson for the cottage owners. “This is hardly what we consider meaningful discussions. INAC has not committed to anything except more foot dragging. They tell us they want to undertake fact finding, which is just another stall tactic that they admit could take another six months or more. INAC has the facts in their files, and the cottage owners provided INAC with facts in a brief last March – it’s time for a commitment.” Cottagers received letters from INAC last fall telling them they had until the end of January to remove their belongings from the cottages they had been forced to leave. The First Nation owns the cottage lands at Hope Bay and has been leasing land to the cottage owners, through INAC, since the late 1960s. Ms. McCulloch says some of the cottagers want long-term leases and a recognition that they own their cottages, while others are so fed up that they want compensation for the cottages they’ve been forced to vacate. The cottagers argue that they are owed compensation because their last lease indicated they would have the opportunity to remove buildings if leasing ended, an opportunity that was not granted to them. They also believe that INAC has seriously bungled the leasing process for several years. The last lease that INAC managed to arrange was provided to the cottagers a full year after it had expired. Further, cottagers were informed by INAC that a 20 year lease was being developed. Ms. McCulloch says many cottagers are worried about the condition of their cottages. “Now that we are approaching summer our cottages need tending. We need to undertake routine repairs as a result of winter weather, to clear windfall, check for rodents, ventilate our buildings to prevent mold formation, and so on. But we have no access” She says its past time for INAC to step up to the plate and make a commitment to compensate cottagers or arrange new leases. “We would like to see a quick resolution to this issue. Many of us would very much like to return to our cottages and to the positive, neighbourly relations we have shared for decades with the First Nation.”
NEWS RELEASE HOPE BAY COTTAGE OWNERS FED UP WITH GOVERNMENT INACTIONWith
the 2007 cottage season beginning, the cottage owners of Hope Bay,
Ontario are
still in limbo. After months of
patiently waiting for Indian and Northern Affairs Canada (INAC) to
resolve
their dilemma, the cottage owners find themselves no further ahead than
they
were last fall. They are extremely
upset with INAC’s lack of progress. The
cottagers waited three months between a first meeting on February 8 and
a
subsequent meeting on May 9 for INAC to work with the Chippewas of
Nawash to
develop a solution to the situation. At the May 9 meeting,
the reply
from INAC was that they wanted more time to collect more information. “The
cottage owners are fed up with the government’s
foot dragging,” says Karen McCulloch, spokesperson for the cottage
owners. “We agreed to good faith
discussions, but
INAC has been stalling and will not commit to helping us in any
meaningful
way.” “There
is no question that the land belongs to the First Nation and it is
their
decision as to whether or not they wish to continue leasing, “Ms.
McCulloch
says. “We either want new long-term leases or compensation from the
government
for our cottages.” “We
understand that the band council is also frustrated in its dealings
with INAC,”
Ms. McCulloch says. Over
the past several months representatives of the cottage owners and their
lawyer
have been trying to meet with representatives of the First Nation Band
Council
and its lawyer. The Band Council has not responded to the offer for
direct
dialogue. With
no resolution to the Hope Bay cottage situation the cottage owners will
not
have access to their cottages this summer and the band council will
lose
revenues from leasing the lands the cottages are on. Last December, the federal government ordered the 68 cottage owners to clear out of their cottages by the end of January. The cottage owners have leased the First Nation land through INAC and built cottages at Hope Bay on the Bruce Peninsula since the late 1960s. The most recent lease was given to cottagers in 1996, one year after it already had expired. After that, the federal government continued to collect annual rent for the land while leading cottagers to believe that another new lease would be coming. The most recent lease indicated that in the event that the land would not be available for cottage leases, lessees would be given at least 12 months notice to remove their buildings. The cottage owners were not given such notice nor opportunity to remove buildings and now are unable to have access to their cottages. December 31, 2006 (adapted from December 12, 2006 statement) Cottagers of Hope Bay Subdivision FOR IMMEDIATE RELEASE
Cottage owners on First Nation reserve land at Hope Bay received abrupt notice from the federal government, by registered mail in December, that buildings and other fixtures were being viewed as part of the reserve land and that the First Nation could be contacted to arrange access to “retrieve chattels” by Jan. 31, 2007. The letter came from Indian and Northern Affairs Canada (INAC) with no explanation about what led to a sudden turn of events. Some of the cottagers have been leasing since the 1960s. Based on communications from the Federal government and the whole history of the matter, cottagers believed that leasing of the lots to them would continue on a long-term basis and had no expectation prior to December that they would be required to vacate the cottages. Contracts for leasing lots on reserve lands at Hope Bay were with Her Majesty, represented by the Minister for Indian and Northern Affairs Canada (INAC). Rent for the land was paid yearly to the Receiver General of Canada. Service fees were paid directly to the Chippewa of Nawash for police and fire protection, road maintenance and seasonal garbage pick-up. Cottager, Karen McCulloch, spokesperson for
the group of approximately 70 families with cottages at Hope Bay said,
“We
would like to know whether the First Nation’s preference is a
resolution to
continue a relationship with cottagers or whether they would prefer to
discontinue having seasonal cottagers. If they would like to continue,
on what
basis can it be done?" Cottagers
would like a meeting
with the First Nation to see how matters can be resolved in a fair,
respectful,
non-confrontational manner. December 17, 2006 Cottagers of Hope Bay
Subdivision December 12, 2006 Cottagers of Hope Bay Subdivision FOR IMMEDIATE RELEASE Cottagers on First Nation reserve land at Hope Bay received abrupt notice from the federal government, by registered mail in December, that buildings and other fixtures were being viewed as part of the reserve land and that the First Nation could be contacted to arrange access to “retrieve chattels” by Jan. 31, 2007. The letter came from Indian and Northern Affairs Canada with no further information about what led to a sudden turn of events. Contracts for renting lots on reserve lands at Hope Bay were with Her Majesty, represented by the Minister for Indian and Northern Affairs Canada (INAC). Rent for the land was paid yearly to the Receiver General of Canada and service fees were paid directly to the Chippewa of Nawash for police and fire protection, road maintenance and seasonal garbage pick-up. Some of the cottagers have been leasing since 1968. Based on communications from the Federal government and the whole history of the matter, the cottagers believed that the leasing of the lots to them would continue on a long-term basis and did not expect that they would be required to vacate the cottages. Cottager, Karen McCulloch,
spokesperson for
the group of approximately 70 Hope Bay cottagers said, “Our basic
question is
whether the First Nation’s preference is a resolution to continue a
relationship with cottagers or whether they would prefer to discontinue
having
seasonal cottagers. If they would like to continue, on what basis can
it be
done?" Cottagers would like a meeting with the First
Nation to see what has led to this and how matters can be resolved in a
respectful, non-confrontational manner. Cottagers
have had a good relationship with the First Nation and McCulloch
stressed, “It
is our greatest hope to continue that”. In the meantime, INAC's January
31
deadline to remove chattels is presenting a problem. Cottagers
include seniors, some of whom are not in good health.
Others live out of the country or spend winter out of the country. Many
had
hoped to celebrate the holiday season. Trying to make arrangements on
such
short notice, figure out what to dispose of, where to put another
household
of sentimental items, and move boats
and equipment in snow and uncertain winter weather is very difficult.
At this
time of year, the cottages have no running water and little or no heat
on.
McCulloch said, “The cottagers hope that there is some willingness to
reconsider the January 31st deadline.” December 8, 2006 Hope
Bay Subdivision – Cottagers’ Statement to Media The Hope Bay cottagers, who are
approximately 70 families, have
believed for over a decade as a result of discussions with Indian and
Northern
Affairs Canada (INAC), that a fair and equitable lease agreement would
be
forthcoming. As we have grown concerned with the lack of progress
in
negotiations and communication with the cottagers over this extended
time
period, it is apparent that so have the Chippewas of Nawash Band and
Council.
It now, unfortunately for both the cottagers and Band, has created the
current
situation where both parties are not sure what the future holds. The
cottagers
are hopeful that since this situation has escalated, a meaningful
discussion
and negotiation can achieve a positive resolution for all parties
involved. The
cottagers wish to continue the successful relationship they have
enjoyed with
the First Nation for the past 40 years.
December
6, 2006 IMMEDIATE RELEASE Hope Bay subdivision project ended
The Chippewas of Nawash Unceded First
Nation designated a portion of our reserve land known as the Hope Bay
Subdivision for leasing to non-members of our First Nation from 1965 to
1995.
While this designation was in effect, the Department of Indian and
Northern
Affairs was able to lease that lnad for our benefit. There has not been
a
subsequent designation of the Hope Bay Subdivision land.
Under the Indian Act, there are only a very limited number of ways that
a
non-member of the First Nation can have a legal right or interest in
reserve
lands. A lease of designated land is one. Another is through a
ministerial
permit.
Last spring, an agreement was reached between
the First Nation and the Department of Indian and Noerthern Affairs to
offer a
permit to the non-member cottagers for the summer. The
agreement was intended
to offer a legal way for non-members to use the reserve land for the
summer,
but also respect the legal reality that this is unceded reserve land.
The
cottagers were informed at the time that there was no designation of
the land
and that the Crown could not offer them any legal rights to the land to
the
land after the end of the permits.
The permits all expired on October 31, 2006
and the land is again reserve land, free from any non-member permits.
The
Department of Indian and Northern Affairs Canada, with the advice of
the
Department of justice, are of the view that fixtures upon reserve land
become
part of the reserve land, and the First Nation agrees with them.
The First Nation will be assessing the land
and fixtures on the land as soon as possible. Over the winter, the Band
council
hopes to consider future use of possible designation of the land. Any
decisions
on this matter will be based on what the Band Council and the First
Nation
believes is in our best interest.
Many of the cottagers have ignored the end
of the permits and have left personal property on the reserve land. The
Crown
and the First Nation are making arrangements to allow former cottagers
to
access the reserve land for the purpose of retrieving their personal
property. The cottagers are advised to contact Gail Nadjiwan at (519)
534-xxxx
at the Band Council Administration office to arrange a time.
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