Northern Ont. city gives land back to nearby First Nation in spirit of reconciliation

The City of Elliot Lake has transferred four acres of waterfront property back to Serpent River First Nation in northern Ontario.

The transfer of land from a northern Ontario town to a nearby First Nation community is a step closer to reality, but completing the process could still take several years.

It started in July 2022, when the previous Elliot Lake city council approved the return of four acres of waterfront property to Serpent River First Nation.

Land transfer approved

The new council unanimously approved the purchase of sale at Monday night’s meeting.

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“Previous council did pass a resolution that we would transfer or otherwise sell for nominal value to Serpent River First Nation, in the interest of reconciliation and economic and community development and socio-cultural service delivery, the property we refer to as a former MNR site,” the city’s economic development manager Steve Antunes said at the council meeting.

The parcel of land located 27 kilometres south of the municipality and once used by the Ontario Ministry of Natural Resources was sold for $1.

“The only reason we had to have a dollar on there is, as part of the contract, there had to be consideration,” Antunes told CTV News in a video interview Tuesday.

It is part of the Robinson-Huron Treaty land that was transferred to the City of Elliot Lake in 2003.

“We’ve been working with our council and the administrative team at Serpent River First Nation to enact the transfer and although it has been lengthy, tonight, in front of you is the agreement of purchase of sale to enact this transfer and move back towards returning those lands to Serpent River,” Antunes said.

“I’m not sure if we’re the only community that’s done this but we’re one of the very few communities that have done this in Canada. And very proud to be with this council and be a part of that.”

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The move is being done in the spirit of reconciliation and being good neighbours, several city council members said at Monday’s meeting.

Don’t own their own land

Because Indigenous Peoples in Canada are “not technically allowed to own land,” the property is first being sold to the First Nation’s land holding company, he said.

“The Indian Act of 1876 officially banned First Nations people from land ownership and eventually allowed companies to extract resources on reserve land for nominal or no consideration at all,” the Assembly of First Nations' website reads.

“Land is a fundamental asset for sustainable economic development for First Nations, and land rights are critical for self-determination.”

• READ: Former Serpent River chief on what ‘land back’ means

Indigenous land is held by the Crown and now, Serpent River must go through a federal government process to add the parcel to the existing reserve.

Antunes said this process could take between five to seven years.

In the interim, the company, Serpent River First Nation Land Holding Inc., will be subject to property tax on the land until the Addition to Reserve process is complete.

Since 2011, 14 First Nations in Ontario have received approval for additions to their reserves totaling 6,441 acres. It is unclear where the land was transferred from.

In that same time period, 13 Ontario reserves had 50,857 acres added due to the government’s legal obligation and 9,618 acres were used to create a new reserve in 2018 called Missanabie Cree.

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CTV News has reached out to Indigenous Services Canada for comment and is awaiting a reply.

Land development in Elliot Lake

Serpent River has also purchased additional property in Elliot Lake to build more than 20 townhomes for rental use.

“They’re going to build 23 homes and for us in Elliot Lake and that that helps provide housing capacity for us in the municipality,” Antunes said.

“It’s likely going to be a $15- to $17-million development process possibly, which is one of the biggest developments we’ve seen in the community probably in 25 or 30 years.”

The units will open to both Indigenous and non-Indigenous people to rent.