Serpent River First Nation is seeking a judicial review from the Superior Court of Ontario for the Spine Rd. Development planned by the City of Elliot Lake.
Chief Isadore Day said the city did not adequately consult with the nearby First Nation before approving the development project, the first phase of which includes condos geared towards retirees situated near the municipally owned Spine Beach.
“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,” Day said in a news release. “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.”
Day said the city has recognized that the land set aside for the development contains burial mounds, but without engaging the First Nation, the city is “circumventing the voice and the legal rights of our First Nation to be meaningfully engaged.”
The judicial review, which is expected to start in an few months, will examine the oversight by the Crown and the municipality of not adhering to the requirements of the Planning Act, the Municipal Act and the Constitution Act, 1982, Day said.
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