First Nations building positive relationships

Hey there, time traveller!
This article was published 12/07/2019 (2303 days ago), so information in it may no longer be current.

Urban reserves are coming to a community near you. And while the road to get there has been — and will continue to be — difficult and bumpy, there are benefits to participating First Nations and the communities that agree to them.

Last month, the federal government officially approved a piece of land owned by Gambler First Nation in Brandon for urban reserve status. A letter dated June 22 from the Privy Council, posted to the First Nation’s Facebook page, designates the land within City of Brandon limits as a reserve, giving the First Nation the go-ahead to start building on the land.

As The Sun has reported, Gambler plans to build a variety of buildings on the property, including a gas station, a hotel, several retail spaces and possibly a gaming centre with VLTs.

While the First Nation has successfully navigated the federal Addition To Reserve (ATR) process, problematic internal politics and a public relations nightmare over a mix-up in emailed renderings of the plans for the urban reserve have caused considerable havoc for both Gambler and the City of Brandon.

The matter of who is the chief of Gambler First Nation seems to be a lingering question as another band member — Gordon Ledoux, the brother of de-facto chief David LeDoux — claims that he is legally entitled to the position.

David LeDoux was elected chief on May 31, 2018. Gordon Ledoux appealed this outcome, citing unspecified “cheating” in conversation with The Sun, which resulted in the First Nation’s election committee ordering a second election. Gordon Ledoux won this second election, which was held on Aug. 31, 2018. Adam Touet, David LeDoux’s lawyer, maintains the legitimacy of the first election and that his client is the chief.

Before this second election, on Aug. 13, 2018, David LeDoux and the other councillors elected in the first election filed an application for judicial review to decide who the chief is. In a March 27, 2019 decision on part of that ongoing case, Justice William Pentney said David LeDoux continued to act as chief after the second election and remains in day-to-day control of the First Nation’s operations and bank account.

As we report today, the case is still before the courts. But it’s a mess that the City of Brandon apparently did not realize it was stepping into. City of Brandon officials also stepped in it when it came to sending out a rendering of a plan that suggested a gaming centre was in the offing for the property — one that David LeDoux used as a plank in his election campaign.

Ultimately we can only hope this gets sorted out for the benefit of this tiny First Nation because there is good business to be had in Brandon if they can get it together. And both competing brothers seem to understand this — but they’re in the middle of a family feud, which is marring the process.

We also believe Brandon Mayor Rick Chrest has faith that Gambler First Nation will abide by the municipal services agreement the two parties signed together, and that a casino won’t be built on the property against the City of Brandon’s wishes.

“In spite of what anybody is asserting may have been discussed, may have been ever their intention, kind of is all moot because that really has been culminated in an actual legal (municipal services) agreement,” Chrest told The Sun some weeks ago.

But that does not negate the possibility of a gaming facility, which is the real question at hand. Whatever the case, both the city and Gambler First Nation stand to benefit from this multimillion-dollar development.

Interestingly, there is another First Nation development developing right on Brandon’s doorstep, in the RM of Elton on land now owned by Waywayseecappo First Nation. In fact, construction has already started on what may well be a gas station and convenience store.

Or more — we just don’t know. The RM of Elton office and Reeve Ross Farley were uncertain as to the kind of development Waywayseecappo is planning.

Keep in mind, Waywayseecappo was one of three First Nations — along with Keeseekoowenin and Rolling River — that had banded together to purchase this land along the Trans-Canada Highway to win the right to build a First Nation-owned casino. Following a dispute with the Assembly of Manitoba Chiefs regarding what percentage of revenue this consortium would enjoy before the rest was divvied up between the other AMC member First Nations, the AMC pulled the casino licence and gave it to Swan Lake First Nation, and what is now Sand Hills Casino near Carberry.

Interestingly, the municipal services agreement signed between the RM of Elton and Waywayseecappo incorporated a conditional use list that would allow for a gaming facility and a lounge, along with several other business endeavours.

Waywayseecappo has already started the ATR process with the federal government, but in the meantime has negotiated an agreement with the RM of Elton to allow it to use the land as if it already had reserve title. We look forward to hearing more about these plans next week from Waywayseecappo Chief Murray Clearsky. While this is not, precisely, an urban reserve in the sense that it falls just outside the city limits, it will essentially enjoy the same benefits due to its proximity to Brandon.

Despite the bumps along the way, we are glad to see that First Nations in Westman are looking to build relationships with local municipal councils for mutual benefit. Better to move forward on a bumpy road than never to move at all.