April 26, 2000 - Walpole Island

The Walpole Island First Nation today announced that it has filed a Statement of Claim to unextinguished Aboriginal title and rights in the Ontario Superior Court of Justice in Toronto.

In his statement, Chief Joseph Gilbert said: "This is a big step forward for our people. We have always believed that our traditional territory belonged to us." He went on to say that: "After years of preparation, and many discussions with the government that have led nowhere, we believe it is time to take these issues to the Canadian Courts. We have every confidence that the courts will decide in accordance with our claim."

The Walpole Island First Nation, Bkejwanong Territory has formally commenced legal steps to assert its Aboriginal title to the beds of the Great Lakes within its traditional territory. Walpole Island First Nation asserts Aboriginal title to the Canadian portions of Lake St. Clair, the St. Clair River, the Detroit River, the western part of Lake Erie. the southern part of Lake Huron, and the area which was the subject of Treaty 25 on July 8, 1822 (which treaty was not signed by Walpole Island First Nation or its predecessors). See map.

The legal basis of the claim is that the Three Fires Confederacy of the Ojibwa, Odawa and Potawatomi, the ancestors of Walpole Island First Nation exclusively occupied their traditional territory in the area which is now called south-western Ontario at the time of the assertion of British sovereignty (approximately 1760 in the area). Therefore, according to the test set out by the Supreme Court of Canada in Delgamuukw, they had Aboriginal title to their traditional territory, Although Walpole Island First Nation and its predecessors signed a number of treaties, certain parts of Walpole Island First Nation's traditional territory were never subject to any treaty with Walpole Island First Nation. Walpole Island First Nation asserts Aboriginal title in its full force to those parts of its traditional territory.

However, in recognition of the longstanding presence of non-Aboriginal people Walpole Island First Nation has excluded from the territory claimed, any territory which private parties hold in fee simple, claiming instead compensation from Canada and Ontario for such lands.

Further information can be obtained from:

Mr. Dean Jacobs
Executive Director
Walpole Island First Nation Heritage Centre at (519) 627-1475