Wauzhushk Onigum First Nation being sued by cottagers over eviction notices
Devils Gap cottagers to challenge eviction in court
By Reg Clayton - September 11, 2007
Frustrated that their attempts to negotiate a new leasing agreement have been unsuccessful, the Devils Gap Cottagers Association is taking legal action against Wauzhushk Onigum First Nation and the Government of Canada. The 33 families face eviction at the end of the year from the recreational properties they’ve leased since the early 1980s. The association contends its members own the actual cottages on the First Nation leased land.
“Our continued negotiation attempts have been rebuffed by both the band leadership and the Department of Indian and Northern Affairs Canada,” stated Reg Wightman, President of the Devil’s Gap Cottagers Association. “As the Dec. 31 deadline quickly approaches, we feel we have no choice but to launch a lawsuit against Indian and Northern Affairs Canada and the Wauzhsuhk Onigum First Nation.”
According to the band’s legal counsel Terry Douglas, the First Nation is not interested in pursuing the matter further.
“Nothing has changed. The cottagers are to vacate the cabins when their lease expires at the end of the calendar year,” Douglas stated.
In a news release issued by the cottagers association Monday, Wightman referred to Band Council Resolutions from previous Wauzhushk Onigum band councils which extended the leasing agreement to 2020.
Among outstanding issues between the band and the cottagers is the matter of back rent dating back nearly five years following a government reassessment of the property’s value which effectively doubled the annual amount paid by the cottagers to $91,000. The association is appealing the assessment by Indian Affairs, which sets leasing rates on behalf of the band for the former CP Rail resort property located south of Devils Gap. The cottagers association disputes the mechanism used to review the property’s value and set the increased leasing rates.
The matter is currently before the federal court according to Kim Gilson, the Winnipeg lawyer representing the association.
“The increase is significant and retroactive for several years,” she said.
Wightman noted the band and Indian Affairs set the revised rent five years ago and the cottagers’ association has been paying the amount annually ever since.
“Three years into the five year renewal period, the band indicated that the amount wasn’t enough,” Wightman stated. “We acknowledged that land values were increasing during that five year period, and were prepared to pay a signing bonus, or back rent if they preferred, in return for the reconfirmation by the band or (Indian Affairs) that we had a new lease beyond 2007.”
He said the two parties met in October 2006 where back rent/signing bonus issue was tentatively resolved. However, Wightman contends that before the lease extension could be discussed, the band leadership adjourned the meeting.
“Our frustration isn’t only with Chief (Ken) Skead, but with (Indian Affairs)’s role in the process as well. While appearing to be helpful over the years, the changing (Indian Affairs) participants and their negligence in handling this case file has clearly contributed to our dilemma,” Wightman concluded.
Individual cottagers currently pay from $1,100 to $1,700 annually depending on the size of their cabin and proximity to the waterfront.
The cabins range from about 500 square feet to 1,200 square feet in size with the former main lodge bering the the largest, measuring about 3,000 square feet.