Land claims process creates confusion for Flying Post

Nestled in the heart of the forest some 70 kilometres away from the populated area of the city of Timmins is a small tract of First Nations territory known as Flying Post First Nation No. 73.
The relatively unknown First Nation has been garnering attention recently in northern Ontario due to a treaty land entitlement (TLE) process that chief and council are pursuing.
A cultural misunderstanding first began when a letter written by Jason Batise, technical services advisor of Wabun Tribal Council was sent to the City of Timmins to provide input into the municipality’s official plan.
Batise said the city of Timmins is within the geographic boundaries of Treaty 9.
“The entire member nations of the Wabun Tribal Council are signatory to this treaty and therefore must be considered during any development of the land, be it residential or commercial,” Batise said in the letter.
“Timmins has seen fit to expand its municipal boundary to encompass a vast tract of our First Nations traditional territory. Activities, especially industrial activities such as mining and forestry, which are being contemplated within the municipal boundary, will still be required to complete full and meaning consultation and accommodation with the First Nations.”
Chief Murray Ray of Flying Post First Nation said he would like to know what the City of Timmins is doing in the forest.
“That is our traditional territory and we might have a problem with something that they may do,” Ray said.
The territory encompasses a 23 square mile tract of land, west of the city of Timmins municipal boundary within the Enid Township.
In Batise’s letter, he pointed out that Flying Post has no infrastructure and to develop its current location would be impractical.
“We told the city planner that Flying Post is looking at moving part of the reserve closer to the city limits,” Ray said.
The proposed area the chief had in mind to relocate is a half square mile in size near the junction of Malette Road and Highway 101.
“We can try to move it down near the highway that was our thought process. It was a dream,” Ray said.
He said the TLE application was just submitted to Indian and Northern Affairs Canada (INAC).
The Wabun Tribal Council letter sparked concerns for city councillor Pat Bamford. He said the city council had not been involved in the planning for a new reserve and that council was just learning of the intention for a new reserve.
“One of our councillors noticed that in the correspondence and decided to bring it to the council to discuss the implications of having a reserve within the city of Timmins,” said Mark Jensen, city director of development and community services.
“It is more or a less a reaction because we have not dealt with these things before. Establishing a reserve isn’t something we have done,” Jensen said.
However, the First Nation is working to bridge understanding of the land claim process. “Things got out of hand there. It was just miscommunication,” Ray said.
Andre Robichaud is the intermediate planner of development services for Timmins. He has been assigned the task of conducting research.
“I contacted INAC about the creation of a new reserve. It is a very long process. It should take at least a minimum of two years after an actual plan has been developed for a new reserve, outlining a strong rationale as to why a new reserve is required,” Robichaud said.
Jensen said the idea of the new reserve is new to many people in the area and “is obviously challenging for a lot of people.”
“There is a lot of unknowns to the process. We just want to get more familiar of going through that process,” Jensen said.
He adds: “We can figure it out and work together to that process.
“The key is having everyone work together to get an understanding of what we can and cannot do.”
Robichaud will continue with the research required and advise the council in a report or brief in the next couple of months.
Ray said the process is just beginning and there’s still a way to go.
“We are a long way from talking to Timmins,” Ray said. “We have to negotiate with Canada and Ontario.”
He estimated that the TLE process could take five to seven years.
“We are not moving next week,” Ray said.