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Fight over Kapyong Barracks lands back in court

Manitoba First Nations say they have rights to surplus Crown land in Winnipeg under Treaty One provisions. Skyview1 / Global News / File

WINNIPEG – The Federal Court of Appeal heard arguments in a legal battle between Ottawa and several First Nations over the future of the Kapyong Barracks land.

Long Plain, Peguis, Roseau River and Swan Lake First Nations won a Federal Court ruling in 2012 that blocked the sale of the surplus military land in downtown Winnipeg. The First Nations have outstanding land entitlements from Treaty One and the federal government must consult them before selling the 65-hectare parcel of a former military base, a judge ruled.

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However, the federal government appealed that ruling and the First Nations are again arguing their case. They hope to establish an urban reserve on the land along Kenaston Boulevard.

Federal government lawyers argued that under a surplus federal land clause, the groups have no right to the property, which has been empty since it was abandoned by the military in 2004.

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It could be a month before the three judges who heard the case make a ruling, or the federal government and First Nations could reach a deal outside court before the judges’ decision is handed down.

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