Just three weeks after the Nation of the Amikwa Nipissing Allies filed a Statement of Claim in Ontario Superior Court, all sides in the action have agreed to a 'pause in legal proceedings."

 

NANA Leadership Council member Michael Swinwood, who also serves as lead counsel of the organization's legal team says the pause has to do with a development relating to the Algonquins of Ontario. Currently the organization is negotiating with Canada and Ontario.

 

"Due to uncertainties in the continuation of the land claim by the Algonquins of Ontario (AOO), discussions among counsel have led to an agreement to pause the movement of the lawsuit until such time as those uncertainties can be cleared up," says Swinwood.

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He remains optimistic about NANA's legal action, and sees a silver lining in the delay.

"This has afforded the Nation of the Amikwa Nipissing Allies more time to better organize the nation," he says. "This pause allows us to create a Nation Council and Executive Council. Together they are charged with the responsibility of establishing our position in the legal action.

 

Swinwood adds that there is hope this could lead to discussion and negotiation with all parties involved.

The Nation of the Amikwa Nipissing Allies filed a Statement of Claim on November 1st, 2023 in an effort to be recognized as an indigenous nation. 

 

The Statement of Claim also seeks to gain legal recognition of the existence of our nation and it's inherent indigenous rights under Section 35.1. This would include indigenous title to land, fishing and hunting rights, sovereignty and self-determination.

Swinwood anticipates that before the end of 2023 a clear definition of the next steps will emerge. 

 

A COURT RULING THAT COULD BE A GAMECHANGER

NANA's legal team is encouraged by what has been described as a groundbreaking decision on Section 35.1 rights issued by the Quebec Superior Court.  Lead counsel Michael Swinwood expects the ruling will set the stage for a more favourable determination of Section 35.1 indigenous rights. He says the case addressed past criteria established by the Supreme Court of Canada, one that indigenous nations say has hindered the advancement of indigenous rights. 

 

"This case established criteria which is much more favourable to indigenous peoples," says Swinwood. "It recognize sthe application of the United Nations Declaration on the Rights of Indigenous Peoples  as an international instrument applicable to domestic law. 

"Furthermore it gives a broader definition of reconciliation and ties it to the honour of the crown for the resolution of past wrongdoings," explains Swinwood.  He believes the 440 page decision is a judgement that redefines the relationship between government authority and indigenous nations on a much more favourable footing.

What else does this mean for the Amikwa legal effort?

 

Swinwood is confident the decision will also assist the Nation in legal cases going forward. as courts work to interpret the Amikwa Nations historical relationship on a nation-to-nation basis.

 

He's also pleased about another finding in the decision that states indigenous peoples have a right to economic development.