By Jean Sarrazin

NATION – A spokesperson for a First Nation organization, says they will be seeking over $750,000 from the Nation municipality for damages they say were caused by the municipality’s negligence in passing and then repealing a simple property re-zoning on two separate occasions.

Yvan St. Jean is general manager of Cultural Foundation, Native Expressions (CFNE), a non-profit organization planning the development of an interactive educational resource centre – to promote First Nations cultural and agricultural heritage – located at the corner of Robillard and Ettyville Roads near Bourget. The project would include a traditional aboriginal village, a museum, an artist studio and workshops.

“I believed in the township, I believed they did the proper procedures,” St. Jean told The Review, and based on this belief St. Jean says his organization went ahead and hired an engineer to do an environmental assessment of the property at a cost of $12,558.59.

A letter from St Jean’s lawyer, John E. Summers of the law office Bell Baker in Ottawa to the municipality’s insurance company’s claims specialist, Vivien Herzog of Zurich Insurance in Toronto says that, “the expenditure has turned out to be a waste given the fact that the by-law has been repealed. This assessment will likely have to be re-done,” Summers states in his letter which contains a list of damages they believe were caused by the alleged negligence of the municipality.

“Firstly, they were refused a number of grants due to their lack of a building,” Summers explains adding that a grant had been approved by Heritage Canada but that it had to be refunded, “once everything fell apart”.

Summers continues, “Also, an event was planned for the preservation of First Nations agricultural heritage which was scheduled for September of 2003. This had also to be cancelled.”

Summer also makes the case that construction costs have increased over the past two years at upwards of 90 percent and suggests that the cost of building the new site will now be significantly more than it would have been if the proper steps had been taken in the first place to amend the appropriate by-laws and official plan. “These are also damages we will be seeking,” he advises.

Summers continues the letter stating that based on the municipality’s approval St. Jean let his auctioneer’s licence lapse because he was under the impression that he would be working full time for the foundation. He estimates that loss at about $50,000 per year over two years.

Summers concludes by stating that it may be necessary to commence a court application should matters not progress in the near future.

When asked why the CFNE didn’t accept Nation mayor Denis Pommainville’s offer to re-apply for the zoning change, “free of charge”, St. Jean told The Review that he and CFNE president Luc Bourdeau were, “very confused about the freebie”.

He says at an in camera session with the Nation municipal council both men were left with the same impression, “It seems that it (the re-application) would only be free if no legal action were taken against the township,” St. Jean replied. “Why would we waive our right to claim damages of over $500,000 to save $4,000 in application fees?’ he asked.

“It’s a clear case of denial of opportunity which contributes to the marginalization of minorities,” St. Jean concluded.