As Dylan Whiteduck sits inside a corporate boardroom on Slater Street in the heart of downtown Ottawa, there is a touch of irony that he is only a couple of hundred steps away from Parliament Hill.
Whiteduck — chief of the Kitigan Zibi Anishinābeg (KZA) First Nation community — is openly lamenting the lack of communication with the federal government on the crucial topic of LeBreton Flats.
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“I think they’re not taking reconciliation seriously. And they take us for granted, as if we don’t know what we’re doing. I believe they don’t really care,” says Whiteduck. “They believe it’s their land and they can do whatever they want. But it’s not their land.”
The parcel of land at LeBreton Flats has become arguably the most sought-after piece of real estate in the national capital region. And Whiteduck has watched from afar as the plan to redevelop the area — with the proposed new Ottawa Senators arena serving as the dazzling centrepiece — has unfolded without any meaningful consultation with leaders from his KZA community.
As part of an hour-long conversation with The Athletic this week, Whiteduck says his KZA community is now preparing to take legal action against the government of Canada to ensure they have a significant voice at the table in these arena negotiations at LeBreton Flats.
“That’s why we have to move forward in a litigation case, because we’re not being recognized,” says Whiteduck.
According to Whiteduck, this legal action is a last-resort maneuver to solve an issue that has dragged on for several years. In December 2016, KZA filed an aboriginal title claim in the Ontario Superior Court of Justice, seeking title on a vast swath of land that includes the LeBreton Flats district. Less than a year later — in October 2017 — KZA agreed to enter an abeyance agreement in the case with the Canadian government and the National Capital Commission (NCC). That was the equivalent of pressing “pause” on the legal claim and pursuing a negotiated solution outside of litigation. KZA believes they entered that agreement in good faith, not wanting to slow down any potential development at LeBreton Flats with extra legal barriers.
But Whiteduck describes the attempt to find a solution outside of the court system as akin to a “cat and mouse game.”
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“We would talk to the federal government and they would tell us, ‘You need to talk to the NCC.’ Then we would talk to the NCC and they said, ‘You have to talk to the federal government,'” says Whiteduck. “We were just getting the run around for about four and a half years.”
So this past November, KZA informed government officials in writing of their intention to pursue a solution through the court system. And on March 11, that abeyance agreement quietly expired, essentially giving KZA the green light to now move forward with litigation.
As part of a statement to The Athletic on Thursday, the NCC wrote, “In June of last year, the NCC and its Algonquin negotiating partners signed a Framework Agreement that sets out the basic parameters for the detailed negotiation process. The National Capital Commission was informed in November 2022 that Kitigan Zibi Anishinabeg intended to reactivate its legal claim against the Government of Canada.”
Despite the NCC confirming they were made aware of the intentions of KZA in November, Whiteduck says there has been no substantive communication between the parties over the past several months. And he is steadfast in his belief that KZA will emerge victorious if this advances to a courtroom setting.
“We have a strong case here. And we’re not going to let this go,” Whiteduck says. “It’s a good portion of our territory and lands.”
Whiteduck wants Ottawa Senators fans to understand his community is not interested in simply throwing up red tape to slow down the process of building a new arena for the hockey team at LeBreton Flats.
“We don’t want to stop this or put any barriers to this. We just want to be a part of this,” explains Whiteduck. “But we’re not being invited to any type of roundtable or a discussion.”
Whiteduck classifies himself as a passionate Ottawa Senators fan. He fondly recalls being a student at Algonquin College during the Spezza-Heatley-Alfredsson era of the Senators. In one season, he recalls attending 33 Senators home games, routinely taking the 400-series OC Transpo bus from his college residence to the arena in Kanata. He genuinely understands the importance of a downtown arena to the future of the NHL franchise in this city.
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“LeBreton Flats is a new project. It’s a huge opportunity for everyone,” says Whiteduck. “It’s a good reconciliation initiative for the citizens of Ottawa, Senators fans, the government of Canada and the NCC. For all those parties that are interested in developing these lands and want to see it happen.”
Whiteduck speaks calmly — yet passionately — on this topic, displaying many of the attributes that helped him get elected as chief as a relative neophyte three years ago. He was only 30 years old when he was first elected in 2020 and then ran a successful re-election campaign two years later. Whiteduck represents a fresh, young and bold voice for Indigenous people and a leader who is looking to launch his community into a new era of prosperity.
He repeatedly uses the phrase “economic reconciliation” — a concept he believes is vital to reversing the issues that plague First Nations communities. The KZA territory is located roughly 90 minutes north of Ottawa, near Maniwaki, Quebec, and Whiteduck says that roughly 50 percent of the people who live in his community are constantly under a “boil water” advisory.
In asking for a seat at the table at LeBreton Flats, KZA believes they can negotiate a path that allows them to generate money. There might be an opportunity for a portion of the contracting related to construction of a new arena at LeBreton Flats, for example, to go to Indigenous or Aboriginal firms.
“Economic reconciliation is the path forward for First Nations to come out of our poverty state,” explains Whiteduck. “The more prosperous First Nations become, the more we don’t have to rely on the government, rely on taxpayer money. Let us develop ourselves. Let us be prosperous and generate money here from our territory in Ottawa. And bring it back to our nation, which is right around the corner.”
Whiteduck has seen the suggestions that the Senators’ new arena could pay homage to First Nations groups through artwork or designated street names in the area. But he dismisses those ideas as outdated and inappropriate.
“Renaming the streets, sculptures or getting our artists to create murals and stuff? That’s borderline tokenism. We’re past that stage now,” says Whiteduck. “We’re at the stage where we want to be investors. We want to provide a stake ownership in the Senators if possible.”
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To date, Whiteduck says only one potential group of Ottawa Senators owners has been in contact with him. That correspondence occurred within the past few days, when a representative connected to the bid with Ryan Reynolds and the Remington Group reached out to Whiteduck to try and set up an initial meeting.
“They are taking the right step,” Whiteduck says of the Reynolds and Remington bid. “Whoever is trying to buy the Senators, we should be included.”
Whiteduck takes a moment to allow himself to dream about a scenario where a new ownership group with the Senators invites them to have a small percentage stake in the hockey club.
“The Algonquins own a part of the Senators? How cool would that be?” asks Whiteduck. “What other franchise could say they ever have an established relationship like this with a First Nations group?”
Whiteduck readily acknowledges there is an overlap in the territory at LeBreton Flats, with multiple First Nations groups simultaneously laying claim to the land.
The NCC has also confirmed to The Athletic they have worked with 11 Algonquin communities to find a solution that is amenable to all parties involving the land issues around LeBreton Flats.
“Since the Building LeBreton project was launched, the NCC has been working closely with 11 Algonquin communities, including Kitigan Zibi Anishinabeg, to negotiate a detailed benefits agreement that accounts for the fact that the project is occurring on unceded Algonquin territory. Such an agreement is intended to address four key areas: financial elements, land, cultural representation and employment and contracting opportunities for Algonquin businesses and workers,” the NCC wrote in a statement. “The NCC looks forward to continued constructive dialogue with all 11 communities and has proposed to advance the negotiation process in order to finalize a benefits agreement.”
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Whiteduck watched the TSN Insider Trading story from Chris Johnston last month, where it was reported the Algonquins of Ontario have formed a partnership with a potential bidder because they also have a land claim at LeBreton Flats.
But Whiteduck says he’s not the slightest bit concerned about the Algonquins of Ontario, as he believes the title claim for KZA carries enough weight and merit on its own.
“We have all the evidence to prove this is our territory,” Whiteduck says. “These lands that we’re all on in Ottawa and Gatineau, we’ve never surrendered. We’ve never ceded. It was rightfully stolen from us.”
Whiteduck says there are documents — some dating back to the 1800s — that prove KZA has a title claim to the lands surrounding LeBreton Flats beyond a reasonable doubt. There are old journals from Jesuit settlers, petitions on yellowed paper and other documents to support the claim they have never surrendered aboriginal title to this territory, he says.
And if this is now headed for a legal battle in the court system, they are prepared to have their evidence ready for careful scrutiny.
“We have to prove to Canadians and to the Crown that we do have title. We have to prove that we still have title to these lands,” explains Whiteduck. “We have to produce our facts.”
Whiteduck says people should not be alarmed that a First Nations group like KZA based in Quebec is laying a title claim to land in the province of Ontario.
“We predate confederation in Canada. There was no Quebec or Ontario. It was just a vast territory occupied by our ancestors,” says Whiteduck. “This Ontario and Quebec thing to us is imaginary. Our territory is broad.”
This most recent round of stalled negotiations with government officials over LeBreton Flats is bringing back an all-too-familiar feeling for the members of KZA. In the first iteration of trying to build an NHL arena at LeBreton Flats, KZA were also being kept on the sidelines.
“When LeBreton was happening in 2015, we were not being invited to the table. We were not being included,” says Whiteduck. “Our leadership took a position saying, ‘You know what? We’re not being included. They’re pushing us all aside.”
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So the nation decided to take action, following the template set from a landmark title claim case in British Columbia in 2014. A Supreme Court of Canada decision in December 2014 confirmed aboriginal title to more than 1,700 square kilometres of land in British Columbia for the Tsilhqot’in First Nation.
“That was a stepping stone for us. That showed we could fight for subject of title,” says Whiteduck. “When that decision came, it was huge.”
On the heels of that decision — and feeling like their voices weren’t being heard by the federal government and the NCC — KZA filed an aboriginal title claim on Dec. 7, 2016 to a wide area of land in the region that included LeBreton Flats.
Then KZA entered the abeyance agreement with the federal government and the NCC a few months later, a decision they now review with a measure of regret.
“We felt that it was a tactic by the government. Put our case in abeyance and then they could negotiate with developers,” says Whiteduck. “All these land deals could happen because we were in abeyance and not in the court system.”
But with the abeyance lifted six weeks ago, KZA is vowing for a different outcome this time around. They won’t simply acquiesce or recede quietly into the background while the negotiations around a potential billion dollar arena are taking place without them at the table.
“We’re reliving a moment that happened before, but this time, we’re sticking to our guns,” says Whiteduck. “We’re not against the development of the Senators. We don’t want to be the bad guys in this. We just want to be a part of this. We just want our foot in the door.”
In its most recent update to the board of directors, NCC officials said they are still hopeful to have a lease agreement in place to build a new arena for the Ottawa Senators this fall. To Whiteduck, that means the clock is officially ticking to reach a settlement with his nation in the months ahead.
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“We’re in the early stages of this. We have from now until the fall to try and be included in the process. We just want to be a part of this,” says Whiteduck. “The window is closing in October. But give us a chance and we’ll show you this is a good path forward for the city of Ottawa to be recognized as participating in reconciliation in the sports industry.”
Whiteduck is optimistic there is a route to reach a settlement, without entering the court system for a lengthy and prolonged battle. He says his lawyers are currently in a briefing process and there is room for optimism that an initial hearing with government officials could be on the horizon. But as of right now, Whiteduck says “there just really isn’t any relationship” between KZA and government officials — even after they warned of pending litigation.
He says if there is not adequate closure on their title claim by the end of 2023, KZA wouldn’t necessarily stop or block construction on a new arena at LeBreton Flats. But they would make it very clear there could be a heavier price for the government to pay in the future if the court eventually rules in their favour.
“It’s going to take several years to get a judgment rendered in the Supreme Court,” says Whiteduck. “In five or eight years, when a decision is made, don’t take us lightly now.”
Instead of imagining a prolonged court battle, Whiteduck prefers to picture a scenario where the Senators and government officials are breaking ground on the new arena at LeBreton Flats at some point in 2024.
“We want to be in the picture when the shovels are going in the ground,” says Whiteduck. “We’re not being the bad guys in the litigation.”
(Photo of LeBreton Flats, the proposed site of a new Ottawa Senators arena: Chris Tanouye / Freestyle Photography/Getty Images)
