Ontario must resolve a longstanding land claim with Magnetawan First Nation to proceed with expanding Highway 69, Chief William Lloyd Noganosh stated this week.
Highway 69 stretches from Sudbury to near Nobel, Ontario, where it connects to Highway 400. Approximately 68 kilometers of this route remain a undivided two-lane highway, passing through reserve lands of three First Nations: Magnetawan First Nation, Henvey Inlet First Nation, and Shawanaga First Nation.
First Nations Seek Fair Agreements for Highway Upgrade
Negotiations with the province over widening this section of Highway 69 date back to at least 2008. Magnetawan First Nation recently affirmed its full support for twinning the highway but insists on addressing its land claim, filed in 2021.
“We need to resolve that land claim in cooperation or side by side with the expansion of Highway 69,” Chief Noganosh said. “We’re waiting to hear from the province, and it’s up to them to acknowledge that.”
The Ministry of Transportation directed inquiries to the Ministry of Indigenous Affairs and First Nations Economic Reconciliation, which has not yet responded.
Details of the Land Claim Dispute
The claim concerns the boundaries of Magnetawan First Nation’s territory under the Robinson Huron Treaty of 1850. The nation asserts that the surveyed reserve boundaries differ from what it was promised.
Stephen O’Neill, a lawyer and retired Ontario Superior Court judge assisting Magnetawan, explained the issue stems from the treaty’s use of “miles” instead of “leagues.” “This is a problem that’s been known to the Crown since August of 1851,” he said. Some communities resolved it on the ground historically, but issues persist today.
“We have to get certainty and finality [of the lands] in order to construct a highway,” O’Neill added. “When we can’t sit with Ontario and have the discussion … it puts a question mark on the certainty and finality and legal status of these lands.”
Ontario and Magnetawan disagree on the filing date—2021 per the nation, 2022 per the province’s records—making the government overdue either way.
Safety Concerns Drive Urgency
Chief Noganosh stressed his community’s commitment, citing frequent accidents. “We are very concerned and we want to get this done,” he said. “You hear all the time that sometimes it’s not the highway to blame, sometimes the driver is going too fast. But nevertheless, if we had a four-lane [highway] going through all the way… then of course the highway is going to be much safer.”
O’Neill noted frequent questions from Sudbury, Parry Sound, and surrounding areas about delays. “There are times when you will hear the question raised or the suggestion made that the First Nations are holding it up—Magnetawan wanted to make it very clear … that they’re all in,” he said. The nation has met with the Ministry of Transportation and plans to continue.
The Ministry of Transportation states that expansion work continues. “Construction to expand the remaining sections of Highway 69 south of the French River will begin once property is secured and all environmental, regulatory, and Indigenous consultation requirements are met,” officials wrote.
Shawanaga First Nation reached a tentative agreement with the province in November 2024. Henvey Inlet First Nation anticipates a deal by June 2025.
